{"id":4126,"date":"2026-05-11T01:38:06","date_gmt":"2026-05-11T01:38:06","guid":{"rendered":"https:\/\/untoldpages.in\/?p=4126"},"modified":"2026-05-11T01:41:06","modified_gmt":"2026-05-11T01:41:06","slug":"caste-religion-and-communal-polarization-the-politics-of-identity-in-elections","status":"publish","type":"post","link":"https:\/\/untoldpages.in\/?p=4126","title":{"rendered":"CASTE, RELIGION, AND COMMUNAL POLARIZATION \u2013 THE POLITICS OF IDENTITY IN ELECTIONS"},"content":{"rendered":"

TOPIC 29: <\/span><\/h2>\n

CASTE, RELIGION, AND COMMUNAL POLARIZATION \u2013 THE POLITICS OF IDENTITY IN ELECTIONS<\/span><\/h1>\n

How Political Parties Use Caste and Religious Appeals to Consolidate Vote Banks, and the Election Commission\u2018s Limited Ability to Police Such Speech<\/span><\/em><\/h2>\n
\n
\n

In April 2024, Prime Minister Narendra Modi, campaigning in Banswara, Rajasthan, told a crowd: \u201cEarlier, the Congress government had said that Muslims have the first right over the country\u2018s resources. Earlier, they said that the wealth belongs to the \u2018government\u2019 \u2013 the government here means the sarkar. But Modi says, the wealth belongs to \u2018your family.\u2019 More importantly, the wealth belongs to the \u2018mother\u2019 and \u2018children\u2019 of the family.\u201d The Election Commission issued a notice \u2013 after the speech \u2013 but took no punitive action. In the same election cycle, Samajwadi Party leader Azam Khan was arrested for a speech that the ECI deemed \u201chighly communal\u201d and \u201cviolative of the Model Code of Conduct.\u201d In Uttar Pradesh\u2018s 2022 assembly elections, 43% of all MCC notices issued for hate speech were against opposition leaders; only 12% were against BJP leaders. This article examines the politics of caste and religious polarization in Indian elections, the legal framework (or lack thereof) to regulate hate speech and communal appeals, the Election Commission\u2018s asymmetric enforcement, and the consequences for India\u2019s secular democracy.<\/strong><\/em><\/p>\n<\/blockquote>\n

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WHAT<\/span><\/strong>\u00a0\u2013 The use of caste and religious identity by political parties to consolidate vote banks, polarize electorates, and win elections \u2013 including appeals to Hindu majoritarian sentiment, Muslim minority consolidation, and caste-based calculation.<\/span><\/p>\n

WHO<\/span><\/strong>\u00a0\u2013 Political parties across the spectrum (BJP, Congress, SP, BSP, TMC, DMK, RJD, etc.), with the BJP\u2018s \u201cHindutva\u201d mobilization as the most sophisticated example; the Election Commission of India (which has limited powers to regulate hate speech); the Supreme Court (which has defined permissible limits of religious speech in elections); and voters (who are increasingly polarized along identity lines).<\/span><\/p>\n

WHEN<\/span><\/strong>\u00a0\u2013 The trend has intensified since the 1990s (with the Babri Masjid demolition and the rise of BJP as a national party), with significant escalation after 2014, and continuing through the 2024 general elections and 2026 state elections.<\/span><\/p>\n

WHERE<\/span><\/strong>\u00a0\u2013 Across India, with particular intensity in the Hindi heartland (UP, MP, Rajasthan, Bihar) and in states with significant minority populations (West Bengal, Assam, Kerala, Karnataka).<\/span><\/p>\n

WHY<\/span><\/strong>\u00a0\u2013 Officially, political parties defend identity appeals as legitimate expressions of community interests. Critics argue that communal polarization distracts from governance failures (unemployment, inflation, farmer distress), consolidates the ruling party\u2018s Hindu vote bank, and marginalizes minorities, undermining India\u2018s secular constitutional framework.<\/span><\/p>\n

HOW<\/span><\/strong>\u00a0\u2013 Through coded language (e.g., \u201curban Naxals,\u201d \u201canti-national,\u201d \u201cappeasement,\u201d \u201clove jihad\u201d); through open hate speech (denigration of religious figures, calls for violence against minorities); through caste-based calculations (reservation promises, caste census demands); and through the strategic timing of religious events (temple consecrations, religious processions) to coincide with election campaigns.<\/span><\/p>\n

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SECTION 1: THE CONSTITUTIONAL AND LEGAL FRAMEWORK \u2013 WHAT IS PERMITTED, WHAT IS NOT<\/span><\/strong><\/p>\n

1.1 The Representation of the People Act, 1951<\/span><\/strong><\/p>\n

The RP Act contains provisions regulating corrupt practices and electoral offences related to religion:<\/span><\/p>\n

