Some persons with disabilities are allotted election duty each time election is held in India, be it an election for the Lok-Sabha or a state legislative assembly. Each time these disabled persons have to face a lot of harassments to free themselves from election duty in spite of the existing provision exempting them from such duties.

The Election Commission of India excused disabled persons from election duty by virtue of its letter No. 458/4/98-PLN-IV, dated 30 October, 1998. The letter states, “ Preparations for the current elections are in full swing. The Field Officers would be finalising the list of personnel to be deployed for elections duty primarily as polling and counting staff. In this connection a suggestion has been received from the Chief Commissioner of Disabilities, Govt. of India to exempt disabled persons from being deployed for such election related duties.”

Election to the legislative assembly of West Bengal is close at hand. We are waiting for announcement of dates for the election by the Election Commission. Training of polling staff has already started. We note from a leading Bengali daily that many disabled teachers have been called for training. Some of them are visually or orthopaedically challenged. They are anxious for their security. We hope, they will be exempted from duty as “polling or counting staff”, as mentioned in the said letter. Let us also hope that the CEO of West Bengal will ensure that no other disabled person is deployed for election duty for officiating as polling officer or counting officer.

Although this exemption was granted in view of “The Persons with Disabilities (Equal Opportunities, Protection of Rights and Full Participation) Act, 1995”, an Act replaced by Rights of Persons with Disabilities Act, 2016, Section 102 (2) of the new Act states, “Notwithstanding the repeal of the said Act, anything done or any action taken under the said Act, shall be deemed to have been done or taken under the corresponding provisions of this Act.”

You may download a copy of the order for exemption from election duty for disabled persons here.