Showing posts with label Accessible Elections. Show all posts
Showing posts with label Accessible Elections. Show all posts

Wednesday, October 30, 2019

Suo Motu Vs. Chief Election Commissioner | Case No. 1252/1106/2019/10/7329-7333 | Dated: 29.10.2019




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