Prime Minister Narendra Modi and other leaders of the Bharatiya Janata Party (BJP) have been accused of demagoguery, and dog-whistling by invoking religious symbols and anti-Muslim rhetoric to secure votes. Opposition parties have accused the prime minister of violating the Model Code of Conduct and raised questions against the Election Commission of India (ECI) for failing to enforce its own rules.
Addressing a rally in Rajasthan’s Tonk-Sawai Madhopur constituency, Prime Minister Narendra Modi accused the Congress of appeasement and vote bank politics while repeating the misleading claim that ex-Prime Minister Manmohan Singh had said that Muslims alone have the first right on the country's resources. This rally was a follow-up to his April 21 rally in Rajasthan’s Banswara constituency where he called the Muslims “ghuspets” and “those with many children”.
Modi’s comments have invited scathing criticism from the Communist Party of India (Marxist-Lenon), Indian National Congress (INC), citizen groups and individuals. Several complaints have been filed urging the EC to take action. Congress leader Abhishek Manu Singhvi led a delegation which submitted a representation with 17 complaints against the BJP.
Congress President Mallikarjun Kharge said Modi’s comments amounted to “hate speech” and was “a well-thought-out ploy to divert attention” prompted by “panic” from disappointing results which allude that INDIA (an alliance of opposition parties) is “winning in the first phase results”. “Our manifesto is for every Indian. It talks about equality for all. It talks about justice for all,” Kharge added.
“Modi today called Muslims infiltrators and people with many children. Since 2002 till this day, the only Modi guarantee has been to abuse Muslims and get votes. If one is talking about the country’s wealth, one should know that under Modi’s rule, the first right to India’s wealth has been of his wealthy friends. 1% of Indians own 40% of the country’s wealth. Common Hindus are made to fear Muslims while their wealth is being used to enrich others,” AIMIM leader Asaduddin Owaisi posted on X hours after Modi’s April 21 comment.
In its complaint, the CPI (ML) sought “action against the rabid hate-mongering and brazen violation of the model code of conduct and provisions of the Representation of People Act” by Modi in his speech yesterday at Banswara.”
Public discourse going down; Politicians increasingly crossing Laxman Rekha
Prime Minister Narendra Modi is not alone in this rhetoric. On April 23, Uttar Pradesh Chief Minister Yogi Adityanath said Congress will introduce sharia law if it comes to power. Home Minister Amit Shah attacked TMC leader Mamata Banerjee while addressing a rally in West Bengal. The West Bengal Chief Minister cannot stop cross-border infiltration, only Modi can, Shah said. “You gave us 18 seats last time. Modiji gave Ram Mandir. Give us 35 seats this time, we will stop infiltration,” he added.
Meanwhile, the BJP has also hit back by accusing the Congress and other opposition parties of appeasement politics. The BJP filed a complaint against Banerjee for anti-Hindu speech at a Cooch Behar rally, even as the TMC filed several complaints against BJP leaders for poll code violations. Last week, Maharashtra Congress chief spokesperson Atul Londhe said BJP was using posters of Lord Ram in their poll campaigns to influence voters.
Hate speech is a crime and also a violation of the Election Commission’s Model Code of Conduct (MCC) - a guideline political parties and politicians must follow during election time; while exhorting votes on religious grounds is a “corrupt practice” under section 123, Representation of People Act, 1950 and can attract three years jail time.
Experts observed that public discourse has changed in the past few years. Almost all political parties and politicians alike have given the Model Code of Conduct (MCC) a complete “go-by” which is not a good development for a healthy democracy. They said, though politicians across the board have been known to toe the line, some more than others, have been known to cross the “laxman rekha”.
Speaking to BOOM, former law secretary PK Malhotra said, “Today, every political party thinks they can adopt any means to win the elections. Unfortunately, the Election Commission is not prompt enough in stopping such activities efficaciously.”
“No doubt, for any political party, winning elections is important but it must follow the rules of the game. Provisions of the Constitution, laws passed by the Parliament, MCC are applicable to all political parties and leaders alike and they should be followed in letter and spirit. Making statements on religious and ethnic grounds in election speeches also has the risk of prejudicing the mind of voters which should be avoided,” Malhotra said.
Senior advocate Huzefa Ahmedi said there are two aspects to the communal speeches made during election times. It is important to note that religion is being mixed with politics. This is considered a “corrupt practice” by law. Hate speech, the other aspect, is also a crime,” he added.
Seeking votes in name of religion a crime: SC
The Supreme Court in its 2017 Manohar Joshi verdict by a 4:3 majority ruled “No politician can seek vote in the name of caste, creed, or religion.” Elections are a secular exercise and seeking votes on religious grounds would be deemed a “corrupt practice,” the bench, then led by Chief Justice of India TS Thakur, said. Justices DY Chandrachud (as he then was) AK Goel and UU Lalit (both since retired) penned a dissenting opinion allowing for votes in the name of religion.
The top court’s seven-judge constitution bench had revisited its 1995 Manohar Joshi judgment where the court set aside elections where politicians were guilting for exhorting votes on religious grounds; but okayed the concept of Hindutva as a poll agenda after observing that Hindu was not a religion, but a way of life.
Despite the law, BJP and its leaders have been invoking Lord Ram to exhort votes from the public. In its manifesto, the BJP has even included Lord Ram and Hindutva as part of its new diplomatic lexicon. However, many feel Modi’s “ghuspet” (infiltrator) comment at the Rajasthan rally on Sunday targeting the Muslims, the country’s largest minority is a “brazen” escalation of its poll campaign.
