A PIL seeking efficient mechanism to ensure voting rights to the armed forces personnel and their families in their place of posting is likely to come up in the first week of February. Filed by a practicing Supreme Court advocate, who also happens to be the wife of a serving Army officer, the PIL is seen as a landmark application for ensuring voting rights to the soldiers, long denied mostly because of practical difficulties.
The government has been internally discussing the tricky issue with Army HQ briefing at least four senior ministers on Wednesday about the practical difficulties in implementing what everyone agrees is a fundamental right of every Indian citizen.
Meantime, the Advocate, Neela Gokhale has written to the Prime Minister highlighting the need to give the soldier his due right. Read on:
To
The Prime Minister of India
South Block
New Delhi
“
Be it the altitude or bitter cold, nothing deters our soldiers. They stand
there, serving our nation, They make us really proud”
Your words Mr. Prime Minister … a testament to
the commitment of every citizen of this country, to the national security and sovereignty and acknowledgement
of the sacrifices made by the soldiers for the safety of its citizens. Your
decision to spend Diwali with the soldiers on the glacier reveals a discernible
patriotic undercurrent. This symbolism encourages me to write to you, sir and
bring to your notice some fundamental deprivations faced by the armed forces
and their families.
The Constitution of India enjoins the
elections to Parliament and legislative assemblies to be held on the basis of
adult franchise. So this means that every citizen of India, who is not less
than 18 years of age and not otherwise disqualified on the grounds of non
residence, unsoundness of mind, crime, corruption or illegal practice is
entitled to be registered as a voter at such election. So then, why is it that
there is no efficient mechanism yet, to facilitate the soldier on the far flung
glaciers to participate in the electoral democratic process of the country. Or
he is just not significant enough in that respect?
Notwithstanding
that the Election Commission did commendable work in undertaking processes to
reach out to individuals in the most remote localities of the country, yet the
process has once again eluded the armed forces personal and their families,
posted in far flung areas of the country. The law, as it stands today, only
permits the armed forces personnel to register as ‘service voter’ at the place
of his ordinary residence, which is deemed to be that place which, but for his
posting, would be his ordinary residence. Simply put, his ordinary residence
means his native place. It is obvious that many have been away on their call of
duty for a long time and thus are not aware of the nuances of their native
constituency or the suitability of the candidates seeking to be elected. So they
are expected to participate in the process blindfolded, without formation of
their own opinion, which reduces the exercise of the right of franchise to an
exercise in futility. Even the present postal ballot system has admittedly
failed to ensure maximum encouragement to participate in the formation of a vibrant
democracy. The factum of ordinary residence of a soldier is created by his
posting order, issued by the government itself, purely on operational
considerations and none other. Yet he
uncomplaining accepts his orders and performs his duties without demur. Mindful
of the fact that permitting enrolment at the place of posting may affect the
demographic equations of a constituency, especially in places such as J&K
etc, where the army personnel may at times outnumber the general populace, yet
the resolution lies somewhere in the middle of the devil and the deep sea.
Being an army officer’s wife myself and
concerned with the issue, I have approached the Hon’ble Supreme Court by filing
a writ petition and urging the court to address the issue and direct a suitable
resolution. True to my faith in its invincible ability to deliver timely
justice, as an interim measure, the Hon’ble Court permitted the armed forces personnel posted in family
stations, to enroll at their places of posting during the recent Lok Sabha
Elections. That perhaps resulted in a greater than ever participation of the
armed forces personnel in the recent elections.
The petition is yet pending determination by a larger bench.
It is a complex issue, but given the
underlining theme of participatory governance adopted by your government and
the reclamation of the grounds lost by the hereto before policy paralysis, it
would be both, expeditious and consistent, that this imbroglio be addressed and
resolved by means of your executive intervention than determination by the
court. The letter of the law does seem to inculcate the principle of adult
franchise vide cursory provisions for the ‘service voter’ in the RPI Act, but
the spirit of the principle of franchise has been relegated to the intentions
of the framers of the constitutions, which I feel sure, your government will
correct at the earliest.
Neela Gokhale
Advocate
Supreme
Court of India
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