– Mohammed Atherulla Shariff
Bengaluru, April 24: A group of civil society organisations on Tuesday met with the Chief Electoral Officer of Karnataka and submitted a joint letter demanding action against Prime Minister Narendra Modi for the violation of Code of Conduct, Representation of People’s Act. 1951 and Constitutional provisions, and for inciting hatred against the Muslim community to garner Hindu votes.
The joint letter said, “In a brazen attempt to distort that statement (of Dr. Manmohan Singh), Mr. Modi made provocative statements to misrepresent it, and use it to build a divisive and hateful narrative. Additionally, by referring to Muslims as ‘infiltrators’, he has clearly shown how the Bharatiya Janata Party views Muslims as outsiders and second-class citizens. By referring to them as ‘those who have more children’, he reinforced and promoted a stereotype which has been debunked by data multiple times. It is also evident that Narendra Modi is seeking to garner votes on the basis of religion and is effectively seeking the votes of the Hindu community by inciting hatred against the Muslim community.”
The letter further said, “Not only are these dangerous and discredited stereotypes, they are a clear indication of an attempt to benefit out of a divisive and hateful narrative. Mr. Modi has violated several laws and guidelines that are in place to protect electoral democracy and our constitutional values.
“This brazen act to incite hatred with provocative statements by a person who has served as Prime Minister for 10 years, must be met with serious and immediate action,” the joint statement added.
Citing the various sections of Model Code of Conduct, Representation of People Act, 1951 and also the Advisory issued by the Election Commission of India on 1st March 2024, the letter states that Mr. Modi’s statements have a significant effect on communal harmony. As such, due to his public position, Mr. Modi bears greater responsibility to refrain from hate-mongering.
Also, the statements made by Mr. Modi clearly fall within the ambit of Section 153A of the Indian Penal Code that criminalizes attacks upon religion, race, place of birth, residence, language, etc. By spreading rumors that seek to promote enmity between different religions, his speech also falls within the ambit of Section 505(2) of the IPC which states that Whoever makes, publishes or circulates any statement or report containing rumour or alarming news with intent to create or promote, or which is likely to create or promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, feelings of enmity, hatred or ill-will between different religious, racial, language or regional groups or castes or communities, shall be punished with imprisonment which may extend to three years, or with fine, or with both.
Finally, the right to freedom of expression guaranteed by the Indian Constitution is subject to restrictions under Art 19(2) in certain situations, specifically when there is a threat to public order or an incitement to violence. Mr. Modi’s speech clearly violates the conditions prescribed under Art 19(2).
It has been widely reported that thousands of concerned citizens and several civil society organisations have alerted the Election Commission of India already. Despite that, no action was taken, and the ECI “refused to comment”.
The joint letter asserts, “We demand that the ECI comply with the guidelines in place to protect the integrity of a free and fair election. The fact that no FIR has been filed against Mr. Modi, despite the SC direction for suo moto registration in hate speech matters, clearly shows the wrongful and undue exercise of influence by the current dispensation over all independent institutions and the subversion of justice.
“Mr. Modi’s inflammatory speeches have wide social impact and pose a great threat to the harmony in society. It is imperative that the Election Commission takes swift and appropriate action against him. Any failure to do so will raise serious doubts over the independence and credibility of the Commission. Needless to say, the General Elections -2024 would then neither remain free nor fair.”
That an individual holding the office of the Prime Minister is brazenly appealing to communal sentiments of the majoritarian population by dehumanizing another community is deeply concerning. It threatens to shake the very roots of our democracy and hence, the Election Commission must view this with utmost seriousness. Hence, the signatories to the joint statement demand that the Election Commission of India immediately:
- Disqualify Mr. Modi from contesting in the General Assembly elections 2024 and an immediate ban on his campaign as a punitive measure for violating the Model Code of Conduct and the Representation of People Act, 1951.
- Immediately initiate criminal action against Mr. Modi for violation of the IPC and Representation of People Act, 1951. And, Implement stringent measures to prevent the propagation of hate speech and communal rhetoric by political leaders.
The letter was submitted by 15 civil society organisations that included People’s Union for Civil Liberties (PUCL), Bahutva Karnataka, All India Lawyers’ Association for Justice (AILAJ), Campaign against Hate Speech (Hate Speech Beda), People’s Watch, National Federation for Indian Women (NFIW), National Alliance of People’s Movements (NAPM), New Trade Union Initiative (NTUI), Human Rights Forum (HRF), Law and Policy Research Institute, Save the Nation, Thamizhnadu Podhumedai, Bharat Jodo Abhiyan, Mumbai, Students for People’s Democracy, and All India Democratic Women’s Association (AIDWA).
