PUCL Delhi urges Election Commission to take urgent, concrete measures against hate speech
The People’s Union for Civil Liberties (PUCL), Delhi, has written to Chief Election Commissioner Mr. Gyanesh Kumar, calling on the Election Commission of India to take immediate steps to prevent, monitor and respond to hate speech targeting minority communities, Dalits and other vulnerable groups during the upcoming Legislative Assembly elections in Uttar Pradesh, Uttarakhand, Punjab, Goa and Manipur.
PUCL’s representation warns that hate speech may become more frequent and widespread in the run-up to the elections, undermining the conditions required for free and fair polling and heightening the risk of intimidation, communal tension and violence.
In its representation, PUCL has called upon the Election Commission to use its constitutional and statutory authority to ensure that obligations under the general law and the Model Code of Conduct are strictly enforced. The organisation has urged the Commission to put in place immediate preventive, monitoring and enforcement measures so that hate speech is identified early, acted upon promptly and prevented from escalating into intimidation or violence.
PUCL has specifically demanded that the Election Commission establish a dedicated department, cell or nodal agency to monitor hate speech throughout the election period. Such a mechanism should track speeches made at public meetings, rallies and campaign events, as well as statements circulated through electronic media, print media, social media platforms and other forms of communication.
The proposed monitoring body should also receive complaints, refer them without delay to appropriate officers of the Election Commission, and where necessary place them before the police or courts for prompt legal action. PUCL has further urged that the body coordinate with relevant government departments and authorities to prevent hate speech, ensure strict action in cases of violation and prevent repetition of such conduct.
PUCL has also asked the Commission to make this mechanism widely known to the public and to publicise complaint channels through print, television, radio and social media. It has sought the establishment of a well-publicised helpline at least 90 days before polling so that citizens can report incidents of hate speech and submit complaints in a timely manner.
The representation further calls for an early and sustained public awareness campaign informing voters, candidates and political parties about what constitutes hate speech and making clear that such conduct is a criminal offence under applicable law, including the Bharatiya Nyaya Sanhita, 2023. PUCL has also urged the Commission to issue prompt and well-publicised warnings to candidates and political parties that indulge in hate speech.
In addition, PUCL has requested the Election Commission to issue directions to police authorities and other competent authorities to take immediate legal action whenever hate speech is reported or otherwise comes to their knowledge. It has emphasised that failure or inaction by responsible officials in dealing with reported hate speech should attract appropriate administrative and legal consequences, and that officials who wilfully ignore or fail to comply with the Commission’s directions must be dealt with strictly in accordance with law.
PUCL has stated that these measures are necessary to preserve the integrity of the electoral process, maintain communal harmony and ensure that elections are conducted in an atmosphere free from fear, intimidation and violence. The organisation has also offered to assist the Election Commission in spreading awareness about the prohibition on hate speech and the Commission’s directions, and has sought an appointment with the Chief Election Commissioner to discuss the issue.
T S Ahuja, General Secretary
Vertika Mani, Secretary (Media)
PUCL Delhi