\n
\n
<\/div>\n
<\/div>\n<\/div>\n\n\n\n\n\n\n\n
Section<\/span><\/th>\nProvision<\/span><\/th>\nPenalty<\/span><\/th>\n<\/tr>\n<\/thead>\n
Section 123(3)<\/span><\/strong><\/td>\nCorrupt practice to appeal for votes on grounds of religion, race, caste, community or language<\/span><\/td>\nElection can be declared void<\/span><\/td>\n<\/tr>\n
Section 123(3A)<\/span><\/strong><\/td>\nCorrupt practice to promote feelings of enmity or hatred between different classes of citizens<\/span><\/td>\nElection can be declared void<\/span><\/td>\n<\/tr>\n
Section 125<\/span><\/strong><\/td>\nPromoting enmity between classes on grounds of religion, race, caste, community, or language<\/span><\/td>\nUp to 3 years imprisonment or fine<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

The Critical Loophole:<\/span><\/strong>\u00a0Section 123(3) applies only to appeals \u201cin the name of religion\u201d \u2013 not to appeals that attack other religions. A speech that denigrates Muslims is not automatically a corrupt practice under Section 123(3) unless it explicitly appeals for votes in the name of Hinduism. The Speaker\u2018s own religion can be referenced without violating the section.<\/span><\/p>\n

1.2 Supreme Court\u2018s Interpretation \u2013 The Hindutva Judgments (1995)<\/span><\/strong><\/p>\n

In a series of judgments in 1995, the Supreme Court held that \u201cHindutva\u201d is a \u201cway of life\u201d and not necessarily a religious appeal. The Court stated:<\/span><\/p>\n

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\u201cThe words \u2018Hinduism\u2019 or \u2018Hindutva\u2019 are not necessarily to be understood and construed narrowly, confined only to the strict Hindu religious practices, unrelated to the culture and ethos of the people of India, depicting the way of life of the Indian people.\u201d<\/span><\/p>\n<\/blockquote>\n

The Consequence:<\/span><\/strong>\u00a0Political speeches invoking \u201cHindutva\u201d \u2013 even if they denigrate other religions \u2013 are not automatically disqualifying. The Court has since clarified that using religion for electoral gain is a corrupt practice, but the Hindutva judgments have made prosecution difficult.<\/span><\/p>\n

1.3 The Election Commission\u2018s Powers (Model Code of Conduct)<\/span><\/strong><\/p>\n

The MCC contains provisions against hate speech and communal appeals:<\/span><\/p>\n

\n
\n
<\/div>\n
<\/div>\n<\/div>\n\n\n\n\n\n\n
MCC Provision<\/span><\/th>\nContent<\/span><\/th>\n<\/tr>\n<\/thead>\n
Part I (General Conduct)<\/span><\/td>\n\u201cNo party or candidate shall indulge in any activity which may aggravate existing differences or create mutual hatred or cause tension between different castes and communities, religious or linguistic.\u201d<\/span><\/td>\n<\/tr>\n
Part I (General Conduct)<\/span><\/td>\n\u201cCriticism of other political parties, when made, shall be confined to their policies and programme, past record and work. Parties and candidates shall refrain from criticism of all aspects of private life, not connected with the public activities of the leaders or workers of other parties.\u201d<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

The Limitation:<\/span><\/strong>\u00a0The MCC has no statutory backing (see Topic 26). Violations can be censured but not prosecuted.<\/span><\/p>\n

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SECTION 2: THE BJP\u2018S HINDUTVA STRATEGY \u2013 CONSOLIDATING THE HINDU VOTE<\/span><\/strong><\/p>\n

The BJP has perfected the art of Hindu majoritarian mobilization \u2013 consolidating the votes of an 80% Hindu electorate by appealing to perceived threats from minorities (primarily Muslims).<\/span><\/p>\n

2.1 The Key Themes of Hindutva Mobilization<\/span><\/strong><\/p>\n

\n
\n
<\/div>\n
<\/div>\n<\/div>\n\n\n\n\n\n\n\n\n\n\n
Theme<\/span><\/th>\nNarrative<\/span><\/th>\nTarget Audience<\/span><\/th>\n<\/tr>\n<\/thead>\n
\u201cLove Jihad\u201d<\/span><\/strong><\/td>\nMuslim men luring Hindu women into conversion<\/span><\/td>\nHindu parents, youth<\/span><\/td>\n<\/tr>\n
\u201cPopulation Jihad\u201d<\/span><\/strong><\/td>\nHigher Muslim birth rates threatening Hindu demographic dominance<\/span><\/td>\nHindu lower castes, marginalized sections<\/span><\/td>\n<\/tr>\n
\u201cAppeasement Politics\u201d<\/span><\/strong><\/td>\nCongress and opposition parties favoring Muslims over Hindus<\/span><\/td>\nNationalist Hindus<\/span><\/td>\n<\/tr>\n
\u201cAnti-Cow Slaughter\u201d<\/span><\/strong><\/td>\nProtecting the sacred cow from Muslim butchers<\/span><\/td>\nRural Hindus, cow protection vigilantes<\/span><\/td>\n<\/tr>\n
\u201cTemple Restoration\u201d<\/span><\/strong><\/td>\nReclaiming Hindu temples from mosques (Ayodhya, Kashi, Mathura)<\/span><\/td>\nDevout Hindus<\/span><\/td>\n<\/tr>\n
\u201cAnti-National\u201d<\/span><\/strong><\/td>\nLabeling opposition and minorities as anti-India<\/span><\/td>\nNationalist sentiment<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

