Let's not ignore people's miseries
Following the terrorist attack on army vehicle in Pulwama that left our soldiers dead, the internal atmosphere of the country has changed so much. No one is speaking about the failures or corruption of the Modi government any more. Having sensed this hunger for war, even Modi is saying the fire is raging high in his heart too. Everyone is basically raging on something or the other, but the homes of those who lost their beloved in this attack are mourning their loss.
This appetite for war has literally set aside the concerns and problems of people on a daily basis. No one is speaking about the failures of the last four and half years. Demonetisation fiasco, people queuing up before banks, innocent people who died in the queues, murders in the name of cow protection, inflation, unemployment, corruption, such raging issues are not points of discussion any more. Everywhere there is an atmosphere of war mongering. In the next three months the ruling party is all set to take the country into another election.
PM is all enthused after this incident. Common people affected by inflation and bad economic situation are being called anti nationals if they speak about the issues they are facing. Attacks have become on artists writers thinkers and rationalists who were vocal about their objection to Modi and Sangh Parivar. Modi bhakts have shouted slogans against actor Prakash Rao who visited the home of martyred soldier from Mandya to donate Rs 5 Lakh to his family. This incident has helped cover up the biggest defence scandal of Rafael agreement. Modi government has not stopped it's vengeful politics. All the ads that were being given to The Hindu paper from central government have been stopped owing to the fact that the paper published some crucial details regarding Rafael scandal.
the last four and a half years of administration by Modi government is completely detrimental to common people. Having described the Parliament as a temple of democracy in 2014, Modi continue to ignore it ever after. Budget was presented without any discussion this year. Democratic institutions have been compromised with at a large extent. One on one hand thousands of farmers were committing suicide over background and on the other thousands lakhs of loans of corporates were being waived off. None of these merit a discussion anymore. The CAG report on Rafale deal is out now. This was presented in the parliament on the last day of 16th Lok Sabha session. Obviously it was not taken up for discussion for lack of time. This report seems to be conducive to the ruling party and does not have answers for many questions that have been raised by various people.
The contract partnership given to Anil Ambani apart from various controversies surrounding the Rafale deal have made it look suspicious. Let nobody will ever discuss these details. The whole Nation has condemned the act of terrorism in Kashmir in solidarity. People's problems and concerns should not be set aside owing to this single act. this should not be used to cover up the failures and lacunae of the government administration. More tragedies will take place when the government itself talks about war and people will never be able to achieve peace in the society.
The mask Pakistan wears should be removed for the whole world to see. But we should not view all Pakistan is as enemies based upon the fact that only some people and political leadership have inflicted terrorism. we must hold Pakistan accountable and engage in peace talks as it happened during the term when Atal Bihari Vajpayee was the prime minister. This should be treated as the lone and sane option for India.
But the ruling dispensation does not seem interested in peace talks. Everybody is talking about instigating the general public and political atmosphere. a certain BJP leader Sadhvi Prachi has called upon prime Minister Modi to repeat the Godhra model of retaliation. In a way she has indicated that Godhra was stage managed by Modi. About 31% people have given the responsibility of taking the country on the path to progress to BJP. But the party is not managing its duties well. Utterances of supporting and starting a war are flying around aplenty. This does not befit the image of India.
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Civil society organisations in K'taka demand disqualification of PM for hate speech against Muslims
A group of civil society organisations on Tuesday met 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. Constitutional provisions and inciting hatred against the Muslim community to garner Hindu votes.
In a public meeting as a part of the BJP’s election campaign for the Lok Sabha Elections of 2024, in Banswara, Rajasthan, Mr. Modi delivered a speech ridden with false and divisive statements, inciting hatred against the Muslim community. In this event, the candidates from two Lok Sabha constituencies, Mahendrajeet Singh Malviya (Banswara Parliamentary 2 Constituency), Dr. Manna Lal Rawat (Udaipur Parliamentary Constituency), State BJP President CP Joshi along with Shri Narendra Modi and many BJP party leaders were present on stage.
He said that the Congress Manifesto speaks about surveying and then distributing the gold and silver of Hindus and Adivasis, to the Muslim community. He warns the Hindu audience, ‘Even your mangalsutras will not be safe.’ This false and inflammatory statement is aimed to polarize people on the basis of religion and seek the votes of Hindus while emotionally seeking to manipulate women through highlighting the stereotype of mangalsutra and husbands as their most important possession they need to protect. Another direct quote from his speech is:
“Pehle jab unki sarkar thi, unhone kaha tha ki desh ki sampatti par pehla adhikar Musalmano ka hai. Iska matlab, ye sampatti ikatthi karke kisko baatenge? Jinke zyada bacche hain, unko baatenge, ghuspaithiyon ko baatenge. Kya aapki mehnat ki kamayi ka paisa ghuspaithiyon ko diya jayega? Aapko manzoor hai yeh?”
