By Our Special Correspondent
The Election Commission of India has told the Supreme Court that it does not have the legal authority to de-recognize political parties or cancel the registration of candidates for 'hate speech'. Pointing out that hate speech is not defined under any existing law in India, the poll body said in its affidavit, "In the absence of any specific law regulating 'hate speech' and 'spreading rumors’ during elections."
The Election Commission of India uses various provisions of the IPC and RP Act, 1951 to ensure that members of political parties or other persons also do not make advertisements to the effect of creating disparity between different sections of the society.
The ECI filed the counter affidavit in response to a plea by BJP leader Ashwini Upadhyay seeking a direction to the Center to take steps to curb hate speech. ECI's affidavit pointed out that in the case of Pravasai Bhilai Sanganthan v. Union of India (2014), the Supreme Court addressed the question of whether the ECI should be empowered to re-recognize a political party or disqualify its members for hate speech To the Law Commission of India.
The SC also asked the Law Commission to define hate speech and make recommendations to Parliament to curb the menace, but the affidavit pointed out that the commission's 267th report did not answer the court's question.
ECI has made amendments to the Model Code of Conduct and when a candidate or agent becomes aware of hate speech; it takes a strict note and issues a show-cause notice. In its affidavit, the Election Commission has stated that it has prepared a list of do’s and don'ts to be followed by political parties and contesting candidates during elections.
"The Election Commission of India has directed that it be widely publicized in the official language of the state and brought to the awareness of all candidates and political parties," the affidavit read.
Comments