Vol. 15 · pages 641–645

624 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES Shri T. T. Krishnamachari: But that disqualification would not operate in this case. Dr. Ambedkar: I do not know. Our disqualification would arise if the period is 2 years or if the detention is an indefinite sort of thing. So I would not commit myself to the proposition suggested now. I feel that we are really breaking a very salutary principle that a man if he wants to exercise his legal rights of voting, he must be within the pale of the law and not outside it. Therefore, on that ground I am not prepared to accept the suggestion with regard to persons under preventive detention. As I said I am prepared to consider the question as to whether a candidate, his polling agents and other agents who are working for him and who are not registered as the voters in that particular constituency in which they are present, should be permitted to vote in that very constituency notwithstanding the fact that they are not registered there. But that is a matter which cannot come under this clause. Mr. Chairman: The present rule is then that they are allowed to vote wherever they happen to be ? Dr. Ambedkar: If necessary, that will be provided for separately. Shri T. T. Krishnamachari: Sir, I would like the House to be permitted to discuss this matter more fully, in regard to the persons under preventive detention. At the time the amendment was moved, we thought that as a matter of course, it would be accepted. Several Members hold that the persons detained under the Preventive Detention Act under the Constitution are detained for something for which they are not responsible and Government fight shy of taking these persons to a court and get them convicted. And so long as they are not convicted, they must be held to be innocent of all crimes.…….It is a matter of principle with many of us and in view of the importance of this question we want a separate vote taken so that we can voice our opinion on this matter. Mr. Chairman: There are two questions—not only the question whether these persons should be allowed to vote.

625PARLIAMENTARY DEBATES *Dr. Ambedkar: I think I could set matters right ?—at any rate put them in a proper perspective so that the House may come to its own conclusion. I first of all wish to dispose of the point with regard to sub-clause (d) of clause 59, relating to wives. I think in order to understand what exactly sub-clause (d) seeks to do, it is necessary to go back to section 20 of the Representation of People Act. Section 20 of that Act deals with the question of the meaning of the words “ordinarily resident”. What is the meaning of the words “ordinarily resident”? Now, the words “ordinarily resident” are quite clear with regard to persons who are residing in India-. But with regard to persons, for instance, who are in the armed forces of the Union and who under the Army Act and Regulations can be transferred from one place to another, they cannot be presumed to have any particular fixed place of residence. They are in one place for a few months, they are then transferred to some other place. They are there for a few months and again they are transferred. They are so to say a mobile force with no particular attachment to any particular area. In that case, the question arises as to what is to be their constituency. Similarly, there is another class of people who are employed in the service of the Government of India outside India. In regard to these persons the provision that is made in section20 of the Representation of People Act is this: that option would be given to them to make a statement as to which constituency they regard to be their constituency and whatever choice they make is accepted by the Registration Officer for the purpose of recording their names in the electoral roll. That is the position. Obiviously along with that the question of wives of such persons also arises, because they are also sometimes living with their husbands who are either in are armed forces of the country or in the services outside India. Just as the question arises with regard to the males who are employed, the question also arises with regard to their wives. The answer given in section 20 is that the constituency of their husbands * P. D., Vol. 12, Part II, 21st May 1951, pp. 9220-25.

626 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES shall also be deemed to be the constituency of the wives. Consequently it is necessary to make a provision for voting by postal ballot with regard to the wives also. Shri R. K. Chaudhuri: If the wife is here in India ? Dr. Ambedkar: If the wife is here, that will be the constituency, because she will be entered in the electoral roll independently of the provisions contained in section 20 of the Act. Suppose she is outside and her husband selects a particular constituency. If the husband has a right to vote by ballot, obviously the wife must be given the same right and I do not see any reason why my hon. friend Mr. Chaudhuri got so excited over such a simple proposition. Shri R. K. Chaudhari: Supposing the wife is employed ? Will the husband get the same privilege? Dr. Ambedkar: That is a contingency that may arise. Now, I am coming to the question of detenus. Personally, I do not mind saying that I have a great deal of sympathy with the proposition that no person in India who has got the right to vote should not be free to vote. But I would like the House to consider what actually we could do in order to ensure that the detenus will be able to vote. There are three possible ways of doing it. One is this that we have to set up a polling station in each jail so that all persons who are placed in that particular jail may have the right to vote and to constitute the Jailor either the Returning Officer or the Presiding Officer or the Polling Officer. That is one way of doing it. The second way is that we should allow the detenus to be taken to the general polling booth, undoubtedly accompanied by police and probably handcuffed and taken out of the jail walking two or three miles. And the third way would be by the postal ballot. Obviously it would be very difficult in my judgment to constitute a polling station in each jail, because there may be in some jail quite a large number of detenus, in some other jail there may be one or two, in some there may be none. The Minister of State for Parliamentary Affairs (Shri Satya Narayan Sinha): It will be possible.

