He referred to Muslims as “descendants of the Mughals,” called for “Jai Shree Ram” to dominate India, and spread fear by suggesting a Muslim population threat to Hindus, with specific reference to West Bengal, as CJP pleads before the CEO Delhi.

CJP mentioned in its complaint that, “BJP leader Ravinder Singh Negi’s speech appears to be a clear attempt to communalize the election process by drawing sharp religious lines between Hindus and Muslims. By invoking his identity as a “Sanatani Hindu” and asserting a duty to protect Hindus, Negi positions the Hindu community as a victim in need of protection from an alleged Muslim threat. He frames this as a moral imperative, aimed at gaining votes on religious grounds rather than on merit or policy.”

CJP stated that BJP Councillor’s speech highlights divisive rhetoric, particularly in his mention of the “descendants of the Mughals” and their “faces downcast,” which seems to stigmatize Muslims by associating them with past Muslim rulers in India. This historical reference is meant to provoke fear and resentment towards Muslims, painting them as hostile or antagonistic to Hindu interests. The statement that “only ‘Jai Shri Ram’ will be spoken” further emphasizes Hindu supremacy, implying that Muslims and other non-Hindu groups should be marginalized.

Additionally, Negi brings up the issue of the Kashmiri Pandit exodus and the alleged persecution of Hindus in Bangladesh. While these are legitimate concerns, his framing of these issues in a way that directly associates them with Muslims (both in Kashmir and Bangladesh) exploits communal sentiments to garner support. By focusing on perceived threats to Hindu communities, he uses emotional appeals that stoke fear and division rather than offering solutions to social or economic issues.

The harmful impact of divisive rhetoric on Delhi’s social fabric and democratic values

CJP in its complaint before CEO, Delhi concerned that the divisive rhetoric presented in Ravinder Singh Negi’s speech poses a significant threat to Delhi’s social fabric and democratic values. By categorizing entire communities based on religious identity, Negi fosters division and resentment between Hindus and Muslims. His statements that Muslims are the “descendants of the Mughals” with “faces downcast” perpetuate harmful stereotypes and vilify a large segment of the population. This fuels communal animosity, creating an environment where religious identity becomes the basis for trust and belonging, rather than shared values of equality and mutual respect.

“Furthermore, the use of historical grievances, such as the exodus of Kashmiri Pandits and alleged violence in Bangladesh, stirs up fear and distrust without addressing the broader complexities of these issues. Instead of focusing on unity or national progress, Negi’s rhetoric plays on emotions, encouraging polarization and undermining the inclusive spirit that democratic societies thrive on” as per CJP complaint.

Impact on electoral environment

Additionally, CJP has highlighted serious concerns regarding the impact of divisive language on the electoral environment, particularly in reference to BJP Councillor Ravinder Negi’s statements. CJP stated that Negi’s rhetoric significantly impacts voting behavior, as it shifts the focus of electoral choices from substantive issues like governance, economic growth, healthcare, and infrastructure to communal anxieties. This shift, according to CJP, undermines reasoned debates and encourages a political discourse cantered on identity politics and exclusionary agendas. The divisive language employed fosters communal polarization, transforming elections into contests for dominance rather than forums for collective progress. Voters, CJP mentioned, are swayed by alarmist narratives rather than informed decision-making based on candidates’ policies and merits. CJP also pleaded that this kind of rhetoric diminishes the democratic integrity of the electoral process, as it exploits religious and cultural insecurities.

Furthermore, CJP emphasized that such communal narratives erode public trust in democratic institutions, as high-ranking leaders like Negi set a troubling precedent prioritizing polarization over unity. CJP noted that this rhetoric risks inciting social unrest, which could have lasting consequences for peace and stability in Delhi.

Violations of the Model Code of Conduct (MCC)

CJP also brought attention to Negi’s violations of the Model Code of Conduct (MCC), specifically stating that his statements breach guidelines aimed at ensuring free, fair, and peaceful elections. CJP pointed out that Part I of the MCC prohibits activities that aggravate existing communal tensions, which Negi’s comments clearly violate by using religious identity to promote political loyalty. His call for Hindus to vote for BJP based on religious grounds and his derogatory references to Muslims further exemplify this breach. Additionally, CJP emphasized violations under Part V of the MCC, where appeals to religious sentiments in election campaigns are prohibited, stating that Negi’s speech violates this by promoting Hindu identity and vilifying Muslims.

