The Election Commission of India on Wednesday told the Supreme Court that it does not have the power to ban a political party or its members because of hate speech, Live Law reported.
The poll panel in an affidavit pointed out that since there is no specific law to curb hate speech, it has often taken action under the Indian Penal Code and the Representation of People Act to ensure that members of political parties do not make comments that can create disharmony among sections of the society.
The commission made the statements in response to a plea by lawyer Ashwini Upadhyay, asking the Centre to implement recommendations of the Law Commission Report 267 on hate speech.
“The injury to the citizens is extremely large because ‘hate speech and rumour-mongering’ has the potential of provoking individuals or society to commit acts of terrorism, genocides, ethnic cleansing, etc,” Upadhyay’s petition said, The Hindu reported.
While the Law Commission report does not give the Election Commission the power to derecognise parties and disqualify candidates, it has recommended amendments in the criminal law to “penalise the offence of incitement to hatred and causing fear, alarm or provocation of violence in certain cases”.
The Election Commission highlighted the suggestion as it said that hate speech was “often interconnected with appeals…
