DENIAL OF VOTING RIGHTS TO DOMESTIC MIGRANTS

Introduction

Voting is a fundamental aspect of democracy and plays a crucial role in shaping the
principles, functioning, and success of democratic systems. When a group of citizens
collectively elects its representatives, it affirms the notion that we govern ourselves by free
choice. Voting encompasses broader ideals which are foundational to the bedrock of the
democracy. The right of suffrage is a fundamental matter in a free and democratic society,
and this right to
exercise the franchise in a free and unimpaired manner is preservative of other basic civil and
political rights.

In this article I examine how denial how current statutory legislations and rules do not
address and take into consideration the unique predicament and relationship which domestic
migrants in our country share with their native place, which further deprives them of political
agency and underlines the persistent apathy and disenfranchisement faced by them
throughout the country.

Existing Statutory Guidelines

According to current statutory provisions, a person can only be registered in one

constituency. He can cast his vote for parliamentary or regional elections only in the
constituency where his name appears in the voting and cannot exercise his voting right at any
other place, he may be residing due to his occupation, service or work. Even though there are
provisions for changing one’s constituency after they have been living or residing in another
place for a considerable time, it is very difficult for circular migrant workers to avail of this
provision. Most of them live in temporarily constructed homes, do not have the legal
documents required to prove their residency like rent agreements, utility bills and at the same
time return back to their hometown for a quiet long time.

At the same time, it is important to understand why migrants are generally reluctant to shift
their voting constituency and are far more interested in their regional and native place’s
politics. A study by Aajeevika Bureau, illustrated this aperture by highlighting how only
sixty-five percent of migrants had voted in their previous Panchayat elections compared to
just forty-eight percent who voted in the Lok Sabha elections. The primary reason attributed
to this big difference was the personal and intimate connection they have to their own
region’s politics. They face a lot of social pressure from their families and relatives, wherein a
close relative or a member of the family was contesting elections and so as to help in
canvassing, voting and as an obligation and duty toward the family. Similarly, even the
candidates contesting the elections took various measures and initiatives to persuade them to
return home to cast their votes as Panchayat and other local elections frequently come down
to just a few votes, so any number of individuals might help in turning the needle towards
their favour. Therefore, migrants even after leaving their family homes and moving to
different places still maintain a deep connection with their native place’s which makes it
difficult for them to change their voting constituency.

Proposed Changes
The Election Commission of India has recognized the challenges faced by migrant workers,
as evidenced by its Chief Election Commissioner personally embarking on an arduous
eighteen-kilometre trek to a remote and hilly region in Uttarakhand. This trek provided
valuable first-hand insight to him about the hardships these workers endure.

As a result, in December of the previous year, after extensive consultations with various
stakeholders and interested parties, the ECI made the decision to proceed with the trial of the
Multi Constituency Remote Electronic Voting Machine (RVM). The RVM represents an
enhanced version of the well-established M3 EVMs used for voting nationwide. Its
characteristics align with the earlier explanation of the postal ballot proposal. To utilize
remote voting, a voter must first pre-register with their home constituency.

The RVM is a self-contained device, distinct from the standard EVMS, capable of
accommodating data for up to seventy-two constituencies. Notably, it replaces the
conventional fixed paper ballot with an electronic ballot display system. Upon scanning their
constituency card, the voter can view the candidates and their respective party affiliations in
their specific constituency. The machine itself performs the calculations and securely stores
the votes for each candidate within that particular constituency.

Challenges

Nonetheless, there are a multitude of legal, political, and technological challenges that require
careful consideration and resolution in the path ahead. Amendments to crucial legislations
such as the Representation of People Act of 1950 and 1951 are imperative to reflect the
evolving definitions of 'ordinary residents' or 'temporary absence. This step is vital to ensure
that the legal framework aligns with the changing landscape of migration. Moreover, the need
for a more precise and robust definition of 'migrant voters' is paramount, as it should maintain
its unique identity as an optional voting facility that can be offered in every election cycle.

On a logistical front, questions persist regarding how to create a controlled and secure
environment that safeguards the secrecy of voting. Decisions regarding the number of polling
booths required and the appointment of suitable polling personnel are of utmost importance
to ensure a smooth and reliable process.

Likewise, technological and administrative concerns remain in focus. The provision of

polling agents to candidates for voting at these controlled locations is a complex matter.
Ensuring the proper identification of voters is critical to eliminate any possibilities of voter
impersonation and to maintain the integrity of the electoral process.

Conclusion

Voting is an inherent and revered right, representing the most potent tool wielded by ordinary
citizens in our nation. It stands as a cornerstone of our democratic framework, endowing
individuals with the capability to ensure the resonance of their voices and actively engage in
shaping policies that address their concerns. A healthy, functioning democracy is one in
which everyone has the ‘right to vote’ and equal access to make their voice heard. The current
legislative rules which deny migrant worker’s this right undermines the principles of
democracy and also underscores the need for comprehensive and inclusive electoral reform.