(Earlier, when they (the Congress) were in power, they had said Muslims have the first right to the wealth of the nation. This means they will distribute this wealth to those who have more children, to infiltrators. Should your hard-earned money be given to infiltrators? Do you agree to this?)"
Eighteen years ago, after the Sachar report was published, indicating that Muslims were the most socio-economically vulnerable group of people in the country, Dr. Manmohan Singh had addressed the National Development Council in 2006. He had said, “I believe our collective priorities are clear: agriculture, irrigation and water resources, health, education, critical investment in rural infrastructure, and the essential public investment needs of general infrastructure, along with programmes for the upliftment of SC/STs, other backward classes, minorities and women and children. The component plans for Scheduled Castes and Scheduled Tribes will need to be revitalized. We will have to devise innovative plans to ensure that minorities, particularly the Muslim minority, are empowered to share equitably in the fruits of development. They must have the first claim on resources. The Centre has a myriad other responsibilities whose demands will have to be fitted within the over-all resource availability.”
“In a brazen attempt to distort that statement, 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.
“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.
Categorizing the violations in four parts, the letter added: Firstly, this attempt to incite hatred and exploit religious sentiments, by blatantly lying about another party’s manifesto is in violation of General Conduct (1), (2) and (3) of the Model Code of Conduct, which say:
(1): No party or candidate shall include in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic.
(2): Criticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and Candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties. Criticism of other parties or their workers based on unverified allegations or distortion shall be avoided.
(3): There shall be no appeal to caste or communal feelings for securing votes. Mosques, Churches, Temples or other places of worship shall not be used as forum for election propaganda.
Secondly, he has violated Section 123(3), Section 123(3A), Section 123(4) and Section 125 of the Representation of the People Act, 1951, which say:
Section 123(3): The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate:
Section 123(3A): The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.
Section 123(4): The publication by a candidate or his agent or by any other person 9[with the consent of a candidate or his election agent], of any statement of fact which is false, and which he either believes to be false or does not believe to be true, in relation to the personal character or conduct of any candidate or in relation to the candidature, or withdrawal,10[*] of any candidate, being a statement reasonably calculated to prejudice the prospects of that candidate’s election
Section 125: Promoting enmity between classes in connection with election.—Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall he punishable, with imprisonment for a term which may extend to three years, or with fine, or with both.
Thirdly, Advisory by ECI — On 1st March, 2024, the Election Commission of India issued an advisory to political parties on the “plummeting level of public discourse during campaigning”, urging parties to raise the level of election campaigning to “issue” based debates. The advisory also reiterates that the Moral code of Conduct has the force of law. Para 9 (i) and (ii) of the advisory state: 9(i) : No appeal shall be made on the basis of caste/ communal feelings of the electors. No activity, which may aggravate existing differences or create mutual hatred or cause tension between different castes/communities/religious/linguistic groups, shall be attempted.
9(ii): The political parties and leaders shall not make false statements, utterances without factual basis aimed at misleading the voters. Criticism of other parties or their workers on the basis of unverified allegations or on distortions shall be avoided.
Mr. Modi’s speech is clearly violative of both these clauses. Furthermore, Para 4 of the Advisory speaks about “star campaigners” as per Section 77 of the Representation of Peoples Act, 1951 wherein it lays down an “elevated duty to maintain highest standards of ethical conduct in the election campaign” Mr. Modi being a star campaigner for his party is duty bound to campaign responsibly and ensure that voters are not misguided. However, he has repeatedly resorted to using vicious communal rhetoric and disrupting harmony in the society. It is pertinent to note that being a public authority with a mass following and several million followers on social media as well, 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.
Fourthly, the statements made by Mr. Modi clearly fall within the ambit of Sections 153A of the Indian Penal Code that criminalises attacks upon the 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). In Amish Devgan vs Supreme Court of India, the court held that: The right to equality, as enshrined in Article 14 of the Constitution, emphasizes the inherent principle of equality before the law and prohibits discrimination based on caste, creed, religion, or identity. Furthermore, the promotion of harmony and common brotherhood amongst all citizens, as mandated by Article 51A, underscores the obligation of every individual to respect the dignity and rights of others, transcending religious, linguistic, and regional diversities. The concept of dignity, within the context of hate speech, pertains to a person's basic entitlement as a member of society and bearer of human rights, ensuring participatory equality and fostering self-worth. Hate speech, which targets a group or community, undermines dignity, erodes tolerance, and fosters disharmony among groups, thereby posing a threat to the unity and integrity of the nation.
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”. We demand that the ECI complies 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, we, the undersigned, demand that the Election Commission of India immediately:
1. Disqualification of 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.
2. Strict punitive action including but not limited to the disqualification of BJP candidates Mahendrajeet Singh Malviya and Dr. Manna Lal Rawat and issuing prohibitory orders against their campaign.
3. Immediately initiate criminal action against against Mr. Modi for violation of the IPC and Representation of People Act, 1951. 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, All India Democratic Women's Association (AIDWA).
