Storm Of Protest on PM’s Speech, ECI Yet To Respond

The Election Commission Of India (ECI) has reportedly begun “examining complaints” about a hate speech made by Prime Minister Narendra Modi in Rajasthan. According to a Press Trust of India (PTI) news report citing sources “the Election Commission has started examining complaints against the speech made by the prime minister.”

At Rajasthan’s Banswara on Sunday April 21, PM Modi had said, “This 'urban Naxal' mindset, mothers and sisters, will not even leave your 'mangalsutra'. They can go to that level... Congress manifesto says they will calculate the gold with mothers and sisters, get information about it, and then distribute that property. They will distribute it to whom… Manmohan Singh's government had said Muslims have first right on assets…”

The Prime Minister repeated this claim on Tuesday April 23, as reported by ‘News.ABPlive’ even though complaints had already been made to the ECI about his "infiltrators" remark. On Tuesday Modi “reiterated that former Prime Minister Manmohan Singh wanted Muslims to have the first claim on the nation's resources”.

The PM claimed that he “was present at the meeting where he said this. This was not the only time he said this," the news report stated. He claimed that the “Congress would snatch the 'streedhan' and 'mangalsutra' of women and distribute them among others if it comes to power,” stated the news report.

Congress leader Priyanka Gandhi Vadra, hit back, saying “When the country was fighting a war, Indira ji donated her mangalsutra and jewellery. Lakhs of women sacrificed their mangalsutras for this country. When my sisters had to mortgage their mangalsutras during demonetisation, where was the Prime Minister?

When 600 farmers were martyred in the farmers' movement, did he think about the mangalsutras of their widows? My mother’s mangalsutra was sacrificed for this country.”

As the uproar over his words rose, the international media also began to report it as hate speech. ‘Al Jazeera’ head lined it thus: “Indian PM Narendra Modi accused of ‘anti-Muslim hate speech’; ‘Time’ magazine stated: “Indian Prime Minister Modi Accused of ‘Hate Speech’ Toward Muslims in Campaign Rally”; ‘Voice of America’ stated: “Modi accused of hate speech by opposition as India's phased elections roll on”; ‘NBC News’ said “Modi accused of hate speech for calling Muslims 'infiltrators …”; and LA Times headlines said “ India's Modi accused of using hate speech against Muslims”.

Meanwhile, signature campaigns, open letters, and social media posts continued to urge the ECI to take urgent action. Politicians, and civil society activists urged the ECI to take action against the hate speech that has hit new lows this election season.

Sitaram Yechury, Communist Party of India- Marxist leader was among the first to ask ECI to take action when he posted on X, demanding an FIR be lodged: “Urge the ECI to take cognizance of this latest complaint and immediately launch proceedings against Narendra Modi and the Bharatiya Janata Party. An FIR needs to be lodged for inciting communal passions and hatred. ECI’s failure to take suitable action will further undermine its credibility as an autonomous institution and lead to further vitiation of the environment for a free and fair poll.”

Brinda Karat, CPI-M Polit Bureau member along with Pushpinder Singh Grewal member Delhi State Secretariat of the party lodged a complaint to the SHO, Mandir Marg police station against the Prime Minister, “for promoting enmity between groups and making statements that are imputations and assertions that are prejudicial to national integration.”

However, “the Mandir Marg PS refused to accept the complaint and it has been sent to the Commissioner of Police, Delhi” said the CPI-M leaders who then released the text of the complaint letter.

They stated that the PM “intentionally and strategically used anti-muslim tropes in order to convey an impression to the Hindu community that their property was under threat, as the assets of the community, particularly the gold and mangalsutra of (Hindu) women, would be distributed to members of the Muslim community by the Congress party.

“This has the effect of targeting individuals based on their membership of a group and exposes the group to hatred. It is utterly illegal to appeal for votes using hate speech as the Prime Minister has done.”

They cited the entire script of Modi’s speech and said the “statements made by the PM are inflammatory and illegal and promote ill-feeling between communities”. They added that using stereotypes and tropes, “results in the vilification of the Muslim community and severely damages the national integrity and unity of this nation, which espoused values of secularism and equality for all its citizens. It causes great injury and harm to members of the Muslim community and constitutes an insult to their identity and religious beliefs as both Muslims and Indian citizens.”

