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India

General Right to Vote
Constitution
(1999)

  • Section 326 states, "The elections to the House of the People and to the Legislative Assembly of every State shall be on the basis of adult suffrage; that is to say, every person who is a citizen of India and who is not less than [eighteen years] of age on such date as may be fixed in that behalf by or under any law made by the appropriate Legislature and is not otherwise disqualified...shall be entitled to be registered as a voter at any such election.”

Specific Inclusion of People With Disabilities
Electoral Laws
Representation of the People Act, 1951
(Last amended 2002)

  • Section, subsection 2(c) allows the central government to make rules providing for, “the manner in which votes are to be given both generally and in the case of illiterate voters or voters under physical or other disability.”

The Presidential and Vice-Presidential Elections Act
(1952, last amended 1978)

  • Section 21, Subsection 2 allows the government to regulate, “...(g) the place and hours of polling, the manner in which votes are to be given both generally and in the case of illiterate voters or voters not conversant with the language in which ballot papers are printed or voters under physical or other disability and the procedure as to voting to be followed at elections.”

Poll Worker Manuals
Handbook for Presiding Officers (at Elections Where Electronic Voting Machines are Used)
(2009)

  • Chapter XV, Section 6.4 states, “You should give special care to electors with speck and hearing impairment as in the case of other disabled persons.”

Exclusion Based on Intellectual Disability
Electoral Law
Representation of the People Act, 1950
(Last amended 2008)

  • Section 16, subsection 1 states, "A person shall be disqualified for registration in an electoral roll if he...(b) is of unsound mind and stands so declared by a competent court..."
  • Section 102, subsection 1 states, "A person shall be disqualified for being chosen as, and for being, a member of either House of Parliament...(b) if he is of unsound mind and stands so declared by a competent court..."
  • Section 191, subsection 1 states, "A person shall be disqualified for being chosen as, and for being, a member of the Legislative Assembly or Legislative Council of a States...(b) if he is of unsound mind and stands so declared by a competent court.”

Voter Assistance
Electoral Law
Conduct of Elections Rules
(1961, last amended 2004)

  • Section 32, states, “The presiding officer shall regulate the number of electors, to be admitted at any one time inside the polling station and shall exclude therefrom all persons other than... (f) a person accompanying a blind or infirm elector who cannot move without help”
  • Section 49D, subsection f repeats verbatim Secion 32 above.
  • Section 40, subsection 1 regards the, “recording  of  votes of blind or infirm electors” who appear in person. It states,  “If  the presiding  officer  is  satisfied  that owing to  blindness  or  other physical  infirmity  an elector is unable to recognise the symbols  on the  ballot  paper or to make a mark thereon without  assistance,  the presiding  officer  shall  permit  the  elector to  take  with  him  a companion  of  not  less than eighteen years of age to  the  voting compartment  for recording the vote on the ballet paper on his  behalf and  in accordance with his wishes, and, if necessary, for folding the ballot  paper  so  as to conceal the vote and inserting  it  into  the ballot box: Provided  that no person shall be permitted to act as the companion of more than one elector at any polling station on the same day: Provided  further  that before any person is permitted to act  as  the companion  of an elector on any day under this rule, the person  shall be  required to declare that he will keep secret the vote recorded  by him  on behalf of the elector and that he has not already acted as the companion of any other elector at any polling station on that day.”
  • Section 49N, subsection 1 concerns, "recording of votes for blind or infirm electors" who appear in person to vote at a voting machine. It states,  "If the presiding officer is satisfied that owing to blindness or other physical infirmity an elector is unable to recognize the symbol on the balloting unit of the voting machine or unable to record his vote by pressing the appropriate button thereupon without assistance, the presiding officer shall permit the elector to take with him a companion...[repeats section 40]”.
  • Section 49P, subsection 4 concerns voters who claim to be a particular elector after another has already voted in that name. It states, "If owing blindness or physical infirmities, such elector is unable to record his vote without assistance; the presiding officer shall permit him to take with him a companion, subject to the same conditions and after following the same procedure as laid down in Rule 49 for recording the vote in accordance with his wishes."

Poll Worker Manuals
Handbook for Returning Officers (at Elections Where Electronic Voting Machines are Used)
(2009)

  • Chapter II, Section 2.1, subsection (p) states that the list of polling stations should be drawn up, “As far as possible, to avoid inconvenience to the old and disabled persons, the polling stations should be set up in the ground floor of a building. Ramps should be provided to ease entry of physically challenged persons.”
  • Chapter X, Section 21.2 states, “If an elector is unable through illiteracy, blindness or other physical infirmity to record his vote on a postal ballot and sign the declaration, he shall take the ballot paper together with declaration and covers received by him to an officer competent to attest his signature under sub-rule 2 of rule 24 and request the officer to record his vote and sign his declaration on his behalf. Such officer shall thereupon mark the ballot paper in accordance with the wishes of the elector in his presence, sign the declaration on his behalf and complete the appropriate certificate contained in Form 13 A.”
  • Chapter XIII, Section 34.1 endorses adhering to the practices established in The Conduct of Elections Rules Section 49N.
  • Chapter XIII, Section 37.7 endorses adhering to the practices established in The Conduct of Elections Rules Section 40.

