Moon Desk: The Prime Minister of India, Narendra Modi has been accused of violating the Representation of the People Act in his speech, which the Opposition has called communal. A complaint has been filed with the Election Commission and the courts to disqualify him. Under the law, an appeal by a candidate to the electorate to vote or refrain from voting on the ground of religion is a corrupt practice.
On this, the Supreme Court has passed two judgments which specifically exempt Hindutva. These came in the case of the Shiv Sena’sDr Ramesh YashwantPrabhoo versus PrabhakarKashinathKunte, on December 11, 1995, and another involving the man who would later become Maharashtra’s Chief Minister, Manohar Joshi.
The charge of violating the Representation of the People Act in the first case was based on three public speeches by Bal Thackeray in November and December 1987 in canvassing for Prabhoo. The Bombay High Court found Thackeray’s speeches “were all in very intemperate language and incendiary in nature which were appeals to the voters to vote for DrPrabhoo because of his religion, i.e., he being a Hindu, and the speeches also promoted or tended to promote enmity and hatred between different classes of the citizens of India on the ground of religion”.
Thackeray’s speeches included the words: “We are fighting this election for the protection of Hinduism. Therefore, we do not care for the votes of the Muslims. This country belongs to Hindus and will remain so.” In the Urdu Times, the report appeared with the headline “Shiv SenakoMusalmanonkevotonkizaruratnahinhai” (Shiv Sena did not need the votes of Muslims).
And: “Though this country belongs to Hindus, Ram and Krishna are insulted. (The Opposition) valued Muslim votes more than your votes; we do not want the Muslim votes. A snake like Shahabuddin is sitting in the Janata Party, a man like Nihal Ahmed is also in the Janata Party. So, the residents of Vile Parle should bury this party.”
The Supreme Court quoted other extracts: “But here one cannot do anything at anytime about the snake in the form of Khalistan and Muslims… The entire country has been ruined and therefore we took the stand of Hindutva and by taking the said stand we will step in the Legislative Assembly… There is a dire need of the voice of Hindutva and therefore please send the Shiv Sena to the Legislative Assembly.”
There were other, abusive things said which cannott be reproduced here, but they are unimportant.
The Supreme Court overturned the High Court judgment and said these speeches did not violate the Representation of the People Act. This was because considering Hindutva “as depicting hostility, enmity or intolerance towards other religious faiths or professing communalism, proceeds from an improper appreciation and perception of the true meaning”, because Hindutva “may broadly be described as a way of life and nothing more”. In essence, the court was saying, no matter what is said by a candidate, the court will protect it if it is said under the tent of Hindutva.
