PRAVASI BHALAI SANGATHAN Vs. UNION OF INDIA

JUDGEMENT

(1.) THE instant writ petition has been preferred, by an organisation dedicated to the welfare of inter -state migrants, in the nature of public interest seeking exercise of this court's extraordinary jurisdiction under Article 32 of the Constitution of India, 1950 (hereinafter referred to as the 'Constitution') to remedy the concerns that have arisen because of "hate speeches", through the following prayers:

(2.) SHRI Basava Prabhu S. Patil, learned senior counsel appearing on behalf of the petitioner, has submitted that the reliefs sought by the petitioner is in consonance with the scheme of our Constitution as the "hate speeches" delivered by elected representatives, political and religious leaders mainly based on religion, caste, region or ethnicity militate against the Constitutional idea of fraternity and violates Articles 14, 15, 19, 21 read with Article 38 of the Constitution and further is in derogation of the fundamental duties under Article 51 -A (a), (b), (c), (e), (f), (i), (j) of the Constitution and therefore warrant stringent pre -emptory action on the part of Central and State Governments. The existing law dealing with the subject matter is not sufficient to cope with the menace of "hate speeches". Hate/derogatory speech has not been defined under any penal law. Accolade is given to the author of such speeches and they also get political patronage. In such fact -situation, this Court cannot remain merely a silent spectator, rather has to play an important role and issue guidelines/directions in exercise of its powers under Article 142 of the Constitution which are necessary for the said purpose as the existing legal frame work is not sufficient to control the menace of "hate speeches". Therefore, this Court should grant aforesaid reliefs.

(3.) MS . Meenakshi Arora, learned senior counsel appearing on behalf of the Election Commission of India, has submitted that there are various provisions like Section 29A(5) & (7) of the R.P. Act empowering the Commission to examine the documents filed by a political party at the time of its registration and the application so filed must be accompanied by its constitution/rules which should contain a specific provision to the effect that the association/body would bear true faith and allegiance to the Constitution of India as by law established and to the principles of socialism, secularism and democracy and that they would uphold the sovereignty, integrity and unity of India. However, it has been suggested that Election Commission does not have the power to deregister/derecognise a political party under the R.P. Act once it has been registered. A registered political party is entitled to recognition as a State or national party only upon fulfilling the conditions laid down in paragraph 6A or 6B of the Election Symbols (Reservation and Allotment) Order, 1968 (hereinafter referred to as "Symbols Order"). The Election Commission in exercise of its powers under Paragraph 16A of Symbols Order, can take appropriate action against a political party on its failure to observe model code of conduct or in case the party fails to observe or follow the lawful directions and instructions of the Election Commission. The model code of conduct provides certain guidelines inter -alia that no party or candidate shall indulge in any activity which may aggravate existing differences or create mutual hatred or cause tension between two different castes and communities, religious or linguistic and no political party shall make an appeal on the basis of caste or communal feelings for securing votes. It further provides that no religious place shall be used as forum for election propaganda. However, the Election Commission only has power to control hate speeches during the subsistence of the code of conduct and not otherwise.