From Our Bureau
NEW DELHI: The Election Commission says there is no specific law on hate speech and rumour mongering and hence it uses provisions of the Indian Penal Code (IPC) and the Representation of People Act to curb disharmony in society, created by members of the political parties.
Its written statement to the Supreme Court came in response to a PIL by Delhi BJP advocate Ashwini Kumar Upadhyay for a direction to the Centre for legislative measures to address hate speech and rumour mongering.
It said the model code of conduct drawn up for guidance to the political parties and the candidates also draws up a list of Do’s and Don’ts after the announcement of elections and till the completion of the poll process.
“If brought to the notice that any candidate or his agent is indulging in any speech that promotes or attempts to promote feelings of enmity or hatred between the different sections of the citizens on grounds of religion, race, caste, community or language, the Election Commission takes strict note and issues notice to the concerned person, seeking his/her explanation,” the EC said.
Based upon the reply, the EC issues advisories cautioning defaulting candidates to prohibit them from campaigning for a specified period of time or even initiate a criminal complaint in case of the repeat offenders.
In this regard, it referred to the Supreme Court’s judgment on February 2, 2017 in Abhiram Singh vs C D Commachen that held that any appeal to vote or refrain from it for a candidate on the grounds of religion, caste, race, community or language by a candidate or his agent would amount to corrupt practice under the RP Act, 1951.
It said the Law Commission neither answered the Apex Court’s direction in Pravasi Bhalai Sangathan (2014) whether the EC should have powers to derecognise a political party, disqualifying it or its members if they commit an offence of hate speech nor did it recommend to Parliament to strengthen the EC to curb the menace of the hate speeches.
