WHY COMMUNAL INCITEMENTS & ENEMITIES DURING POLL UNNOTICED BY THE ELECTION COMMISSION?

WHY COMMUNAL INCITEMENTS & ENEMITIES DURING POLL UNNOTICED BY THE ELECTION COMMISSION?

Now the election for Karnataka is already declared & consequently the model election code of conduct is also in place. 

The Political parties especially BJP, as usual, started pitting someone against someone purely based on religion, caste, community etc. & using its communal trump card by directly or indirectly creating animosity & disharmony in the society. 

Now, 2B abolition issue (along with other issues like Hijab, Love Jihad, Madrassa Ban, Halal etc.) has become a dividing tool for BJP to woo the voters based on religion, caste & community. Its ministers, candidates & other leaders have already uttered it in several public speeches. What it shows? Is it just a demonstration of political campaign as set out in the election code or rule of law ?..No, not at all.

It mainly targets the people of particular religion. All these expressions are aimed at arrowing towards the people of particular religion (Muslims). Here religion & caste are used massively to get political gain, which is sheer violation of the provisions of Representation of People's Act (RPA) 1951 & other laws.

Section 125 of the RPA sets out sentence of 3 years' jail term for those who incites hate & animosity amongst the different classes of people on the grounds of religion, caste, race, language, community etc. Wooing someone & hating others also falls under this Section 125. In this background, anyone-regardless of he/she is minister or other leaders-doing so will be booked under the RPA & other provisions of the law. 

The EC & it's designated authorities must curb & stop such communally igniting speeches or statements. The EC should also take strict legal & administrative actions including criminal actions against such persons. No leniency should be shown to anybody whether he/she is minister or political leaders. None is above the law. 

SC judgements & other case laws are there to act as a guding principles to all political parties. They must abide by it. The EC should ensure that the parties are strictly compliant with the guidelines & provisions of rules & laws. EC has to take suo moto actions against the hate-mongering parties & persons. If the EC shows zero tolerance towards such acts of the political parties, then only we can expect a free, fair & unbiased election.

✍️: Dr. & Adv.P.A.Hameed Padubidri

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