2024-03-22 14:19:04
New Delhi : ‘Enmity fiercely but there should be scope, whenever we become friends we should not feel embarrassed.’ Chief Election Commissioner of the Election Commission of India Rajiv Kumar had to quote this couplet of famous poet Bashir Badr in view of the increasing cases of hate speech and personal attacks during the election speeches of the leaders. The Commission has made it clear that it will not tolerate hate speech and personal attacks by politicians and star campaigners under any circumstances. Strict action will be taken against the leaders who do this. But the question is, how will the Election Commission stop cases of hate speech and personal attacks? Can it also take action like barring candidates who make such hate speeches and personal attacks from contesting elections? What can prevent such leaders and candidates from contesting elections in future? Or will take some other kind of action.
Currently there is no direct law
The Election Commission had told the Supreme Court on 14 September 2022 that at present there is no clear and direct law in the country related to hate speech. Supreme Court should pass orders to stop such cases. The Commission had also told the Supreme Court of the country that in reality, no candidate contesting elections can be stopped unless there is a clear law defining hate speech. In this matter, in the 267th report given by the Law Commission, it was also said that necessary amendments are needed regarding hate speech. However, now that new laws have been implemented in the country in place of IPC and CRPC, experts say that there should be a clear law in the matter of hate speech also. Experts say that these leaders take advantage of the lack of direct and clear law in the matter. Under the guise of this deficiency, many times some leaders cross all limits.
Election Commission strict to stop hate speech and personal attacks
The Election Commission says that before announcing the 2024 Lok Sabha elections, all the records of the last five years of breaking the model code of conduct by leaders, candidates and star campaigners have been seen. For this, advisories have been issued to the leaders. The Commission believes that the level of politics has now decreased compared to earlier. During the campaign, candidates, leaders and star campaigners are crossing the red line many times. But now this will not be allowed to happen anymore. Even though there is no clear law regarding hate speech. But for this, action can be taken against the accused under many other laws. The Commission has also issued an advisory to all political parties warning them that if any leader, candidate or star campaigner from their side makes hate speeches and personal attacks during the election campaign, they will not be spared.
More than 100 cases registered against MPs and MLAs for hate speech
Citing a report, the expert said that more than 100 cases have been registered against MPs and MLAs across the country regarding hate speech. It was released in October last year. After this it has increased further. During elections, many types of criminal cases are mentioned in the affidavits of many candidates contesting elections. But barring a few cases, any political party gives tickets to all types of candidates, whether they are hate speech givers or not. In such a situation, there is a need to stop them from contesting elections. Also, those who do not contest elections only give speeches. Strict legal action should be taken against them. There should also be a provision for punishment in this. The Commission had also asked the government to make a strict law in this matter. But this has not been implemented yet.
What is hate speech?
There is no separate legal explanation regarding hate speech yet. But legal experts term it as hate speech which mainly refers to spreading and inciting hatred against a group of persons on the basis of religion, social, race, ethnicity, gender and so on. In this, a group of people, irrespective of religion, have been described as giving aggressive speech which endangers peace and order in the society. However, according to Article 19 of the Constitution, there are eight types of restrictions on the right to freedom of expression. The Commission says that in cases like hate speech and personal attacks, action can be taken against violation of RP Act, Model Code of Conduct and under the law. However, Section 8 of the Representation of the People Act bars a person convicted of misusing freedom of speech from contesting elections. Other laws also prohibit such cases based on caste, religion, language and community.