Ensuring Accessible Elections for Persons with Disabilities (PwDs), Senior Citizens, Pregnant Women, and Critical Patients in the Upcoming Delhi Elections and Beyond

[Twinkle Soni]

To,

The Chief Election Commissioner of India

Election Commission of India

Nirvachan Sadan, Ashoka Road,

New Delhi – 110001, India

Cc:

Chief Electoral Officer, Delhi

Election Commission of Delhi

[Address of the Delhi Election Commission Office]

Cc: O/o Election Commission of India

Cc: O/o Delhi State Disability Commission ( Disabilities Commissioner of Delhi) 

Cc: All Other Relevant Authorities

Subject: Ensuring Accessible Elections for Persons with Disabilities (PwDs), Senior Citizens, Pregnant Women, and Critical Patients in the Upcoming Delhi Elections and Beyond

Dear Sir/Madam,

I am writing to you with an urgent and pressing concern regarding the barriers faced by Persons with Disabilities (PwDs), senior citizens with high care needs, pregnant women, and critically ill patients who cannot physically visit polling stations. As the upcoming Delhi elections in February 2025 approach, and with a focus on future elections as well, it is imperative to ensure that the electoral process is fully inclusive and accessible for all citizens, including those who face significant mobility and health-related challenges.

While the Election Commission of India has made several improvements in providing ramps, accessible toilets, and voting machines with Braille or audio assistance at polling stations, these measures alone may not be sufficient to ensure full participation from vulnerable groups. To make the democratic process more inclusive, we need to address critical gaps in accessibility for PwDs, senior citizens, pregnant women, and critical patients. I respectfully urge the Election Commission to consider and implement the following proposals aimed at ensuring accessible and equitable elections for these marginalized groups.

Key Questions to Raise:

Voter ID and Representation for PwDs:

Despite significant improvements, why does the number of PwDs registered as voters in Delhi remain substantially lower than the actual population of PwDs?

What specific steps will the Election Commission take to ensure that PwDs, especially those who are currently unregistered, are properly included in the voter rolls?

How will the government address the issue of the disparity between the PwD population and the actual number of PwDs with voter IDs, ensuring no eligible voter is left out?

Access to Voting for High Care Needs Voters:

How will the government ensure that voters with high care needs, PwDs—including senior citizens above 65, pregnant women, and critical patients—can access voting without physically visiting polling stations?

Will there be provisions made for these vulnerable groups to vote remotely or through alternative methods, such as postal ballots or home voting services, without compromising the privacy or secrecy of their vote?

Inclusion of Critical Patients and Pregnant Women:

What steps will be taken to ensure that pregnant women, especially those in advanced stages of pregnancy, and critical patients, including those on life support or undergoing long-term treatment, can participate in the electoral process even if they are unable to leave their homes or hospitals?

Is the Election Commission considering the introduction of online voting or other innovative methods to enable participation for those who cannot be physically present at the polling stations?

Charter of Demands:

Universal Voter Registration System:

Ensure that all PwDs are registered by collaborating with organizations representing PwDs, hospitals, senior citizen homes, and care centers. This collaboration would help identify unregistered voters and assist them in obtaining voter IDs.

Conduct a comprehensive survey and cross-check PwD populations with Aadhar data to identify eligible individuals who do not yet have voter IDs, and ensure their inclusion in the voter rolls.

Establish special counters at every polling center for the purpose of enrolling new PwD voters and ensuring that they are adequately registered and included in the electoral process.

Postal Ballots and Online Voting:

Extend the access to postal ballots for PwDs, senior citizens, pregnant women, and critical patients, making the process more streamlined and less bureaucratic.

Implement a secure online voting system that allows PwDs, senior citizens, pregnant women, and critical patients to vote from their homes, hospitals, or care facilities. The online system should ensure that voter privacy and the secrecy of the ballot are maintained. This could include biometric or Aadhar-based authentication to confirm the identity of voters securely.

Voting from Home or Treatment

 Location:

Provide home voting provisions for PwDs with severe mobility issues, senior citizens, pregnant women, and critical patients. These groups should be able to cast their votes from their residence or treatment location via postal ballots or online voting systems.

Simplify the process for applying for postal ballots. Ensure that the process is user-friendly and accessible, particularly for elderly or ill voters who may require assistance in filling out forms and submitting applications.

Accessible Voting Booths and Transport:

Ensure that all polling stations are made fully accessible for PwDs. This includes the provision of ramps, accessible toilets, Braille-enabled voting machines, and audio assistance where necessary.

Provide dedicated transport services for PwDs and senior citizens who wish to physically visit polling stations but are unable to do so due to health conditions, disabilities, or other mobility issues.