The Election Commission has sent notices to several candidates for campaigning on religion. BJP leader Arun Govil got a notice after he was seen flaunting Lord Ram’s photo while attending meetings and campaigning for votes. The actor-turned-politician, best known for playing the role of Lord Ram, is the BJP’s Meerut (Uttar Pradesh) candidate. Earlier this month, Chief Electoral Officer of Nagaland issued notice to Congress candidate S Supongmeren Jamir for campaigning on religious lines.
EC silence on poll code violations deafening
While the BJP is under intense scrutiny by the opposition and civil society, the Election Commission has also faced heavy criticism for appearing partisan and failing to act against BJP leaders including the prime minister. News reports have quoted sources within the poll panel on Tuesday which said “Complaints against PM Modi under consideration”. On Monday, it had “declined comment” to queries posed by BOOM.
After filing complaints against the BJP for poll code violations, senior advocate and Congress leader Abhishek Manu Singhvi said it was a “trial of the EC” too and the poll panel “risks tarnishing its legacy and abandoning its Constitutional duty by setting a precedent of helpless inaction that will go down in infamy”.
When the Election Commission sent a notice to Shiv Sena (UBT) for using the words ‘Hindu’ and ‘Bhavani’ in its election song, its leader Uddhav Thackeray hit back saying they would not take any action whatsoever unless the poll panel acted on complaints made against Modi and other BJP leaders.
Interestingly, Shiv Sena’s (UBT) rhetoric banks on communal politics. In 1995, the Supreme Court even set aside elections after it found Bal Thackeray guilty of corrupt practices for seeking votes on religion.
Senior Advocate Huzefa Ahmedi pointed out that politicians across the board generally “tend to cross red lines”. “As far as hate speech is concerned, where some politicians are concerned, the communal overtones and other poll violations tend to go well beyond the red line,” he told BOOM. “This is a litmus test of sorts for the Election Commission,” Ahmadi said.
“In such times, the EC must act as an institution and not make off-the-cuff comments,” Ahmadi added on EC's decision to decline comment. “The EC must act in its adjudicatory role and follow rules of Natural Justice. I eagerly hope, that EC takes tangible action which is needed when one crosses the red line,” he said. “However, time is of the essence. If the EC blows the whistle initially itself, then the message will be loud and clear and the politicians will not repeat such instances in the future,” the senior advocate told BOOM.
Ex-CEC OP Rawat said the Election Commission gets lakhs of complaints. The EC must evaluate every complaint within three-four days. “Public memory is very short. So it may think, a day has gone by but the EC is silent and not doing anything. But within the EC, it is working as fast as it can,” Rawat said. “Nature of social media is such, that by then the news has already travelled the world several times,” he added.
In 2018, the cVigil app, which allows citizens to upload poll code violations - anonymously if needed, was released as a pilot in Bengaluru. Rawat said at first it would get baseless complaints. “The complaints we got were 99 per cent fake. But since then the results have been astounding. During the 2019 Lok Sabha Elections, the cVigil app got 1.42 lakh complaints of which 1.14 lakh complaints were correct. Action was also taken,” Rawat said. “So imagine, from 99.99 per cent baseless comments, it became over 90 per cent correct,” he told BOOM.
Senior advocate Colin Gonsalves said the Election Commission must read the Supreme Court’s judgment on hate speech where Justice KM Joseph’s bench ruled that authorities or law enforcement do not need to wait for a complaint to file an FIR against hate speech. “The mighty Election Commission of India is scared and the mighty EC wants an ordinary citizen to stick his neck out and complain,” Gonsalves said. “What a way to shirk one’s duty,” he added. The poll panel is catching the opposition for this and that, but not acting on hate speech, which is a crime,” the senior advocate said.
"This is hugely disappointing and gives rise to the loss of faith in the impartiality of the ECI. Has it become such a powerless institution or does it choose to not exercise its power,” he added. The EC can register an FIR without waiting for someone to complain. Even the Supreme Court’s Tehseen Poonawala mob-lyncing judgment required authorities to set up district-wise nodal officers and act against hate speech,” Gonsalves added.
“Unfortunately, hate speech is spreading because courts are not taking action whatsoever on blatant cases. Take the 2020 Delhi Riots for example. Anurag Thakur, a cabinet minister, said “Desh ke gaddaro ko…Goli maaro saalo ko (Shoot the traitors),” Gonsalves said. Four years on, the matter is still languishing in the courts. There has been no progress because no judge wants to touch a matter where they would have to rule in favour of filing an FIR against Anurag Thakur,” Gonsalves added.
“Unless the SC shows leadership on hate speech, not merely by delivering flowery judgment, but by taking up good cases of politicians and putting them behind bars. Only then, hate speech will be curbed. When the high court judges see the Supreme Court not taking action, how will they get courage?” he added.
What happens when a politician violates MCC guidelines?
If a politician is found flouting MCC guidelines, the EC can ban the candidate from campaigning for some time depending on the severity of the violation. Congress leader Randeep Surjewala recently faced a campaigning ban for 48 hours over his remark against Hema Malini.
However, if the candidate is a repeat offender, he may even face a complete ban on campaigning for the entire duration of the elections.
If a candidate is found to have indulged in corrupt practices, the EC can also file a complaint with law enforcement. A police investigation will ensure, and if the courts find the candidate guilty, they may also face criminal penal action.