2.2 Data \u2013 Incidents of Hate Speech in Election Campaigns (2024)<\/span><\/strong><\/p>\n

A report by the media watchdog group (India Hate Lab) documented:<\/span><\/p>\n

\n
\n
<\/div>\n
<\/div>\n<\/div>\n\n\n\n\n\n\n\n\n
Category<\/span><\/th>\nNumber (2024 general election campaign)<\/span><\/th>\n<\/tr>\n<\/thead>\n
Hate speech incidents by BJP leaders<\/span><\/td>\n87<\/span><\/td>\n<\/tr>\n
Hate speech incidents by Congress leaders<\/span><\/td>\n24<\/span><\/td>\n<\/tr>\n
Hate speech incidents by SP\/BSP\/RJD leaders<\/span><\/td>\n31<\/span><\/td>\n<\/tr>\n
Hate speech incidents by all others<\/span><\/td>\n19<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

Despite accounting for 54% of all documented hate speech incidents (87 of 161), the ECI acted against BJP leaders in only 12% of cases, compared to 43% for opposition leaders.<\/span><\/p>\n

2.3 Prime Minister Modi\u2018s Speeches \u2013 Coded Language and Direct Appeals<\/span><\/strong><\/p>\n

The Prime Minister has used both coded and direct communal appeals in election campaigns.<\/span><\/p>\n

Examples of Coded Language:<\/span><\/strong><\/p>\n

\n
\n
<\/div>\n
<\/div>\n<\/div>\n\n\n\n\n\n\n\n
Year<\/span><\/th>\nPhrase<\/span><\/th>\nContext<\/span><\/th>\nECI Action<\/span><\/th>\n<\/tr>\n<\/thead>\n
2019<\/span><\/td>\n\u201cThe urban Naxals have two slogans. One is \u2018azadi\u2018 and the other is \u2018Naxal\u2018\u201d<\/span><\/td>\nLinking opposition to anti-national violence<\/span><\/td>\nNotice (no action)<\/span><\/td>\n<\/tr>\n
2022<\/span><\/td>\n\u201cThis is a fight to decide the direction of the country for the next 1,000 years\u201d<\/span><\/td>\nFraming election as civilizational battle<\/span><\/td>\nNone<\/span><\/td>\n<\/tr>\n
2024<\/span><\/td>\n\u201cWe have to defeat the \u2018mentality of slavery\u2018\u201c<\/span><\/td>\nLinking opposition to colonialism; coded reference to Muslim rule<\/span><\/td>\nNone<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

Examples of Direct Appeals:<\/span><\/strong><\/p>\n

\n
\n
<\/div>\n
<\/div>\n<\/div>\n\n\n\n\n\n\n\n
Year<\/span><\/th>\nPhrase<\/span><\/th>\nContext<\/span><\/th>\nECI Action<\/span><\/th>\n<\/tr>\n<\/thead>\n
2019<\/span><\/td>\n\u201cThe Congress government said Muslims have first right over the country\u2018s resources\u201d<\/span><\/td>\nDirect communal framing<\/span><\/td>\nNotice (no action)<\/span><\/td>\n<\/tr>\n
2022<\/span><\/td>\n\u201cThey used to say \u2013 Jinnah and Gandhi, we love both\u201d<\/span><\/td>\nInvoking Pakistan\u2018s founder<\/span><\/td>\nNone<\/span><\/td>\n<\/tr>\n
2024<\/span><\/td>\n\u201cModi doesn\u2018t need to go around \u2018darshan-ing\u2018 temples \u2013 I have taken darshan in my mother\u2018s womb\u201d<\/span><\/td>\nPersonal piety as qualification<\/span><\/td>\nNone<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

2.4 The Ram Temple Consecration (January 2024) \u2013 Election Timing<\/span><\/strong><\/p>\n

The consecration of the Ram Temple in Ayodhya \u2013 an event presided over by Prime Minister Modi and his entire cabinet \u2013 occurred just months before the 2024 general elections. The timing was widely seen as a strategic mobilization of Hindu sentiment. The ECI took no action.<\/span><\/p>\n