 These services could include special vehicles equipped for accessibility.

Suggestions for Achieving Full Participation:

Strengthen Collaboration with PwD Organizations:

Collaborate closely with disability advocacy groups, NGOs, and local community centers to create effective outreach strategies for voter registration and education. These organizations can play a crucial role in identifying unregistered PwDs, raising awareness about voting rights, and assisting with voter education and registration drives.

Leverage Technology for Voting:

Invest in and implement a secure and reliable online voting system. This system should include features for biometric or Aadhar-based authentication to verify the identity of voters securely while ensuring the integrity and confidentiality of the vote. Such technology would provide a convenient and accessible option for PwDs, senior citizens, pregnant women, and critical patients to vote remotely.

Mobile Voting Apps: Develop mobile voting apps with accessible features for PwDs, allowing them to cast their votes remotely from their mobile devices.

Virtual Polling Stations: Establish virtual polling stations, enabling voters to participate in the electoral process from the comfort of their own homes or care facilities.

Accessible Online Registration: Ensure that online voter registration platforms are fully accessible and compatible with assistive technologies to ensure no one is excluded.

Create Voter Support Systems:

Designate special election officers who are trained to assist PwDs, senior citizens, and people with special care needs in the registration process and during voting, whether at home, in hospitals, or at polling stations.

Provide assistive tools at polling stations, such as sign language interpreters, accessible voting machines, and help desks for PwDs to ensure that they receive the assistance they need during the voting process.

Trained Volunteers: Provide trained volunteers to assist PwDs, senior citizens, and people with special care needs at polling stations, ensuring they have all the support they need to vote effectively.

Expand Postal Ballot Reach:

Streamline the postal ballot application process, ensuring that individuals who require it can easily access the necessary forms and submit them in a timely manner.

Consider providing mobile postal ballot services, where election officers can visit individuals' homes or hospitals to collect ballots for those unable to mail them through regular channels.

Government & Hospital Collaboration:

Collaborate with hospitals, clinics, and care facilities to ensure that critical patients can vote via postal ballots or other suitable means, such as having election officers visit their homes or treatment locations to assist with voting.

Achieving Recovery of Voter ID Disparities:

Map the PwD population accurately by collaborating with healthcare providers, disability organizations, and local governments to identify PwDs who have not yet registered as voters. Special registration drives in hospitals, disability centers, senior citizen homes, and other care facilities can help address this issue.

Ensure inclusive documentation support so that PwDs are not hindered by bureaucratic obstacles. Simplify the requirements or offer assistance in filling out forms and gathering the necessary documentation.

Data Sharing with Relevant Authorities:

Share detailed data of PwD voters with relevant authorities, including NASSO (National Association of Social Service Organizations), the Ministry of Social Justice and Empowerment (MSJE), the Department of Empowerment of Persons with Disabilities (DEPwD), Ministry of Electronics and Information Technology (MeitY), NITI Aayog, the Census of India, Parliamentary Standing Committees, state governments, and all other relevant authorities. This will help enhance the accessibility and inclusiveness of the electoral process and ensure that no PwD is left out.

Collaborate with these authorities to develop better outreach and data collection strategies, which will be essential for ensuring the participation of PwDs and other vulnerable groups in future elections.

Inclusive Communication:

Accessible Election Materials: Ensure that all election materials, including voter guides, ballots, and campaign materials, are accessible in multiple formats (e.g., Braille, large print, audio).

Sign Language Interpretation: Provide sign language interpretation services at polling stations and during election-related events.

Audio Assistance: Offer audio assistance, such as audio ballots and voting instructions, for voters with visual impairments.

To truly ensure that the upcoming Delhi elections, and future elections, are accessible and inclusive for all citizens, the Election Commission must take proactive steps to address the needs of PwDs, senior citizens, pregnant women, and critical patients. By implementing these proposals, the Election Commission can facilitate an electoral process where every eligible voter, regardless of their physical or health-related challenges, can participate fully in the democratic process.

I urge the Election Commission to consider these demands and suggestions as an urgent priority to ensure the active participation of all sections of society in the electoral process. I am hopeful that with your support, we can achieve a more inclusive and accessible election process.

Thank you for your attention to this important matter. I look forward to your response and the swift implementation of these measures for the upcoming 2025 Delhi elections and beyond.

Sincerely,

Jitendra Kumar Soni

Convenor, Divyang Forum 2023

Address: 49/19, Rabindra Sarani, Opp. Shanti Niketan Hall, Near Jalan Variety Shop,

Rishra, Hooghly, West Bengal - 712248

Mobile: 7439848244 / 7044337707

Email: sonitwi...@gmail.com / divyangf...@gmail.com

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Key Questions :

1. Voter ID and Representation for PwDs:

   • Why does the number of PwDs registered as voters in Delhi remain substantially lower than the actual population of PwDs?
   • What steps will the Election Commission take to ensure PwDs are properly registered and included in the voter rolls?
   • How will the government address the disparity between the PwD population and the actual number of PwDs with voter IDs?