Handbook for Returning Officers (For Elections to the Council of States and State Legislative Councils)
(1992, reprinted 1996)

  • Chapter IX, Section 29.1 states, “As the system of proportional representation by means of the single transferable vote is adopted in these elections, and as the symbol system is not followed, not only blind and infirm electors, but also illiterate electors are permitted to take the help of a companion for the purpose of recording the vote on the ballot paper. If you are satisfied that owing to illiteracy, blindness or other physical infirmity, a voter is unable to read the names of candidates on the ballot paper or to record his vote without assistance, you should permit the voter to take with him a companion of not less than 18 years of age into the voting compartment for recording his vote on the ballot paper on his behalf. But at an election by Assembly members, no elector at the election can act as such companion of another elector. You should also ensure that no person is permitted to act as the companion of more than one elector at any polling station on the same day and that he makes a declaration to the effect that he will keep secret the vote recorded by him on behalf of the elector and that he has not already acted as the companion of any other elector at any polling station on that day. The declaration will be taken in the Form given in Annexure XXIV.”
  • Chapter IX, Section 29.2 states, “There should be no objection to a candidate or an election agent or a polling agent (if they are not electors for this election) acting as a companion of an illiterate, blind or infirm voter. But they cannot act as such companion for more than one elector. You or any polling officer should not accompany any illiterate, blind or infirm voter inside the voting compartment.”
  • Chapter IX, Section 30 states, “Thumb impression of an illiterate, blind or infirm voter should be obtained on the counterfoil of ballot paper. In case any blind or infirm voter is literate, he will be allowed to put his signature. If any infirm voter can put neither his signature nor his thumb impression, his companion shall put his signature or thumb impression on the counterfoil of ballot paper. A note may be made on the counterfoil regarding signature or thumb impression of the companion.

Handbook for Presiding Officers (at Elections Where Electronic Voting Machines are Used)
(2009)

  • Chapter XV, Section 6.2 states, “You should ensure that physically challenged electors are given priority for entering the polling station, without having to wait in the queue for other electors and all necessary assistance as may be required should be provided to them at the polling station. For this purpose, if necessary, arrangements should be made for such persons to form a separate queue.”
  • Chapter XV, Section 7 states, “You should admit to the polling station only the following persons... (g) a person accompanying a blind or inform voter who cannot move or vote without help.”
    • This is repeated in Chapter XXVII, Section 5.5.
  • Chapter XXII, Sections 1.1 – 1.3 endorses adhereing to The Conduct of Elections Rules sections 40 and 49N.

Off-Site Voting
Election Law
Conduct of Elections Rules
(1961, last amended 2004)

  • Part III Postal Ballot, general provisions
    • Section 18 enumerates the categories of persons entitlted to vote by postal ballot. Disabled persons are not specifically mentioned, and subsections (a)(iv) and (b)(ii) refer to voters under “preventative detention.”
    • Section 21 further discusses “electors under preventative detention,” but it who exactly falls under such detention is unclear.
  • Part III, Section 25,
  • If an elector is unable through illiteracy, blindness or other physical infirmity to record his vote on a postal ballot paper and sign the declaration he shall take the ballot paper, together with declaration and the covers received by him to an officer competent to attest his signature...and request the officer to record his vote and sign his declaration on his behalf.
  • Such officer shall thereupon mark the ballot paper in accordance with the wishes of the elector in his presence, sign the declaration on his behalf and complete the appropriate certificate contained in Form 13A.
  • Section 25 is reiterated verbatim in Part IIIA (Procedure for voting for the notified class of electors) Section 27G.

Poll Worker Manuals
Handbook for Returning Officers (at Elections Where Voting Machines are Used)
(2009)

  • Chapter III, Section 2.9 states, in relation to disabled electoral workers, “In the case of physically handicapped persons (including visually handicapped and deaf and dumb persons), it may be considered whether any handicapped person as aforesaid would find it difficult to go to the polling station/counting centre and perform election duties there. If it is considered that any such handicapped person would not be in a position to perform election duties, such person must be exempted. Such exemption should, however, be given in deserving cases, subject to the satisfaction of the District Election Officer/Returning Officer.”

 
 
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