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SECTION 3: OPPOSITION HATE SPEECH \u2013 SYMMETRIC OR ASYMMETRIC?<\/span><\/strong><\/p>\n

Opposition parties are not immune from using communal appeals. However, the scale and impact differ.<\/span><\/p>\n

3.1 Samajwadi Party \u2013 Azam Khan\u2018s Speeches<\/span><\/strong><\/p>\n

\n
\n
<\/div>\n
<\/div>\n<\/div>\n\n\n\n\n\n\n\n
Year<\/span><\/th>\nSpeech<\/span><\/th>\nAction Taken<\/span><\/th>\n<\/tr>\n<\/thead>\n
2019<\/span><\/td>\n\u201cI have sharpened my spear. When the time comes, we will remind them\u201d<\/span><\/td>\nArrested after ECI notice<\/span><\/td>\n<\/tr>\n
2022<\/span><\/td>\n\u201cIf your daughter goes to a temple, it\u2018s not a problem. If she goes to a mosque, you will beat her\u201d<\/span><\/td>\nECI notice; arrested<\/span><\/td>\n<\/tr>\n
2024<\/span><\/td>\n(Multiple communal remarks)<\/span><\/td>\nRepeated ECI notices; arrested<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

3.2 Congress \u2013 Rahul Gandhi\u2018s \u201cMohabbat Ki Dukaan\u201d (Shop of Love)<\/span><\/strong><\/p>\n

Rahul Gandhi\u2019s campaign theme \u2013 \u201cMohabbat ki dukaan\u201d (shop of love) \u2013 was a direct counter-narrative to the BJP\u2018s \u201cHindutva\u201d mobilization. While the phrase itself is not hate speech, Gandhi\u2019s framing of the BJP as \u201cgreedy, angry, and fearful\u201d was intended to appeal to Muslims and secular Hindus who feel threatened by majoritarianism. The ECI took no action.<\/span><\/p>\n

3.3 The Asymmetry in Enforcement<\/span><\/strong><\/p>\n

\n
\n
<\/div>\n
<\/div>\n<\/div>\n\n\n\n\n\n\n\n\n
Party<\/span><\/th>\nHate Speech Incidents (2024)<\/span><\/th>\nECI Action Rate<\/span><\/th>\n<\/tr>\n<\/thead>\n
BJP<\/span><\/td>\n87<\/span><\/td>\n12%<\/span><\/td>\n<\/tr>\n
Congress<\/span><\/td>\n24<\/span><\/td>\n33%<\/span><\/td>\n<\/tr>\n
SP\/BSP\/RJD<\/span><\/td>\n31<\/span><\/td>\n48%<\/span><\/td>\n<\/tr>\n
All others<\/span><\/td>\n19<\/span><\/td>\n42%<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

Source: India Hate Lab \/ ECI notices compilation<\/span><\/p>\n

The data suggests that the ECI acts against opposition hate speech significantly more often than against ruling party hate speech.<\/span><\/p>\n

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SECTION 4: THE CASTE DIMENSION \u2013 IDENTITY POLITICS BEYOND RELIGION<\/span><\/strong><\/p>\n

Caste remains India\u2018s most pervasive identity marker. All parties \u2013 including the BJP \u2013 use caste calculations to shape electoral strategies.<\/span><\/p>\n

4.1 The BJP\u2018s Caste Consolidation Strategy<\/span><\/strong><\/p>\n

The BJP has attempted to consolidate \u201cOther Backward Classes\u201d (OBCs) \u2013 who constitute 40-50% of the electorate in north India \u2013 under a non-Jatav, non-Yadav umbrella. Key tactics:<\/span><\/p>\n

\n
\n
<\/div>\n
<\/div>\n<\/div>\n\n\n\n\n\n\n\n\n
Tactic<\/span><\/th>\nImplementation<\/span><\/th>\n<\/tr>\n<\/thead>\n
OBC representation in leadership<\/span><\/strong><\/td>\nPM Modi (OBC), UP CM Yogi Adityanath (Thakur), many OBC ministers<\/span><\/td>\n<\/tr>\n
Focus on \u201cBJP ki OBC Yojana\u201c<\/span><\/strong><\/td>\nWelfare schemes targeting OBC communities<\/span><\/td>\n<\/tr>\n
Neutralization of Dalit vote<\/span><\/strong><\/td>\nBJP has appointed Dalit leaders (Ram Nath Kovind, Droupadi Murmu) to constitutional posts<\/span><\/td>\n<\/tr>\n
Undermining Jatav-Yadav axis<\/span><\/strong><\/td>\nAppeal to non-Jatav SCs and non-Yadav OBCs<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

The Results:<\/span><\/strong>\u00a0In 2019, the BJP increased its vote share among OBCs from 23% (2014) to 37% (2019). In 2024, the OBC vote share remained around 35%.<\/span><\/p>\n

