In the Court of
State Commissioner for Persons with Disabilities
National Capital Territory of Delhi
25-D, Mata
Sundari Road, Near Guru Nanak Eye Centre, New Delhi-110002
Phone:
011-23216001-02, Email: comdis.delhi@nic.in
[Vested with powers of
Civil Court under the Rights of Persons with Disabilities Act, 2016]
Case
No. 1252/1106/2019/10/7329-7333 Dated: 29.10.2019
In the matter of :
Suo-Motu
Vs.
The
Chief Election Commissioner, ……… Respondent
Election
Commission of India,
Nirvachan
Sadan, Ashoka Road,
New
Delhi- 110001.
ORDER
Section 11 of the Rights of Persons
with Disabilities Act, 2016, hereinafter referred to as Act provides, “The Election Commission of India and the
State Election Commissions shall ensure that all polling stations are
accessible to persons with disabilities and all materials related to the
electoral process are easily understandable by and accessible to them”. The
said provision would ensure accessible voting for persons with disabilities
provided they are able to reach the polling station.
2. As some persons with disabilities,
especially Sr. Citizens with disabilities have serious problem in movement,
they either cannot go to the polling station or are discouraged by their
condition to be carried for casting their vote. It is also true of many
seriously ill people who may be keen to cast their vote, yet cannot do so.
Carrying them and making them to vote even with the best of transport facility,
is against their dignity. Thus, they get deprived of their fundamental right.
3. In light of the above, this court
requested Chief Election Commissioner, Election Commission of India and the
Chief Electoral Officer, Govt. of NCT of Delhi to make provisions for such
persons with disabilities to cast their vote by Postal Ballot or any other
technologically supported method that can enable them to cast their vote from
their home/place of stay vide letter dated 08/08/2018 followed by another
letter dated 25/03/2019.
4. The Office of the Chief Electoral Officer,
Delhi vide their letter dated 09/04/2019 also forwarded the letter dated
08/08/2018 of this court to Election Commission of India. The Election
Commission of India and the Chief Electoral Officer, Delhi were also requested
vide letter dated 11/04/2019 to expedite
the matter and to intimate the action taken besides letting this court know the
facilities that have been put in place or would be provided for the Lok Sabha
Election 2019 like availability of Election Manifesto in accessible format
& Audio Component with an earphone to the VVPAT to enable persons with blindness/low
vision to know that their vote has gone to the candidate of their choice while
ensuring protection of the secrecy of their ballot.
5. Vide letter No. 491/ECI/LET/FUNC./SVEEP-II/PwD/2018/95
dated 24/04/2019, Election Commission of India informed that the following classes of electors are entitled
for postal ballot: -
(i) Service
Voters, other than those who opt for proxy voting (Classified Service Voters)
(ii) Special voters
(iii) The
wives of persons referred to in clauses (a) and (b) above
(iv) Electors subjected to preventive detention
(v) Voters on election duty
(vi) Notified voters
No other electors are entitled to cast
their votes by Postal Ballot. It was further stated that the request made by this court requires
amendments in the laws, which is beyond the jurisdiction of the Commission.
6. It was suggested over phone to initiate the
matter so that Ministry of Law and Justice, Govt. of India could consider it.
7. Although the facility of postal ballot
/technologically supported voting facility for persons with disabilities from
their residence could not be extended in the Lok Sabha Election 2019, yet Ministry
of Law and Justice (Legislative Department) after consulting the Election
Commission of India has notified the Conduct of Elections (Amendment) Rules
2019 vide notification dated 22/10/2019. Through this amendment, persons with
disabilities flagged as persons with disabilities in data base of electoral
roll and Sr. Citizens above 80 years of age have been included in the
definition of ‘Absentee Voters’ and thus entitled to cast his/her vote through
postal ballot. Necessary amendments have been made to facilitate casting of
vote by persons with disabilities and Sr. Citizens above 80 years of age
through postal ballot.
8. In view of the positive action by Election
Commission of India, Chief Electoral Officer, NCT of Delhi and all other
concerned, the matter is closed.
9. Given under my hand and seal on 29th day of October
2019.
(T.
D. Dhariyal)
State
Commissioner for Persons with Disabilities
Copy (for information along with a copy of notification
dated 22/10/2019) to:
1.
The Chief Secretary, Govt. of NCT of Delhi, 5th
Level, Delhi Secretariat, I. P. Estate, Delhi-110002.
2.
The Chief Electoral Officer, GNCT of Delhi,
Old St. Stephen’s College Building, Kashmere Gate, Delhi-110006.
3.
The Principal Secretary, Department of Law,
Justice and Legislative Affairs, GNCT of Delhi, 8th Level, Delhi
Secretariat, I. P. Estate, Delhi-110002
4.
The Secretary, Department of Social Welfare,
GNCT of Delhi, GLNS Complex, Delhi Gate, Delhi-110002
(T.
D. Dhariyal)
State
Commissioner for Persons with Disabilities
