| Publication |
2010.
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| Summary/Abstract |
The primary question addressed by this essay is: How are religion and religious propaganda in election campaigns in India regulated? I study this question by looking at the rulings of the Supreme Court, which is the final arbiter in all matters related to electoral disputes. The relevant portion of the Representation of the People Act (RPA)-the legislation governing the conduct of Indian elections passed in 1951-that relates to regulating religion are various provisions of Section 123.1 Section 123(3) deems as 'corrupt practice' election candidates or their agents appealing for votes on the grounds of religion or religious symbols; Section 123(2)(a)(ii) defines as corrupt practice attempts to induce a candidate or voter to believe that he would become an object of 'divine displeasure or spiritual censure'; and Section 123(3A) considers as corrupt practice attempts to promote enmity on grounds of religion, race, community or language. More recently, Section 123(3B) does the same for candidates propagating the practice of sati or glorifying it. In addition, Section 125 of the RPA makes attempts to promote enmity or hatred on the 'grounds of religion, race, caste, community or language' a punishable offence.
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