By Dr. Gyan Pathak
Election Commission of India (ECI) must take note of India Hate Lab report’s terming 2024 a “critical year” for hate speech in India, on account of Lok Sabha Election 2024, and must rise to the occasion to rein in political players, especially the ruling BJP and its top leaders, since the past experience shows that reining in opposition leaders and parties have always been easier. Opposition parties have always been alleging that ECI takes sides with the ruling establishment while it takes prompt action against the opposition leaders.
By now it is a well-known fact that PM Narendra Modi and RSS-BJP clan are trying to establish a total political domination in the country. They are trying to win Lok Sabha Election 2024 with unprecedented majority, which they say “400 paar” (over 400). Many of the BJP leaders and their supporters have been increasing the communal pitch since they believe they could achieve their target by doing so. Their belief rests on the experience of the past three decades. BJP’s rise is also attributed to the hate speech of the RSS-BJP clan, and the incidence of winning constituencies are said to be directly proportional to the number of events of hate speech they deliver.
Therefore, India Hate Lab, the Washington DC-based research group run by a dedicated team of journalists, academicians and researchers, report should not be simply brushed aside. Rather it should serve us as reminder that communal divide in the last 10 years has unprecedentedly risen in the country triggering communal unrest and violence in large scale, across the country. India is undergoing tense socio-politico-religious environment under which free and fail election seems to be unattainable. Money and muscle power, and the hurdles officially and legally created for opposition, are additional concerns.
The report has documented 668 instances of hate speech events in 2023 in 18 states and 3 Union Territories of India, out of those 453 were occurred in BJP ruled states which is around 68 per cent of all events. Most instances occurred in Maharashtra (118), Uttar Pradesh (108), Haryana (48), Uttarakhand (41), Karnataka (40), Gujarat (31), Chhattisgarh (21) and Bihar (10). It should be noted that these states have altogether 256 Lok Sabha seats, out of which BJP had bagged 177 seats in the Lok Sabha election 2019.
ECI must try to find out the pattern of the number of hate speech events and their direct correlation to the election outcomes, so that it would help them to take effective action in reigning in such events during the Lok Sabha Election campaigns 2024. It should also be seen in a bigger perspective, since hate speeches have been common in others states too, such as Assam, Jammu & Kashmir, Madhya Pradesh, Manipur, Rajasthan, West Bengal, Chhattisgarh, Jharkhand, and also the National Capital Territory Delhi. To rise to the occasion, the ECI should strengthen its mechanism and put in place during the election campaigns. Moreover, ECI would need to show courage to take prompt action against anyone violating the Model Code of Conduct irrespective of the political parties in power or opposition.
However, it would not be a small task, as the report indicates that there are increasing evidences suggesting a link between hate speech events, a spike in communal tension and violence, and a phenomenon more sophisticatedly manifested through the widespread use of social media. There is an “alarming trend” suggesting a persistent and potential escalation of hate speech.
The report has warned that there appears to be international efforts to create religious polarisation in Maharashtra. In Uttar Pradesh, the report said that CM Yogi Adityanath has been instigating hate speech instances. Hindu right-wing groups have stoked tensions in Haryana. Uttarakhand witnessed several hate speech events, in which a Hindu religious preacher said that construction of mosques would not be allowed in the state, and it was said in presence of the Chief Minister Pushkar Singh Dhami.
Several organisations also organised hate speeches. As many as 216 events were organised by VHP, including its youth wing Bajrang Dal, 77 were attributed to Antarrashtriya Hindu Parishad and Rashtriya Bajrang Dal. A total 50 hate speech events are attributed to BJP itself, often in the context of election rallies. In BJP ruled states, 10.6 per cent of hate speeches were delivered by BJP leaders. In non-BJP ruled states, BJP leaders delivered 27.6 percent hate speeches.
These are but only few of the examples, involving the ruling BJP and their omission and commission in reigning in hate speech events. It is in this context, ECI will have tough time to rein them in during the election campaigns. More so because ECI has in the past said that there is no specific law directly addressing hate speech during election.
However, ECI relies on existing legal provisions to address the issue, which includes the provision under Indian Penal Code (IPC) and the Representation of Peoples Act (RP Act). What is needs is the prompt action under these two legislations which may help the ECI to ensure that leaders of political parties refrain from making such statements that could create disharmony among different sections of society.
Model Code of Conduct (MCC) must be strictly enforced. ECI can take strict action, including advisories, prohibition from political campaigning, or even initiate criminal complaints against repeat offenders. ECI must take advantage of some judicial precedents. The Supreme Court of India has emphasized that ECI should assume more responsibility in matters of hate speech during election campaigns. It should be noted that in Abhiram Singh case, the Supreme Court has ruled that any appeal to vote based on religion, caste, race, or community would amount to corrupt practice under RP Act. However, the question is, can ECI show courage to act against hate speeches and deploy stronger mechanism to rein in the menace? (IPA Service)
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