BJP's Derogatory Ads Against TMC: Calcutta HC's Rebuke is Wake-up Call for EC

It restrained the BJP from publishing any further advertisements that could be deemed slanderous towards the TMC.

The title of the BJP's advertisement says 'Sanatan Virodhi Trinamool.'

(Photo: Aroop Mishra/The Quint)

The Calcutta High Court has issued a stern rebuke to the Election Commission (EC) for its “gross failure” to act on complaints against the Bharatiya Janata Party (BJP) regarding defamatory advertisements targeting the Trinamool Congress (TMC). The court's condemnation centres on the BJP's alleged violations of the Model Code of Conduct (MCC) during the 2024 Lok Sabha election campaign.

In a democracy, the sanctity of electoral processes is the bedrock upon which the edifice of governance stands. The EC, by its statutory mandate, is the custodian of this sanctity, tasked with the colossal responsibility of conducting elections with impartiality and integrity. Yet, this recent censure from the Calcutta High Court has cast a long shadow over the EC's nonpartisanship, a development that is both alarming and disheartening.

The Opposition's accusations of the EC's partisanship are not unfounded. Instances where the EC has been perceived as a silent spectator, if not complicit, in the face of the ruling party's transgressions are too glaring to ignore. The Calcutta High Court's order, delivered by Justice Sabyasachi Bhattacharya, is a testament to this troubling trend.

The case emerged when the TMC lodged numerous complaints with the EC, accusing the BJP of circulating offensive advertisements that breached electoral guidelines. These advertisements, reportedly, portrayed the ruling party in a negative light, making unverified allegations and personal attacks. Despite these complaints, the EC's response was found wanting in both timeliness and effectiveness, prompting the TMC to seek judicial intervention.

Justice Sabyasachi Bhattacharyya of the Calcutta High Court, upon reviewing the matter, restrained the BJP from publishing any further advertisements that could be deemed derogatory or slanderous towards the TMC. The court’s decision underscores the sanctity of the MCC, which prohibits political parties and candidates from engaging in criticism based on unsubstantiated claims or distortions.

The MCC is explicit in its prohibition of content that exploits communal sentiments. Yet, the TMC’s allegations suggest that the BJP’s advertisements, which label the TMC as Sanatan virodhi (anti-traditional), not only breach this code but also engage in a dangerous game of religious polarisation. Such tactics are not just ethically questionable; they threaten the fabric of India’s pluralistic society and undermine the principles of secularism enshrined in the Constitution.

The title of the BJP's advertisement here says, "Sanatan Virodhi Trinamool."

(Photo: X)

Moreover, the scope of these advertisements is not confined to West Bengal. Similar content has surfaced in Maharashtra, drawing a hyperbolic parallel between electoral choices and national identity, insinuating that a vote for the opposition equates to transforming India into Pakistan. This not only vilifies a particular community but also sows seeds of division, contrary to the spirit of unity that elections should embody.

The title of the BJP's advertisement here says,"Your vote should be celebrated in India or Pakistan?"

(Photo: X)

Do these advertisements not flout the MCC? The EC must not only enforce the code but also act swiftly and decisively to maintain the integrity of the electoral process. It is imperative that the EC reaffirm its commitment to upholding the MCC, ensuring that elections remain a reflection of the people’s will, free from the taint of communal bias and misinformation.

When the Prime Minister used the term ghuspethiya to describe a segment of Indian citizens, the EC's silence was deafening. Similarly, when a BJP MP candidate from Hyderabad made a provocative gesture during a religious procession, the EC's lack of stern action was conspicuous. Allegations of censorship against the Opposition on Doordarshan add to the troubling pattern of partisanship.

These incidents are not isolated but form a narrative of repeated failures by the EC to uphold its duty. The Calcutta High Court's order underscores the urgent need for the EC to introspect and reaffirm its dedication to the democratic principles it is meant to safeguard.

The EC must take immediate and decisive steps to demonstrate its commitment to neutrality and due process. Failure to do so would not only undermine the EC's credibility but also jeopardize the democratic process it is designed to protect.

It must remember that its role is pivotal in ensuring the electoral battlefield remains a level playing field, where the will of the people is expressed without fear or favour, lest the beacon of democracy dims under the cloud of doubt and distrust.

(The author, a columnist and research scholar, teaches journalism at St. Xavier's College (autonomous), Kolkata. This is an opinion piece and the views expressed above are the author’s own. The Quint neither endorses nor is responsible for the same.)