Legal violations under the Representation of People Act, 1951

CJP also referenced legal violations under the Representation of People Act, 1951, specifically Section 123(2), which prohibits undue influence on voters. CJP pleaded that Negi’s religious appeals aim to influence voters by framing voting for BJP as a moral duty, based on religious loyalty rather than policy considerations. CJP further noted that Negi’s appeal violates Section 123(3), which prohibits appeals on religious grounds, as well as Section 123(3A), which prohibits promoting feelings of enmity or hatred between communities for electoral gain. CJP argued that Negi’s divisive rhetoric, which creates hostility between Hindus and Muslims, seeks to exploit these divisions for political advantage, violating multiple sections of the Representation of People Act.

CJP’s complaint to CEO Delhi dated January 10, 2025 may be read here:

Related:

CJP files 3 MCC violation complaints with CEO Maharashtra against Suresh Chavhanke for hate speech

CJP files 5 hate speech complaints before CEO Maharashtra as violated MCC

CJP’s fight against Hate: FIR filed against Suresh Chavhanke for Hate Speech at Karad event

The post Communal Campaign: CJP approached CEO, Delhi against the MCC violation and hate speech by BJP Councillor appeared first on SabrangIndia.

Details of complaints:

• Jalgaon [November 15, 2024]

Speaker – Suresh Chavhanke

On November 15, 2024, CJP filed a complaint before the CEO Maharashtra regarding the gross violation of MCC in Jalgaon, Maharashtra, due to the hate-filled rhetoric of Suresh Chavhanke. Chavhanke’s speech at the Janata-NRC event blatantly violated the MCC and undermined the principles of free and fair elections as pleaded by the CJP in its complaint. The said speech was delivered by Suresh Chavhanke at the Janta-NRC event on November 8, 2024, in Jalgaon, Maharashtra.

CJP is dedicated to finding and bringing to light instances of Hate Speech, so that the bigots propagating these venomous ideas can be unmasked and brought to justice. To learn more about our campaign against hate speech, please become a member. To support our initiatives, please donate now!

In his address, Chavhanke explicitly targeted Muslim citizens by misrepresenting Islamic symbols, falsely claiming that the crescent and star, often associated with Islam, belonged not to Islam but to the Muslim League, and linking it to the creation of Pakistan. He further propagated misinformation by associating the true Islamic flag with extremist ideologies. Referring to Muslims as “infiltrators” and calling for their removal to “save Maharashtra,” he sought to fuel communal tensions. Additionally, he promoted the baseless “Vote Jihad” conspiracy, accusing Muslims of using elections to wage a religious war, inciting division and hostility.

CJP mentioned in its complaint that “This statement is highly provocative and anti-Muslim because it labels Muslims as “infiltrators” and associates them with a threat to India’s integrity. The call to “drive out the infiltrators” implies that Muslims are unwelcome outsiders, fostering fear and hatred. The comparison of the saffron flag to the Tricolor and the assertion that without saffron, the Tricolor will “turn green” insinuates that Muslims, symbolized by green, pose a threat to national unity. Furthermore, the term “vote Jihad” equates Muslim political participation to religious warfare, encouraging communal hostility and framing elections as a religious battle, thus deepening divisions.

The video can be accessed through this link: https: https://t.me/hindutvawatchin/802

Full Complaint can be read here:

2. Akola [November 13, 2024] & 3. Pathanpura (Mangrulpir) [November 11, 2024]

Speaker – Suresh Chavhanke

On November 21, 2024, CJP filed a complaint regarding the hate-filled speeches delivered by Suresh Chavhanke, editor-in-chief of Sudarshan News, in Akola and Pathanpura (Mangrulpir), Maharashtra. Chavhanke’s speeches, delivered on November 13, 2024, in Akola and November 11, 2024, in Pathanpura, contained clear examples of hate speech, particularly targeting the Muslim community. Throughout his speeches, Chavhanke used derogatory terms like “love jihad,” “intruders,” and “jihadists,” portraying Muslims as a threat to national security and fueling fear by labeling them as “infiltrators” from neighboring countries like Bangladesh, Pakistan, and Myanmar.

