The Bihar migrant worker, a Scylla-Charybdis moment, pg 8.

Key Highlights:

• Section 19 & 20 of the RP Act require voters to be ‘ordinarily resident’ in a constituency, complicating registration for migrants.
• During SIR, ECI excluded voters marked as ‘permanently shifted/not found’ from draft rolls, affecting migrant workers.
• Around 15 crore Indians (11%) are migrant labourers, often moving alone for work and residing temporarily in other states.
• Migrants usually return to home states to vote but face documentation and legal hurdles if attempting to vote from their work location.
• Section 20A allows NRIs to vote in their passport-based constituency, but no similar provision exists for internal migrants.
• Regional political parties oppose enrolling migrants in in-migration states, citing concerns over local political knowledge and permanence.
• Low voter turnout in urban areas and among NRIs further reflects the participation crisis.

Detailed Insights:

• The definition of ‘ordinarily resident’ under the RP Act and interpreted by courts (e.g., Gauhati HC, 1999) stresses habitual dwelling and intent to reside, which excludes transient migrant workers.
• The exclusion of such workers from voter rolls in their workplace states leads to de facto disenfranchisement, violating the spirit of universal adult franchise.
• Article 19(1)(e) grants freedom to reside and settle anywhere, reinforcing the constitutional right to vote from any location of residence.
• Migrants face bureaucratic barriers like lack of address proof, hesitation to change registration, and fear of exclusion from their home constituency.
• The ECI has piloted a Remote Electronic Voting Machine (RVM) to allow inter-state voting but faced technical and political resistance.
• The article proposes policy interventions such as statutory polling holidays, special transport services, and paid leave incentives to improve turnout.
• A long-term solution may involve Parliamentary amendments to the RP Act for remote voting mechanisms and clearer inclusion criteria for migrants.

Concepts Involved:

• Ordinarily Resident: As per RP Act Sections 19 & 20, a person must habitually reside with the intent to remain in a place; mere property ownership doesn't suffice.
• Special Intensive Revision (SIR): A periodic update of electoral rolls conducted by the ECI to verify and revise entries.
• Remote Electronic Voting Machine (RVM): A prototype developed to enable voting for migrant workers from remote locations without changing voter registration.
• Disenfranchisement: The denial or loss of the right to vote, either legally or through practical barriers.