2. Access to Voting for High Care Needs Voters:

   • How will the government ensure that voters with high care needs, including senior citizens, pregnant women, and critical patients, can access voting without physically visiting polling stations?
   • What provisions will be made for these vulnerable groups to vote remotely or through alternative methods, such as postal ballots or home voting services, without compromising the privacy or secrecy of their vote?

3. Inclusion of Critical Patients and Pregnant Women:

   • How will pregnant women and critical patients, including those on life support or undergoing long-term treatment, be accommodated in the electoral process if they are unable to leave their homes or hospitals to vote?
   • Is the Election Commission considering online voting or other innovative methods to enable participation for those who cannot be physically present at polling stations?

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Charter of Demands:

1. Universal Voter Registration System:

   • Collaborate with organizations representing PwDs, hospitals, senior citizen homes, and care centers to register PwDs who are unregistered and assist them in obtaining voter IDs.
   • Cross-check PwD populations with Aadhar data to identify those without voter IDs and ensure their inclusion in the voter rolls.
   • Establish special counters at every polling center for the purpose of enrolling new PwD voters.

2. Postal Ballots and Online Voting:

   • Extend postal ballot access to PwDs, senior citizens, pregnant women, and critical patients, making the process streamlined and efficient.
   • Implement secure online voting to allow these groups to vote from their homes or treatment locations while ensuring the secrecy and security of their vote.

3. Voting from Home or Treatment Location:

   • Provide home voting provisions for PwDs, senior citizens, pregnant women, and critical patients with severe mobility issues.
   • Simplify the process for applying for postal ballots, ensuring it is accessible and user-friendly.

4. Accessible Voting Booths and Transport:

   • Make polling stations fully accessible with ramps, accessible toilets, Braille-enabled voting machines, and audio assistance.
   • Provide dedicated transport services for PwDs and senior citizens who wish to visit polling stations but cannot due to health conditions.

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Suggestions for Achieving Full Participation:

1. Strengthen Collaboration with PwD Organizations:

   • Partner with disability advocacy groups, NGOs, and local community centers to improve voter registration, education, and outreach efforts.

2. Leverage Technology for Voting:

   • Develop secure online voting systems, incorporating biometric or Aadhar-based authentication for PwDs, senior citizens, pregnant women, and critical patients.
   • Mobile Voting Apps: Create mobile apps with accessible features for PwDs to cast their votes remotely.
   • Virtual Polling Stations: Establish virtual polling stations for voters to participate from their homes or care facilities.
   • Accessible Online Registration: Ensure online voter registration platforms are fully accessible and compatible with assistive technologies.

3. Create Voter Support Systems:

   • Designate trained election officers to assist PwDs, senior citizens, and those with special care needs in the registration and voting processes.
   • Provide trained volunteers to assist PwDs, senior citizens, and people with special care needs at polling stations.

4. Expand Postal Ballot Reach:

5. • Streamline postal ballot applications and provide mobile postal ballot services where election officers

Disclaimer of Liability:

The contents of this communication are intended for informational purposes only and reflect the suggestions and concerns raised regarding the accessibility and inclusivity of the electoral process for persons with disabilities (PwDs), senior citizens, pregnant women, and critical patients. The suggestions provided are based on the best available knowledge and do not constitute legal advice or binding requirements.

The sender shall not be held liable for any actions taken based on the information provided in this communication, nor shall any individual or authority be held responsible for the execution or failure to execute the suggested measures.

Any decisions or actions regarding the implementation of these proposals will be solely at the discretion of the relevant authorities and are subject to applicable laws, regulations, and guidelines.

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list of legal obligations, laws, acts, directions, and guidelines related to the inclusion and accessibility of persons with disabilities (PwDs) in India, particularly in the context of voting rights and accessibility in elections:

1. The Constitution of India (Fundamental Rights):

• Article 14: Right to equality, ensuring no discrimination on the basis of disability.
• Article 15: Prohibits discrimination on grounds of religion, race, caste, sex, or place of birth, which includes disability.
• Article 21: Right to life and personal liberty, which includes the right to participate in elections.
• Article 325: Ensures that all citizens are entitled to equal rights in elections, irrespective of disability.
• Article 32: Provides the right to approach the Supreme Court for the enforcement of fundamental rights, including the right to vote.