Furthermore, Chavhanke invoked historical figures such as “Aurangzeb” and “Tipu Sultan” to vilify Muslims, manipulating religious sentiments to create division. He also urged voters to support laws targeting Muslims, including “cow protection” and the baseless “love jihad” conspiracy. This inflammatory rhetoric was designed to incite hatred and polarize communities. CJP’s complaint highlighted that Chavhanke’s speeches violated the Model Code of Conduct (MCC) and sections 123(2), 123(3), and 123(3A) of the Representation of the People Act (RP Act), 1951, which prohibit hate speech and the incitement of religious division during election periods, as per CJP’s complaint.

CJP said in its complaint that, “By linking political choices to religious identity and inciting voters to act against Muslim communities, the speaker attempts to polarize the election along religious lines. The call to vote based on laws like “love jihad” or “cow protection” further encourages discrimination, suggesting that the Muslim community is responsible for crimes against Hindu women or society. This creates a hostile, divisive atmosphere, undermining the principles of free and fair elections.”

The video can be accessed through this link: https: https://t.me/hindutvawatchin/835 & https://t.me/hindutvawatchin/829

The Complaint can be read here:

• Delgur, Nanded [November 21, 2024]

Speaker – Harsha Thakur

On November 21, 2024, CJP filed a complaint regarding the anti-Muslim and communal hate speech delivered by right-wing leader Harsha Thakur at a public event in Delgur, Nanded, Maharashtra. Thakur, campaigning for independent Hindu nationalist candidate Dr. Virupaksha Maharaj, made inflammatory remarks that blatantly violated the Model Code of Conduct (MCC) and undermined free and fair elections. On October 29, 2024, Thakur’s speech contained divisive rhetoric, calling for Hindus to avoid supporting those who allegedly sided with other religious communities.

She warned that if Sharia law were implemented, valuable land would be transferred to the Waqf Board, inciting fear and communal tension. Thakur further urged voters to prioritize religious unity over caste-based voting. Her comments, intended to stoke division, violated MCC provisions by inciting religious hatred and manipulating religious sentiments for electoral gain. CJP emphasized that these statements contravened Sections 123(2), 123(3), and 123(3A) of the Representation of the People Act (RP Act), 1951.

According to CJP’s complaint in her speech, Thakur urged voters that, “Don’t vote for a candidate who gives employment to Muslims!” and further stated, “India will never work on Sharia law,” while also spreading unfounded fears about the Waqf Board. This rhetoric is not only inflammatory but also divisive, promoting religious intolerance and fear-mongering. By appealing to voters on religious lines and stoking fear about Muslims and their institutions, Thakur’s speech creates a dangerous environment of communal polarization.”

The video can be accessed through this link: https: https://t.me/hindutvawatchin/825

The Complaint can be read here:

• Kolhapur [November 15, 2024]

Speaker – BJP Rajya Sabha MP Dhananjay Mahadik

On November 15, 2024, CJP approached the CEO Maharashtra with a complaint against BJP Rajya Sabha MP Dhananjay Mahadik, following his controversial remarks at a rally in Kolhapur, Maharashtra. In a video that surfaced, Mahadik was seen instructing party workers to target women beneficiaries of the Ladki Bahini Yojana attending Congress rallies. He directed his supporters to photograph or film these women and report back to him. His statement, “I will teach those women a lesson,” was a clear attempt to intimidate and surveil women based on their political affiliations. These actions were seen as an explicit violation of the Model Code of Conduct (MCC) and the Representation of the People Act (RPA), 1951.

CJP argued that Mahadik’s directive not only threatened women’s rights to political participation but also used a government welfare scheme intended for empowerment as a tool for political control. The complaint called for immediate action under electoral laws to address this form of intimidation.

The video can be accessed through this link: https://x.com/HateDetectors/status/1856274208646672512

The Complaint can be read here:

Notably, CJP played a pivotal role in monitoring the assembly elections in Maharashtra and Jharkhand, vigilantly flagging complaints of hate speech and violations of the Model Code of Conduct (MCC). Their persistent efforts resulted in the registration of FIRs against Suresh Chavhanke and Kajal Hindustani in Maharashtra for delivering inflammatory speeches that breached MCC guidelines.