4.2 Opposition Caste Strategies \u2013 Samajwadi Party, RJD, Congress<\/span><\/strong><\/p>\n

\n
\n
<\/div>\n
<\/div>\n<\/div>\n\n\n\n\n\n\n\n\n
Party<\/span><\/th>\nCaste Base<\/span><\/th>\nStrategy<\/span><\/th>\n<\/tr>\n<\/thead>\n
SP<\/span><\/td>\nYadav + Muslim<\/span><\/td>\nConsolidating OBC (Yadav) and minority (Muslim) votes<\/span><\/td>\n<\/tr>\n
RJD<\/span><\/td>\nYadav + Muslim<\/span><\/td>\nSame as SP, but in Bihar<\/span><\/td>\n<\/tr>\n
Congress<\/span><\/td>\n(varies by state)<\/span><\/td>\nAttempts to appeal to Dalits, tribals, and OBCs; often fails due to upper-caste perception<\/span><\/td>\n<\/tr>\n
BSP<\/span><\/td>\nJatav (Dalit) + Brahmin<\/span><\/td>\nAttempted \u201csocial engineering\u201d \u2013 Jatav + Brahmin vote<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

4.3 The Caste Census Debate<\/span><\/strong><\/p>\n

The opposition has aggressively pushed for a national caste census, arguing that OBCs and SCs\/STs have not received their due share of government resources and representation. The central government has been reluctant, citing administrative complexity and concerns about \u201csocial tensions.\u201d The debate has intensified in the 2024-2026 election cycles.<\/span><\/p>\n

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SECTION 5: THE ELECTION COMMISSION\u2018S LIMITED RESPONSE \u2013 NOTICES BUT NO CONVICTIONS<\/span><\/strong><\/p>\n

5.1 The Pattern \u2013 Notices Issued, No Action Taken<\/span><\/strong><\/p>\n

\n
\n
<\/div>\n
<\/div>\n<\/div>\n\n\n\n\n\n\n\n
Year<\/span><\/th>\nMCC Notices Issued<\/span><\/th>\nNotices for Hate Speech<\/span><\/th>\nSpeakers Censured<\/span><\/th>\nSpeakers Disqualified<\/span><\/th>\n<\/tr>\n<\/thead>\n
2019<\/span><\/td>\n412<\/span><\/td>\n87<\/span><\/td>\n12<\/span><\/td>\n0<\/span><\/td>\n<\/tr>\n
2024<\/span><\/td>\n1,243<\/span><\/td>\n161<\/span><\/td>\n18<\/span><\/td>\n0<\/span><\/td>\n<\/tr>\n
2026 (West Bengal)<\/span><\/td>\n487<\/span><\/td>\n42<\/span><\/td>\n4<\/span><\/td>\n0<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

The ECI issues notices; speakers issue apologies or explanations; the ECI \u201cadvises\u201d them to be more careful; no further action is taken.<\/span><\/p>\n

5.2 The \u201cCensuring\u201d Problem<\/span><\/strong><\/p>\n

Even when the ECI \u201ccensures\u201d a candidate or party leader, there is no legal consequence. Censure does not disqualify, does not impose a fine, does not require jail time. It is \u2013 at most \u2013 a public embarrassment.<\/span><\/p>\n

5.3 Why the ECI Fails to Act Decisively<\/span><\/strong><\/p>\n

\n
\n
<\/div>\n
<\/div>\n<\/div>\n\n\n\n\n\n\n\n\n
Reason<\/span><\/th>\nExplanation<\/span><\/th>\n<\/tr>\n<\/thead>\n
No statutory power<\/span><\/strong><\/td>\nMCC has no legal backing; ECI cannot prosecute<\/span><\/td>\n<\/tr>\n
Reluctance to escalate<\/span><\/strong><\/td>\nCensuring a Prime Minister or Home Minister has political costs<\/span><\/td>\n<\/tr>\n
Fear of being overturned<\/span><\/strong><\/td>\nCourts may stay ECI decisions<\/span><\/td>\n<\/tr>\n
Institutional culture<\/span><\/strong><\/td>\nECI sees itself as a facilitator, not an enforcer<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n
\n

SECTION 6: THE SUPREME COURT\u2018S ROLE \u2013 STRONG WORDS, WEAK REMEDIES<\/span><\/strong><\/p>\n

6.1 The Pravasi Bhalai Sangathan Judgment (2022)<\/span><\/strong><\/p>\n

The Supreme Court held that hate speech \u201cmust be dealt with strictly\u201d and that the Election Commission \u201cneeds to be more proactive in curbing hate speech.\u201d<\/span><\/p>\n

The Court stated:<\/span><\/p>\n

\n

\u201cWe are afraid the Election Commission will wake up only after the elections are over. It must exercise its powers during the election process to curb hate speech.\u201d<\/span><\/p>\n<\/blockquote>\n

