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How Effective Is The Model Code Of Conduct In An Election With Communal Undertones?

Political leaders are desperate to win the elections in 2019. Every limit has been crossed regarding the content of their speeches. Leaders are threatening minorities and openly giving communal statements. However, there is a model code of conduct enforced by the Election Commission against errant leaders.

But, actually, parties don’t have even a minuscule fear of the model code of conduct or the Election Commission and continue to violate the rules. I believe the model code of conduct in its present structure doesn’t have much relevance amid today’s political scenario in the country. It will be more clarified when we look at the procedure of enforcement.

Whenever a leader tries to lure voters by communal and violent speeches, a complaint goes to the Election Commission. The organisation is lax in taking such violations suo moto. Generally, activists or NGOs file a complaint. It takes multiple days for a complaint to reach the Election Commission which is followed by a show cause notice to the leader. After a few days, the leader sends a reply of the notice. That’s it.

In this election, I have not seen anything less stricter than this process for violation. We can see that the aim of the leader is already fulfilled to communalize the election. Once they make a statement, it affects voters immediately and no one cares for any proceedings afterward. Amid the noise of election campaigning, such proceedings get suppressed anyway.

No one cares even if the leader is found guilty after several days but the speech of the leader has already been imprinted on the minds of people. There is no method to cure the effect made by speeches on the voter’s consciousness. Another thing is that a violation of the model code of conduct is not a legal offense and is informal in nature. So, no party or leader cares for it.

We can see the attitude of leaders like Yogi Adityanath and Sakshi Maharaj who violate the model code of conduct continuously. Similarly, political propaganda like distributing freebies and t-shirts in the name of a leader never reaches the Election Commission as a complaint on time. The trailer of a biopic has been in circulation for many days. Voters have watched it multiple times already which has created significant damage. Voters have already been divided on religion and caste, even before a complaint could reach the Election Commission. Leaders have already asked for votes in the name of army even before the ECI could get around to issuing a show cause notice.

The main point is that leaders don’t have any hesitation to violate the model code of conduct. Violations have been continuing in every election since 1971. The procedure of enforcement is very lengthy. It is ineffective in creating a sense of deterrence among the political class. It is more a curative than a preventive measure.

I think, first of all, the model code of conduct should be given legal backing and its violation should be made an offense. Electoral restrictions should be put on leaders if found guilty. Leaders should think twice before violating the model code of conduct. The Election Commission should also be prompt in taking action immediately. Voters should also be aware and vote keeping in mind violations. The model code of conduct should focus more on prevention with strict punishment to the culprit.

Featured image for representative purpose only.
Featured image source: Getty Images.
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