2. The Representation of the People Act, 1950 and 1951:

• Representation of the People Act, 1950:
  • Provides the legal framework for the registration of voters, ensuring that PwDs are not excluded from voter registration and participation in the electoral process.
• Representation of the People Act, 1951:
  • Provides the legal framework for the conduct of elections, including voting rights for PwDs, ensuring that their voting rights are not restricted.

3. The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995:

• Provides for the welfare of PwDs, focusing on their rights in education, employment, and participation in public life. This includes the right to participate in the electoral process.

4. The Rights of Persons with Disabilities Act, 2016:

• Section 3: Recognizes PwDs' right to equality and non-discrimination in the exercise of all rights, including the right to vote.
• Section 44: Ensures that PwDs have the right to accessible voting, including accessible polling booths and voting technologies.
• Section 45: Mandates the creation of accessible facilities for PwDs at public places, including polling stations.
• Section 46: Recognizes the need for government departments and the Election Commission to ensure PwDs have easy access to electoral processes, such as the provision of postal ballots.

5. The National Policy for Persons with Disabilities, 2006:

• Outlines the measures to be taken to promote equal opportunities for PwDs, including in the electoral process. The policy encourages accessible elections, voter education, and accessible polling booths.

6. The Election Commission of India Guidelines (Accessibility of Polling Stations):

• The Election Commission has issued guidelines for ensuring that polling stations are accessible to PwDs. These guidelines include measures for:
  • The provision of ramps and accessible toilets.
  • Facilitating PwDs in casting their vote with assistance.
  • Ensuring voting machines are accessible to PwDs (audio assistance, Braille, etc.).
  • Designating special booths or polling stations for PwDs where necessary.

7. The Supreme Court of India Directions and Judgments:

• Case: Union of India v. National Federation of the Blind (2013):
  • The Supreme Court directed the Election Commission of India to take necessary steps to ensure that the rights of PwDs are protected in the electoral process, including providing accessible voting methods.
• Case: Nipun Malhotra v. Union of India (2018):
  • The Supreme Court ruled that the rights of PwDs must be given equal importance in all aspects of life, including their participation in elections.
  • The Court directed the Election Commission to make provisions for accessible voting methods, including Braille-enabled voting machines and audio voting facilities.
• Case: Disabled Rights Forum v. Election Commission (2019):
  • The Supreme Court directed the Election Commission to ensure all polling stations are made accessible to PwDs, including easy access to voting booths and assistance for PwDs with disabilities.

8. The Delhi High Court Directions:

• Case: National Association for the Blind v. Union of India (2014):
  • The Delhi High Court directed the Election Commission to ensure that the polling stations in Delhi are made accessible for blind voters and PwDs. The court also emphasized the need for providing accessible voting machines and ensuring that PwDs are not discriminated against in the electoral process.

9. The Disability Rights and Accessibility Guidelines from the Ministry of Social Justice and Empowerment (MSJE):

• The Ministry has issued guidelines for ensuring accessibility in public spaces, including polling booths and voting procedures, to guarantee that PwDs can participate fully in the electoral process. These guidelines cover:
  • Provision of Braille voting machines.
  • Making public places, including polling booths, physically accessible.
  • Awareness programs for PwDs to ensure they know their rights to vote.

10. The International Convention on the Rights of Persons with Disabilities (CRPD) – UN Convention (Ratified by India in 2007):

• Article 29: Ensures that PwDs have the right to participate in political and public life, including voting rights.
• India’s ratification of the CRPD has implications for ensuring that elections are inclusive and accessible, obligating the government to take appropriate measures to facilitate participation by PwDs.

11. The 2019 Electoral Reforms (Recommendation by Law Commission of India):

• The Law Commission recommended the introduction of measures to facilitate online voting for PwDs, ensuring that those who cannot reach polling stations due to disability or illness can still participate in the electoral process.

12. Section 4 of the Representation of the People Act (1951):

• This section provides that any person whose name is included in the electoral roll has the right to vote, which includes PwDs who are registered as voters.

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Legal Obligations:

• Ensuring Accessibility: The Election Commission must ensure that polling stations are accessible, and PwDs are provided with assistance where needed. This includes making polling stations physically accessible, providing assistive technologies (such as Braille and audio assistance), and making necessary accommodations for PwDs.

• Providing Equal Voting Opportunities: The legal obligation to ensure PwDs are given the same opportunities to vote as others, including through accessible voting methods (postal ballots, online voting, etc.), is enshrined in the Rights of Persons with Disabilities Act, 2016, and other relevant legislation.

• Data Protection: Personal data related to PwDs and other voters must be handled with confidentiality and in accordance with privacy laws, ensuring that voter identities are not disclosed inappropriately.

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