However, the Court did not issue any binding directions beyond asking the ECI to report on its actions.<\/span><\/p>\n

6.2 The Abhiram Singh Judgment (2017)<\/span><\/strong><\/p>\n

The Supreme Court held that appeals in the name of religion are a corrupt practice under Section 123(3) of the RP Act. However, the judgment did not clarify whether indirect appeals (e.g., \u201cHindutva is a way of life\u201d) violate the section.<\/span><\/p>\n

6.3 The Pending Petitions \u2013 Strengthening the ECI\u2018s Powers<\/span><\/strong><\/p>\n

Multiple PILs are pending before the Supreme Court seeking to:<\/span><\/p>\n

    \n
  • \n

    Grant the ECI power to de-register candidates who engage in hate speech<\/span><\/p>\n<\/li>\n

  • \n

    Disqualify candidates who make communal appeals<\/span><\/p>\n<\/li>\n

  • \n

    Provide statutory backing to the MCC<\/span><\/p>\n<\/li>\n

  • \n

    Mandate censorship of hate speech during election campaigns<\/span><\/p>\n<\/li>\n<\/ul>\n

    As of May 2026, no judgment has been delivered in these petitions.<\/span><\/p>\n

    \n

    SECTION 7: INTERNATIONAL COMPARISON \u2013 HOW OTHER DEMOCRACIES REGULATE HATE SPEECH IN ELECTIONS<\/span><\/strong><\/p>\n

    \n
    \n
    \n
    <\/div>\n<\/div>\n
    <\/div>\n<\/div>\n\n\n\n\n\n\n\n\n\n
    Country<\/span><\/th>\nRegulatory Body<\/span><\/th>\nStatutory Backing<\/span><\/th>\nPower to Prohibit Speech<\/span><\/th>\nEnforcement Record<\/span><\/th>\n<\/tr>\n<\/thead>\n
    India<\/span><\/td>\nElection Commission<\/span><\/td>\nMCC (non-statutory)<\/span><\/td>\nLimited (advisory only)<\/span><\/td>\nPoor<\/span><\/td>\n<\/tr>\n
    United Kingdom<\/span><\/td>\nElectoral Commission<\/span><\/td>\nRepresentation of the People Act<\/span><\/td>\nYes (can disqualify)<\/span><\/td>\nGood<\/span><\/td>\n<\/tr>\n
    Germany<\/span><\/td>\nFederal Election Supervisor + courts<\/span><\/td>\nCriminal Code (sections 130, 166)<\/span><\/td>\nYes (can ban candidates)<\/span><\/td>\nVery good<\/span><\/td>\n<\/tr>\n
    Canada<\/span><\/td>\nElections Canada<\/span><\/td>\nCanada Elections Act<\/span><\/td>\nYes (can remove candidates)<\/span><\/td>\nGood<\/span><\/td>\n<\/tr>\n
    United States<\/span><\/td>\nFEC + courts<\/span><\/td>\nFirst Amendment (high protection)<\/span><\/td>\nLimited<\/span><\/td>\nPoor (free speech protections)<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

    India\u2018s non-statutory MCC is unique among major democracies. The absence of legal backing \u2013 and the ECI\u2018s consequent inability to disqualify or prosecute \u2013 is a structural vulnerability.<\/span><\/p>\n

    \n

    SECTION 8: THE CONSEQUENCES \u2013 ERODING SECULARISM AND DEMOCRATIC LEGITIMACY<\/span><\/strong><\/p>\n

    8.1 Normalization of Communal Polarization<\/span><\/strong><\/p>\n

    When hate speech is repeatedly committed without consequence, it becomes normalized. Voters begin to expect candidates to \u201cspeak the truth\u201d about \u201cthe other community.\u201d<\/span><\/p>\n

    8.2 Marginalization of Minorities<\/span><\/strong><\/p>\n

    Muslims in particular have felt increasingly marginalized. Their concerns are rarely addressed in election manifestos. When they are addressed, it is framed as \u201cappeasement\u201d \u2013 a term of abuse.<\/span><\/p>\n

    8.3 Reduced Incentive for Governance<\/span><\/strong><\/p>\n

    If a party can win elections through communal polarization, it has less incentive to govern well \u2013 to reduce unemployment, control inflation, or address farmer distress. Communal polarization is a substitute for performance.<\/span><\/p>\n

    8.4 Institutional Capture<\/span><\/strong><\/p>\n

    When the Election Commission fails to act against hate speech, and the Supreme Court limits its own intervention, the institutional framework designed to protect secular democracy is captured by the political actors who benefit from polarization.<\/span><\/p>\n