The offences under Section 153A/153B are cognizable in nature stated the CPI-M and asked that an FIR be filed under the relevant provisions mentioned.

A similar demand was made by political activist Zia Nomani, program director of Law and Policy Research Institute, who has led the forum and filed written complaints against hate speeches made by various politicians. The institute filed a complaint against Narendra Modi for his speech on April 21. “We approached the JJR Nagar PS for Zero FIR. The ACP refused to accept our complaint and asked us to go to the Election Commission. We are informed that this is a separate complaint for grave violations of several IPC sections and not for MCC & RPA violations, for which we have already complained with the ECI and CEO Karnataka. We will be approaching the Commissioner of Police. We hope Bengaluru Police will take appropriate action on our complaint” Nomani told The Citizen.

The Constitutional Conduct Group (CCG), whose members are former civil servants, also wrote to Rajiv Kumar, Chief Election Commissioner, Gyanesh Kumar, and Dr. S.S. Sandhu, both Election Commissioners, endorsing a detailed letter written by academician Prof Jagdeep S. Chhokar on April 22.

The CCG called PM Modi's speech of April 21, “outrageously communal” and asked the ECI to “take suitable action” as suggested by Prof. Chhokar.

Prof Chhokar, the Former Dean of Indian Institute of Management (IIM), Ahmedabad had on April 22, written to the ECI to lodge a complaint for the “Violation of (a) the Model Code of Conduct, (b) Sections 123(3) and (3A), 125 of the Representation of the People Act, 1951, and Section 153A of the Indian Penal Code by Shri Narendra Modi, the Prime Minister, in a speech in Banswara, Rajasthan, on April 21, 2024.”

Prof Chhokar, listed the various violations under “Sections 123(3), 123(3A), and Section 125 of the Representation of the People Act (RPA), 1951.

Sections 123(3), 123(3A), and Section 125 of the RPA, 1951, state: “The appeal by a candidate or his agent or by any other person with the consent of a candidate or his election agent to vote or refrain from voting for any person on the ground of his religion, race, caste, community or language or the use of, or appeal to religious symbols or the use of, or appeal to, national symbols, such as the national flag or the national emblem, for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate:

“Provided that no symbol allotted under this Act to a candidate shall be deemed to be a religious symbol or a national symbol for the purposes of this clause.

“123(3A) The promotion of, or attempt to promote, feelings of enmity or hatred between different classes of the citizens of India on grounds of religion, race, caste, community, or language, by a candidate or his agent or any other person with the consent of a candidate or his election agent for the furtherance of the prospects of the election of that candidate or for prejudicially affecting the election of any candidate.

“125. Promoting enmity between classes in connection with election.—Any person who in connection with an election under this Act promotes or attempts to promote on grounds of religion, race, caste, community or language, feelings of enmity or hatred, between different classes of the citizens of India shall he punishable, with imprisonment for a term which may extend to three years, or with fine, or with both.”

He added that the PM’s words “also attract the provisions of Section 153A of the Indian Penal Code which reads as follows:

“153A. Promoting enmity between different groups on ground of religion, race, place of birth, residence, language, etc., and doing acts prejudicial to maintenance of harmony.—(1) Whoever—(a) by words, either spoken or written, or by signs or by visible representations or otherwise, promotes or attempts to promote, on grounds of religion, race, place of birth, residence, language, caste or community or any other ground whatsoever, disharmony or feelings of enmity, hatred or ill will between different religious, racial, language or regional groups or castes or communities…

“or (b) commits any act which is prejudicial to the maintenance of harmony between different religious, racial, language or regional groups or castes or communities, and which disturbs or is likely to disturb the public tranquillity.

He urged the Commission to take appropriate action on the violations as described above with information to the undersigned.

Meanwhile, the ECI was still to make an official statement, till the time of publishing this report. It, however, continued posting regular updates on the upcoming phases of voting, for what has become one of the most watched elections in the world. The second phase of voting is on Friday, April 26.