Related:

CJP files 3 MCC violation complaints with CEO Maharashtra against Suresh Chavhanke for hate speech

CJP’s fight against Hate: FIR filed against Suresh Chavhanke for Hate Speech at Karad event

Mtra Elections: On CJP’s complaint on an MCC violation FIR has been registered against Kajal Hindustani for hate speech

The post CJP files five complaints to Maharashtra State Election Commission, demands FIRs for MCC violation against hate offenders appeared first on SabrangIndia.

The Event and the Complaint

The Janata-NRC event, organized on October 22, 2024 by the right-wing outfit Sakal Hindu Samaj in Karad, was the venue for Chavhanke’s controversial address. The CJP complaint highlighted that Chavhanke’s speech, laden with Islamophobic and divisive content, not only violated ethical standards of political discourse but also breached the MCC, which governs the conduct of political leaders during the election period.

CJP is dedicated to finding and bringing to light instances of Hate Speech, so that the bigots propagating these venomous ideas can be unmasked and brought to justice. To learn more about our campaign against hate speech, please become a member. To support our initiatives, please donate now!

In the speech, Chavhanke allegedly claimed that Europe would soon cease to exist due to a Muslim takeover, making inflammatory statements about the growing Muslim population in India. He further propagated the debunked “love jihad” conspiracy theory and stated that India was at risk from “10 crore infiltrators,” referring to Muslims as a threat to Hindu culture and suggesting that they should be expelled from the country. These remarks, according to the CJP, were designed to create fear, manipulate public sentiment, and divide communities along religious lines.

CJP’s complaint, while condemning the hate speech, also referenced a recent FIR filed in Thane against another individual, Kajal Hindustani, for delivering a similar hate speech.

Key Allegations in the Speech

The complaint provides an in-depth analysis of Chavhanke’s speech, citing several excerpts that they argued violated the legal framework meant to ensure a fair and peaceful election process. The speech, according to the complaint, sought to create a sense of insecurity among Hindus by presenting Muslims as a demographic threat, manipulating fears about rising Muslim populations, and linking this to supposed threats like “Love Jihad” and “Land Jihad.”

One of the most controversial claims made by Chavhanke was the assertion that India faced a crisis of “infiltrators,” with an estimated 10 crore illegal Muslim immigrants in the country. He further suggested that the growing Muslim population would soon make Hindus a minority in several states by 2048. His remarks regarding Muslims being an “economic burden” on the nation and his demand for their expulsion were, according to the CJP, an incitement to religious hatred.

Chavhnake said in his speech that, “There are 10 crore intruders sitting in India. 1 crore in Maharashtra. 40 lakhs in Mumbai. 3.5 lakhs in your district. Infiltrators, those who came into the country without permission. Illegal citizens. Get this illegal citizen out now. Is it legal to say so or not? Is it morally right or not? Practical or not? Because all this money is a burden on this country from an economic point of view. It is also from a cultural point of view. From a social point of view, India is also burdened by this. Crime is also on very High Scale. And the biggest magic is that they are not a citizen of our country. So, can they stay here? But whoever says to take out those citizens is a patriot. I ask the Muslims of India like this, let’s start from Karad, how many Muslims in Karad, I appeal from here to Shahar Kazi, and the Shahar Maulana today, will you support us to evict the Indian infiltrators the city of Karad?” as per CJP’s complaint.

The video can be accessed through this link: https:
https://t.me/hindutvawatchin/669

Violation of Electoral Laws and the MCC

The MCC is a set of guidelines issued by the Election Commission of India to ensure that elections are conducted in a free, fair, and transparent manner. It prohibits candidates, political parties, and other participants from using communal language or promoting division among the public. Chavhanke’s speech, as per the CJP’s complaint, clearly violated several provisions of the MCC by inciting communal hatred and promoting a divisive narrative.

In addition, the complaint also pointed out that Chavhanke’s actions violated the Representation of People’s Act (RPA) of 1951, specifically Section 123(3A), which prohibits any attempts to create or promote enmity between different groups on the grounds of religion, race, caste, or language to influence electoral outcomes. The CJP’s complaint argued that Chavhanke’s speech was an attempt to manipulate voters by appealing to religious sentiments, thereby undermining the democratic process.

