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MCC Violation: CJP seeks FIR against serial hate offender Kajal Hindustani

CJP formally approached the Chief Electoral Officer, Maharashtra, urging the registration of an FIR against Kajal Hindustani for her inflammatory anti-Muslim hate speech, Highlighting serious violations of the Model Code of Conduct ahead of the Maharashtra state assembly elections

As Maharashtra prepares for its state assembly elections poll on November 20, right-wing outfits and serial hate offenders are intensifying efforts to stoke communal tensions. Their tactics aim to manipulate voter sentiment and undermine the integrity of the electoral process. In light of Model Code of Conduct (MCC) violations due to hate speech, Citizens for Justice and Peace (CJP) has approached the Chief Electoral Officer, Maharashtra urging immediate action against the Sakal Hindu Samaj event and requesting the registration of an FIR against serial hate offender Kajal Hindustani.

On October 25, Citizens for Justice and Peace (CJP) formally approached Maharashtra’s Chief Electoral Officer, S. Chockalingam, urging swift action and the registration of an FIR against serial hate offender Kajal Shingala, also known as Kajal Hindustani. This complaint follows Hindustani’s inflammatory and anti-Muslim speech delivered at the Rananragini Sammelan at Lal Bahadur Shastri Marg in Thane West, Maharashtra on October 19, 2024, organized by the right-wing extremist group Sakal Hindu Samaj.

According to CJP’s complaint, serial hate offender Kajal Hindustani through her speech, propagated harmful conspiracy theories, including those surrounding “Love Jihad,” “Land Jihad,” and alleged religious conversions. She accused Muslim citizens of luring Hindu girls into conversion, further claiming that Muslims in India are on a mission to transform the nation into an Islamic state through the so-called Ghazwa-e-Hind. Shingala derogatorily referred to Muslim boys as “Jihadis,” suggesting they are brainwashed into committing fraudulent conversions. Her inflammatory rhetoric not only demonised Muslims by labelling them as “Jihadis” but also attacked their religious identity. Additionally, she targeted Christians, accusing them of illegal conversions and using the pejorative term “Father Wala.”

CJP mentioned in its complaint that Kajal Hindustani’s speech constitutes a blatant violation of the Model Code of Conduct (MCC), (come into force in Maharashtra on October 15, 2024) and raises significant concerns about its potential impact on communal harmony and the integrity of the electoral process. CJP further added that such statements contribute to a climate of fear and division during the state assembly elections in Maharashtra, undermining the principles of free and fair elections due to deliberately attacks and targeting on the religious minority to impact and mobilize the electorate in the election process.

While accusing Muslim and Christian citizens of forceful religious conversion, Kajal Hindustani employed derogatory slurs such as “Chadar Wala” and “Father Wala,” and deliberately propagated the false narratives of “Land Jihad” and “Love Jihad.” These conspiracy theories aim to create divisions and incite fear within communities. Hindustani also targeted Bollywood actors for their interfaith marriages.

The video of hate speech delivered by Kajal Hindustani on October 19, can be watched here:

CJP emphasised the divisive background of serial hate offender Kajal Hindustani in its complaint, noting that this is not her first instance of delivering communal and inflammatory rhetoric in Maharashtra. CJP has been monitoring her speeches throughout 2023-24. For example, on May 4, 2024, at an event in Mudkhed, Nanded, Hindustani propagated the same false narratives, labeling Muslims as “Jihadis” and promoting conspiracy theories surrounding Love Jihad and Land Jihad. She accused Muslim citizens of trapping Hindu girls to convert them to Islam. In response, CJP urged the Superintendent of Police in Nanded to register an FIR against Hindustani for her divisive and provocative speech. Similarly, in April 2023, Hindustani was arrested by Gujarat Police for delivering an anti-Muslim inflammatory speech. Her arrest on April 29 followed stigmatizing remarks made during a congregation organized by the Vishwa Hindu Parishad (VHP) in Una town during the Ram Navami celebrations on March 30, 2023.

In its complaint, CJP strongly asserts that the speech delivered by serial hate offender Kajal Hindustani constitutes a blatant violation of the Model Code of Conduct (MCC). This rhetoric not only undermines the integrity of the electoral process but also falls under the provisions of the Bharatiya Nyaya Sanhita, 2023. Furthermore, Hindustani’s statements are in direct violation of Section 123(2) and (3) of the Representation of the People Act, which prohibits the promotion of hatred or enmity on the grounds of religion, caste, or community in relation to elections. This section explicitly bars any candidate or their agents from appealing to religious or communal sentiments to garner votes. The term “Jihadi” using for Indian Muslims are not only divisive and derogatory but also an insidious attempt to exploit religious sentiments for electoral benefit.

Violation of the Model Code of Conduct (MCC)

In its complaint, CJP stated that the Model Code of Conduct (MCC) is now in effect following the announcement of the election schedule, and that the hate speech constitutes a violation of several key MCC guidelines. Specifically:

  1. Part I, General Conduct, Clause 1: This clause clearly stipulates that political parties and candidates must refrain from any activities that may exacerbate existing divisions or foster mutual hatred among communities. The use of terms like “Jihadi” and depicting Muslim citizens as adversaries aims to instill fear and mobilize support during the electoral process. Such divisive rhetoric directly contradicts the objectives of the Model Code of Conduct (MCC), which is designed to promote unity and ensure a fair electoral environment in the state assembly election process.
  2. Part I, General Conduct, Clause 3: As, 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, despite the ban, Kajal Hindustani uses the term for electoral mobilization, as the said speech invoke communal sentiments by promoting a narrative of division versus unity, which, given the political and social context of Maharashtra, could easily foster feelings of alienation and antagonism between different religious and cultural groups.

CJP’s prayer before the CEO, Maharashtra

In light of the grave concerns raised by Kajal Hindustani’s hate speech, CJP has requested the following actions from the Maharashtra State Election Commission in its complaint:

1. Call for proactive action

We pray for the Commission to implement suo-motu actions against hate-speech offenders and to actively monitor events in line with Hon’ble Supreme Court’s directions, ensuring that such incidents do not disrupt the electoral process.

2. Registration of FIR against serial offenders

We urged the immediate registration of an FIR against Kajal Hindustani, a known serial offender of hate speech. This action will serve as a deterrent and help prevent further occurrences of such harmful rhetoric.

3. Stringent enforcement of the Model Code of Conduct: We request that the Election Commission ensure the strict enforcement of the MCC, particularly with regard to preventing the use of communal appeals, inflammatory rhetoric, and any activity that may disturb public peace or target religious communities for political gain.

In light of the blatant MCC violations stemming from Kajal Hindustani’s hate speech, CJP firmly pleads in its complaint that “This foregoing highlights a clear violation of the Model Code of Conduct and the Representation of the People Act, as it underscores the need for political parties and candidates to avoid actions that may deepen existing divisions or foster animosity between communities. The use of terms like “Jihadi” and portraying Muslim citizens as enemies are attempts to incite fear and mobilize support in the electoral process, which the MCC aims to prevent. In light of these violations, we urge you to take cognizance of the enclosed video, register a case against the identified perpetrators as well as the organizers, and arrest them for cognizable offenses under the relevant sections. We also request confirmation on whether police officials videotaped the event as mandated by the Supreme Court. Furthermore, we ask to be kept informed of any developments and actions taken in this case, as this transparency will help rebuild faith in the rule of law and strengthen the police-citizen relationship.”

The entire complaint can be read here:

 

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