No definition, can’t bar events for hate speech: Election Commission
3 min readExpress News Service
NEW DELHI: The Election Commission of India has instructed the Supreme Court that it doesn’t have the authorized energy to de-recognise political events or de-register candidates for ‘hate speech’. Pointing out that hate speech has not been outlined below any current regulation in India, the ballot physique stated in its affidavit, “In the absence of any specific law governing ‘hate speech’ and ‘rumour mongering’ during elections, the Election Commission of India employs various provisions of IPC and the RP Act, 1951 to ensure of those members of political parties or even other persons do not make statements to the effect of creating disharmony between different sections of society.”
The ECI’s counter-affidavit was in response to a plea by BJP chief Ashwini Upadhyay looking for instructions to the Centre to take measures to curb hate speech. ECI’s affidavit identified that within the case of Pravasai Bhilai Sanghatan Vs Union of India (2014), the Supreme Court referred the query of whether or not the ECI ought to be conferred the facility to re-recognise a political social gathering or disqualify its members for hate speech, to the Law Commission of India. The SC additionally requested the Law Commission to outline hate speech and make suggestions to Parliament to curb the menace however the Commission’s 267th Report didn’t reply the court docket’s query, the affidavit identified.
The ECI stated it has made amendments to the Model Code of Conduct and every time it learns a few candidate or an agent indulging in hate speech, it takes strict notice and points show-cause discover. In its affidavit, the ballot physique stated that it has ready an inventory of do’s and don’ts to be adopted by political events and contesting candidates throughout elections. “The Election Commission of India has further directed that this be given the widest possible publicity in the official language of the State and its contents brought to the knowledge of all candidates and political parties,” the affidavit learn.
NEW DELHI: The Election Commission of India has instructed the Supreme Court that it doesn’t have the authorized energy to de-recognise political events or de-register candidates for ‘hate speech’. Pointing out that hate speech has not been outlined below any current regulation in India, the ballot physique stated in its affidavit, “In the absence of any specific law governing ‘hate speech’ and ‘rumour mongering’ during elections, the Election Commission of India employs various provisions of IPC and the RP Act, 1951 to ensure of those members of political parties or even other persons do not make statements to the effect of creating disharmony between different sections of society.”
The ECI’s counter-affidavit was in response to a plea by BJP chief Ashwini Upadhyay looking for instructions to the Centre to take measures to curb hate speech. ECI’s affidavit identified that within the case of Pravasai Bhilai Sanghatan Vs Union of India (2014), the Supreme Court referred the query of whether or not the ECI ought to be conferred the facility to re-recognise a political social gathering or disqualify its members for hate speech, to the Law Commission of India. The SC additionally requested the Law Commission to outline hate speech and make suggestions to Parliament to curb the menace however the Commission’s 267th Report didn’t reply the court docket’s query, the affidavit identified.
The ECI stated it has made amendments to the Model Code of Conduct and every time it learns a few candidate or an agent indulging in hate speech, it takes strict notice and points show-cause discover. In its affidavit, the ballot physique stated that it has ready an inventory of do’s and don’ts to be adopted by political events and contesting candidates throughout elections. “The Election Commission of India has further directed that this be given the widest possible publicity in the official language of the State and its contents brought to the knowledge of all candidates and political parties,” the affidavit learn.