The CJP also raised concerns regarding the safety of the Muslim community in Maharashtra, pointing out that such hate speech contributes to a growing atmosphere of intolerance and hostility, which can lead to real-world violence. The complaint urged the Election Commission and law enforcement authorities to take swift action against Chavhanke and other individuals who engage in similar hate speech, particularly during the election period.

CJP’s complaint dated November 8, 2024 can be read here:

Related:

Mtra Elections: On CJP’s complaint on an MCC violation FIR has been registered against Kajal Hindustani for hate speech

CJP Highlights MCC Violation: urges Maharashtra Election Commission to act on Hate Speech

CJP files complaint before Maharashtra Police against serial hate offender Kajal Hindustani

The post Suresh Chavhanke booked under s 123(3A) of RPA for violating MCC following CJP’s complaint appeared first on SabrangIndia.

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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The post MCC Violation: CJP seeks FIR against serial hate offender Kajal Hindustani appeared first on SabrangIndia.

On May 22, the Election Commission of India (ECI) sent two directives, one each to BJP national president J.P. Nadda and Congress president Mallikarjun Kharge, asking them to be “dutiful towards special responsibility of Star Campaigners of the party and issue formal notes to them to maintain decorum in their utterances.” The latest directives were issued after it received responses of the parties following the MCC notices that were issued to BJP and Congress on April 25 on the complaints submitted by the rival parties against each other. In the direction issued to BJP, the Commission has asked the party to refrain from campaigning along “religious/ communal lines” or to make statements “which may which may divide the society”. Similarly, it directed Congress to avoid making “potentially divisive statements” regarding the socio-economic composition of Defence forces, and statements which give false impression “that the Constitution of India may be abolished or sold”. Notably, the directives did not name the speaker(s) of the impugned speech (es) as the ECI kept identifying the speaker(s) as “a star campaigner of your party”, “another Star Campaigner”, “yet another Star Campaigner”, “the same Star Campaigner”, and “many Star Campaigners”.

In a general observation common to both the directives, the Commission observed that “Elections are a process when a political parties, not only contest to win, but also avails the opportunity to present themselves in their ideal best for the voting community to experience, emulate and build hopes on. The second part constitutes the more precious heritage of Indian elections and our electoral democracy and this should not be allowed to be weakened by anyone, including your party”. The ECI also cautioned that the utterances of the concerned politicians “follow patterns and create narratives which can be damaging beyond the MCC period.”

Moreover, the ECI has found the responses given by the parties untenable and said that the violations continue unabated even after the formal notices were issued to the parties on April 25 this year. As a corrective measure it has asked the party presidents to ensure compliance with the Model Code of Conduct (MCC), the Representation of the People Act, 1951 (RPA), and ECI Advisory.

Directions to BJP

The Commission’s directive to BJP notes that the response sent by BJP on May 13 to the ECI with regard to the MCC violation notice maintains that the statements of its Star Campaigners relied on “facts” to expose the malintent of INC citing the statements made by INC campaigners about institutional survey, Sam Pitroda’s inheritance tax remark, and other video links. The direction cites at least 15 statements and remarks made by BJP’s campaigners attacking INC and opposition INDIA alliance covering the thematic issues of Ram Temple, Hindu religion, SC/ST quotas and reservation, Muslim appeasement, and the allegations made against INC, accusing the latter of supporting Pakistan and receiving funding from terror groups.

The directive highlighted several impugned statements of the Star Campaigners of the ruling party, for example, it cited various complaints made by the INC:

1. “Vide INC complaint dated 26.04.2024 it has been alleged that a star campaigner of your party made following statement: ‘Yeh aapki sampati ka baantne ka kaam kisko karenge, Bangladeshi ghuspaithion ko, Rohingyas ko, jo videshi aaye hai ghuspaithiyein, usko kar denge yeh log. Kya yeh Hindustan isko swikar kar paayega kya.’”
2. “INC filed a complaint dated 06.05.2024 against another Star Campaigner inter-alia alleging that: He with the malafide attempt to incite and provoke the general public against the INC labelled a particular religious community as ‘terrorists’ and falsely accused that the INC was promoting the interests of such religious communities to the exclusion of the general public; and fomenting social tensions within the society by creating a divide based on religion, caste and classes.”
3. “Another complaint dated 06.05.2024 was filed by INC alleging that your party’s star campaigner: “falsely claimed that the Congress would grant reservation to a particular religious community over the SC, ST and OBC communities by changing the Constitution”.
4. “Vide INC complaint dated 12.05.2024, it has been alleged that yet another Star Campaigner has allegedly delivered a statement: “with the intention of (i) invoking religious sentiments of general public; (ii) misleading the voters with their allegations that the Indian National Congress (INC) did not support the construction of the Ram Mandir and that the INC was deriving its funding from terrorist organizations.”
5. “The INC, vide complaint dated 15.05.2024 complained that a Star Campaigner made the following statement: ‘Aur isiliye jab chunav aa gaye hain Modi ji ka virod do hi log kar rahe hain, ek jo ram drohi hain aur dusra jo Pakistan ka samarthak hain.’”

The ECI observed that the party has made a generic assertion that its Star Campaigners never made statements not based on facts or targeting specific individuals, without denying the fact that such statements were made in their public campaign speeches. Summarising the position of BJP, the ECI directive notes that “your reply invokes a unilateral drawing of inferences and interpretations of alleged previous statements of opposite party’s Star Campaigners. However, such response ought not to raise or, aggravate anxiousness amongst citizens/electors on the basis of ascribable identity by use of suggestive expressions…” The Commission also observed that as a ruling party, it has an extra responsibility to conform with the provisions of the MCC. As the ECI found BJP’s response “not tenable”, it directed the BJP party president JP Nadda to direct all its star campaigners to refrain from making statements prohibited under MCC and which may divide the society on religious or communal lines. The Commission said that is expects both the parties to “fully align the campaign methods to the practical aspects of the composite and sensitive fabric of India.”

Directions to Congress

The directive issued to Congress says that the party’s defence of the statements made by its Star Campaigners relies on “3 broad axis”, namely, (i) denial of fact as alleged per se; (ii) arguing that the statements are not violative of MCC as they are mere rebuttal of previous accusations or in some cases de-contextualised and (iii) MCC provides a special footing to opposition party and therefore the statements have to be adjudged on a different footing. Notably, the Indian National Congress (INC) had responded to the ECI on May 6, following the notice issued to it on 25 April this year on BJP’s complaint.

In its latest direction to INC, the ECI observed that the party’s response to its April notice highlighted the “repeated” and “egregious violations” by the ruling BJP and defended its own statements as being taken out of context. Taking into consideration the role of opposition party, the directive reads, “the MCC already takes into account the unevenness of power and authority between Opposition and the Ruling Party…however does not allow unlimited extra space to the opposition, bordering on an immunity from MCC provisions.”

The Election Commission cited 5 speeches that were alleged to be violative of the MCC, these include speeches made by INC’s Star Campaigners accusing BJP of promoting “one nation, one language”, attacking the PM over the Agnipath Scheme, alleging that BJP has an intention to change the Constitution, and suggesting that BJP discriminates against Adivasi’s, Dalits, and poor.

Against the statement made by a Star Campaigner of INC that BJP might change the Constitution, the directive observed that the party president is aware that the Members of Parliament take oath to bear true faith and allegiance to the Constitution of India and therefore, “making statements that anyone can either abolish or sell or tear apart the Constitution of India etc. is alleged to be instilling fear in the mind of voters about an uncertain future and an attempt to spread anarchy in the country.” Furthermore, on the critique of the Agnipath Scheme, it said that the MCC has a specific prohibition against use of armed forces for campaigning purposes.

As the ECI did not find the party’s response tenable, it asked INC president to direct all its Star Campaigners to refrain from “giving statements which give false impression that the Constitution of India may be abolished or sold” as well as to desist “from indulging in any political propaganda involving activities of the Defence forces and not to make potentially divisive statements regarding socio-economic composition of Defence forces”.  It also asked the opposition party to strictly follow the MCC, RPA and ECI advisory, as well as to inform its Star Campaigners regarding the same.

Notably, in both the directives, ECI observed that the speeches are alleged to not only violate the provisions of MCC but also borderlines corrupt practice under section 123(4) of the Representation of the People Act, 1951, which prohibits candidates from making false statements affecting the candidature of other candidate(s) in the fray.

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