    \n

    SECTION 9: THE WAY FORWARD \u2013 REFORM PROPOSALS<\/span><\/strong><\/p>\n

    9.1 Give the MCC Statutory Backing<\/span><\/strong><\/p>\n

    As argued in Topic 26, the MCC should be codified into law \u2013 either through amendment to the RP Act or a separate Election Conduct Act. Statutory backing would allow the ECI to impose real penalties (disqualification, fines, imprisonment) for hate speech violations.<\/span><\/p>\n

    9.2 Define \u201cHate Speech\u201d in Election Law<\/span><\/strong><\/p>\n

    Currently, the legal definition of \u201chate speech\u201d is scattered across multiple statutes (IPC sections 153A, 295A, 298). A dedicated election law should define hate speech specifically for campaign contexts, with clear penalties.<\/span><\/p>\n

    9.3 Independent Adjudication<\/span><\/strong><\/p>\n

    ECI should not be both complainant and judge. An independent tribunal (retired judges) should adjudicate hate speech complaints, with ECI acting as investigator.<\/span><\/p>\n

    9.4 Mandatory Disqualification for Convicted Hate Speakers<\/span><\/strong><\/p>\n

    If a candidate is convicted of hate speech, disqualification should be automatic \u2013 not discretionary. The Lily Thomas principle (immediate disqualification on conviction) should apply.<\/span><\/p>\n

    9.5 Fast-Track Courts for Election-Related Hate Speech<\/span><\/strong><\/p>\n

    Cases should be resolved within 60 days \u2013 before the election cycle ends, not after.<\/span><\/p>\n

    \n

    CONCLUSION \u2013 DEMOCRACY WITHOUT SECULARISM<\/span><\/strong><\/p>\n

    India\u2018s democracy is increasingly majoritarian. The constitutional promise of secularism \u2013 equal respect for all religions \u2013 has yielded to an electoral strategy that treats minorities as a foil, not as citizens.<\/span><\/p>\n

    What Has Been Lost:<\/span><\/strong><\/p>\n

    \n
    \n
    <\/div>\n
    <\/div>\n<\/div>\n\n\n\n\n\n\n\n\n\n
    Loss<\/span><\/th>\nExplanation<\/span><\/th>\n<\/tr>\n<\/thead>\n
    Secularism<\/span><\/strong><\/td>\nState neutrality has been replaced by majoritarian favoritism<\/span><\/td>\n<\/tr>\n
    Minority rights<\/span><\/strong><\/td>\nMuslims and other minorities are increasingly marginalized<\/span><\/td>\n<\/tr>\n
    Institutional credibility<\/span><\/strong><\/td>\nECI is seen as a partisan actor, not a neutral enforcer<\/span><\/td>\n<\/tr>\n
    Deliberative democracy<\/span><\/strong><\/td>\nCampaigns are based on fear, not policy<\/span><\/td>\n<\/tr>\n
    Rule of law<\/span><\/strong><\/td>\nHate speech is committed with impunity<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n

    What Remains:<\/span><\/strong><\/p>\n

    The legal framework exists. The Election Commission exists. The Supreme Court exists. But without political will \u2013 and without statutory reform \u2013 these institutions will remain spectators, not enforcers.<\/span><\/p>\n

    The 2024 general elections and 2026 state elections demonstrated the power of communal polarization. The BJP consolidated the Hindu vote and won decisively. The opposition, unable or unwilling to craft a counter-narrative, collapsed.<\/span><\/p>\n

    The Unanswered Question:<\/span><\/strong><\/p>\n

    If winning elections requires communal polarization \u2013 and if the institutions designed to prevent polarization do nothing \u2013 can India remain a secular democracy in anything but name?<\/span><\/p>\n

    Or will the next election be decided not by debates over unemployment, inflation, and development \u2013 but by the color of a temple, the sound of a slogan, and the fear of a community?<\/span><\/p>\n

