No Power to De-Recognise Party if Members Make Hate Speeches: EC to Top Court

The EC said in absence of a specific law, it employs various provisions of the IPC and the RP Act.

The EC pointed out that while hate speech has not been defined under any law in India, but there are a few legislations that have a bearing on hate speech.

(Photo: Altered by The Quint) 

The Election Commission of India (ECI) on Tuesday, 13 September, told the Supreme Court that it does not have the legal power to withdraw the recognition of a political party or disqualify its members, if a party or its members indulge in hate speech.

In the counter-affidavit filed in response to a Public Interest Litigation (PIL), the ECI pointed out that the top court had in a previous case referred to the Law Commission of India the question whether the ECI should be conferred the power to derecognise a political party disqualifying it or its members, if a party or its members commit the offence of hate peech nor expressly made any recommendations to the Parliament to strengthen the ECI to curb the menace of hate speech.

However, the Law Commission suggested that certain amendments be made to the Indian Penal Code (IPC) and the Code of Criminal Procedure, according to LiveLaw.

'Employ Various Provisions to Deal With Hate Speech'

The EC has told the top court that in the absence of any specific law governing 'hate speech' and 'rumour mongering' during polls, the panel employs various provisions of the IPC and the RP Act, 1951, to ensure that members of the political parties or even other persons do not make statements to the effect of "creating disharmony between different sections of society."

The EC pointed out that while hate speech has not been defined under any law in India, but there are a few legislations that have a bearing on hate speech.

As a measure, the counter affidavit stated that the poll panel has made amendments to the Model Code of Conduct and if its brought to the notice of the ECI that "any candidate or his agent is indulging in any speech that promotes, or attempts to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community or language, the Election Commission of India takes strict note of the same and thereby issues a show cause notice to the concerned candidate or person calling upon him/her to submit his/her explanation."

Last month, the Centre told Parliament that the Election Commission has asked social media platforms to take down content relating to 130 cases of hate speech since the 2019 Lok Sabha elections.

(With inputs from LiveLaw.)