627PARLIAMENTARY DEBATES Dr. Ambedkar: I think the Home Minister might be in a better position to enlighten the House as to how it could be done. Shri Satya Narayan Sinha: I have consulted the Home Minister. Dr. Ambedkar: With regard to the second method I do. not think that any detenus would like the alternative of being taken under police escort, handcuffed and paraded for a distance of two or three miles. Mr. Chairman: Why two or three miles ? It may be fifty miles or more because the constituency may be very far from the jail. Dr. Ambedkar: That is another difficulty. The only other method that is therefore left for consideration is the postal ballot. I want to point out what is likely to happen under the postal voting system. It is quite obvious that the ballot paper will have to be distributed a long time before the date of polling takes place. For that purpose the Election Commissioner will have to write a circular to the various Jail Superintendents to find out how many detenus there are under their custody and in accordance with the information so obtained he will, on the estimate made on that day—this is important—distribute the ballot papers. The circular must certainly go to the Jail Superintendents at least some time before, may be a month or three weeks before the actual polling takes place, and then accordingly the ballot papers may be sent to the Jail Superintendents to be distributed to the various detenus under their custody. The question that the House has to consider is this : what is to happen to the detenus who are brought into jail custody between the date on which this enquiry is made and the date on which the polling takes place ? Obviously there could be no ballot papers in respect of them because the ballot papers would have been sent to the jailor on the basis of the estimate that he has submitted on that particular day. It may be that after that date is over fifty more detenus are sent to the jail. They are there. Therefore, by adopting this system of postal ballot you are not giving effect to a general desire that every person under

628 DR. BABASAHEB AMBEDKAR : WRITINGS AND SPEECHES detention should get the right to vote. ( Interruption). Most of them will get, but some will not. If you are keen that every person who is under detention shall get an opportunity to vote... Shri J. R. Kapoor: So far as is physically possible. Dr. Ambedkar: ………that purpose is not going to be carried out. There are some people who are bound to be omitted. And it is perfectly possible, so far as I can imagine, that the number of people who may be sent under preventive detention after or just nearer the time when the polling takes place may be much larger than before. I do not want to anticipate anything, but my fear is that this sort of thing may happen. Therefore you are really not making a provision which is, shall I say, either fool-proof or knave-proof. ( Interruption). This matter really has ben raised without reference to the clause. This matter can arise only under clause 61 because there is a specific provision in sub-clause (5) of it. It cannot come under clause 59. Sub-clause (5) of clause 61 says that “No person shall vote at any election if he is confined in a prison, whether under a sentence of imprisonment or transportation or otherwise, or is in the lawful custody of the police, or is subjected to preventive detention...”. Therefore, if any amendment is to be made, it must be made to subclause (5) of clause 61. I think this matter is quite outside the scope of clause 59. Shri Sidhva: If we pass it, it will go under 61. Dr. Ambedkar : How can we pass it now ? I have told you what difficulty is likely to arise, If notwithstanding it you want it to be done, it is a different matter. It is not a matter of conscience with anybody. I do not know what arrangements Government can make. Shri Bharati (Madras): One difficulty is that some of them may be illiterates. An Hon. Member: They are too literate ! Dr. Ambedkar: I have only pointed out the administrative difficultives. If supposing for instance there is a very large