    \n

    SUMMARY TABLE: HATE SPEECH IN ELECTIONS \u2013 INDIA VS. OTHER DEMOCRACIES<\/span><\/strong><\/p>\n

    \n
    \n
    <\/div>\n
    <\/div>\n<\/div>\n\n\n\n\n\n\n\n\n\n\n\n\n
    Aspect<\/span><\/th>\nIndia<\/span><\/th>\nUK<\/span><\/th>\nGermany<\/span><\/th>\nCanada<\/span><\/th>\n<\/tr>\n<\/thead>\n
    Statutory backing for election code<\/span><\/strong><\/td>\nNo (MCC non-statutory)<\/span><\/td>\nYes<\/span><\/td>\nYes<\/span><\/td>\nYes<\/span><\/td>\n<\/tr>\n
    Power to disqualify for hate speech<\/span><\/strong><\/td>\nNo (ECI can only censure)<\/span><\/td>\nYes<\/span><\/td>\nYes<\/span><\/td>\nYes<\/span><\/td>\n<\/tr>\n
    Criminal penalties for hate speech<\/span><\/strong><\/td>\nYes (IPC 153A, 295A, 298)<\/span><\/td>\nYes<\/span><\/td>\nYes<\/span><\/td>\nYes<\/span><\/td>\n<\/tr>\n
    Enforcement during campaigns<\/span><\/strong><\/td>\nLow<\/span><\/td>\nHigh<\/span><\/td>\nHigh<\/span><\/td>\nHigh<\/span><\/td>\n<\/tr>\n
    BJP hate speech incidents (2024)<\/span><\/strong><\/td>\n87<\/span><\/td>\nN\/A<\/span><\/td>\nN\/A<\/span><\/td>\nN\/A<\/span><\/td>\n<\/tr>\n
    ECI action rate (BJP)<\/span><\/strong><\/td>\n12%<\/span><\/td>\nN\/A<\/span><\/td>\nN\/A<\/span><\/td>\nN\/A<\/span><\/td>\n<\/tr>\n
    ECI action rate (opposition)<\/span><\/strong><\/td>\n35-48%<\/span><\/td>\nN\/A<\/span><\/td>\nN\/A<\/span><\/td>\nN\/A<\/span><\/td>\n<\/tr>\n
    Supreme Court intervention<\/span><\/strong><\/td>\nLimited (non-binding observations)<\/span><\/td>\nN\/A<\/span><\/td>\nN\/A<\/span><\/td>\nN\/A<\/span><\/td>\n<\/tr>\n<\/tbody>\n<\/table>\n<\/div>\n
    \n

    Next Topic (Topic 30):<\/span><\/strong>\u00a0\u201cThe Politics of Freebies \u2013 Populist Promises and Fiscal Responsibility\u201d<\/span><\/p>\n

    To be continued tomorrow with in-depth analysis of how political parties use election freebies (cash transfers, loan waivers, free electricity\/water) to win votes, and the debate over fiscal sustainability versus welfare delivery.<\/span><\/em><\/p>\n","protected":false},"excerpt":{"rendered":"

    TOPIC 29: CASTE, RELIGION, AND COMMUNAL POLARIZATION \u2013 THE POLITICS OF IDENTITY IN ELECTIONS How Political Parties Use Caste and Religious Appeals to Consolidate Vote Banks, and the Election Commission\u2018s Limited Ability to Police Such Speech In April 2024, Prime Minister Narendra Modi, campaigning in Banswara, Rajasthan, told a crowd: \u201cEarlier, the Congress government had […]<\/p>\n","protected":false},"author":1,"featured_media":4127,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"googlesitekit_rrm_CAowk73GDA:productID":"","footnotes":"","jetpack_publicize_message":"","jetpack_publicize_feature_enabled":true,"jetpack_social_post_already_shared":true,"jetpack_social_options":{"image_generator_settings":{"template":"highway","default_image_id":0,"font":"","enabled":false},"version":2}},"categories":[76,78],"tags":[1286,1289,1292,1283,1282,1296,1288,1294,765,1095,1291,1062,1293,1281,1280,763,782,1129,1287,1109,1113,1297,1295,1284,1290,1285],"class_list":["post-4126","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-discussions-opinions","category-global-topics","tag-akhilesh-yadav","tag-bjp-vs-congress","tag-caste-census","tag-caste-politics-in-india","tag-communal-polarization","tag-democratic-pluralism","tag-dmk-politics","tag-dravidian-politics","tag-election-commission-of-india","tag-electoral-integrity","tag-electoral-politics","tag-governance-in-india","tag-hindu-muslim-politics","tag-identity-politics","tag-identity-politics-in-indian-elections","tag-indian-democracy","tag-indian-elections","tag-indian-politics","tag-mamata-banerjee","tag-model-code-of-conduct","tag-narendra-modi","tag-political-campaigns","tag-political-mobilization","tag-religious-polarization","tag-representation-of-the-people-act","tag-vote-bank-politics"],"aioseo_notices":[],"jetpack_publicize_connections":[],"_links":{"self":[{"href":"https:\/\/untoldpages.in\/index.php?rest_route=\/wp\/v2\/posts\/4126","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/untoldpages.in\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/untoldpages.in\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/untoldpages.in\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/untoldpages.in\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=4126"}],"version-history":[{"count":3,"href":"https:\/\/untoldpages.in\/index.php?rest_route=\/wp\/v2\/posts\/4126\/revisions"}],"predecessor-version":[{"id":4130,"href":"https:\/\/untoldpages.in\/index.php?rest_route=\/wp\/v2\/posts\/4126\/revisions\/4130"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/untoldpages.in\/index.php?rest_route=\/wp\/v2\/media\/4127"}],"wp:attachment":[{"href":"https:\/\/untoldpages.in\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=4126"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/untoldpages.in\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=4126"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/untoldpages.in\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=4126"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}