Overreacting to the BJP CD

BY Darius Nakhoonwala| IN Opinion | 18/04/2007

You don`t say!

Darius Nakhoonwala

Last week provided another example of leader-writers who are willing to shoot from the hip. They just need the right ideological opportunity. The provocation was the infamous CD released by the UP unit of the BJP. The CD was vitriolic enough against the Muslims to persuade the national executive of the party to order it withdrawn.

This was followed by demands by the Congress and a few other parties, and individuals such as V P Singh (who has an eye cocked at the prime ministership after the next general election) that the BJP be de-recognised. It sounded sufficiently grand as a punishment but would it tenable in law and/or practical as well? De-recognise a party that received 23 per cent of the votes last time and when the there is no specific provision in the law in the context of the charge against it?

The Hindu of course was all for it. "Since the party`s raison d`etre as well as life force is communalism as a political mobilisation plank… itwas a test case for the Election Commission of India and for the whole process of democratic elections in the country… the Election Commission has shown commendable seriousness in moving against the offenders…. served notice on the BJP asking it to show cause why it should not be de-recognised under the electoral law for violating the Model Code of Conduct."

So what was the paper`s prescription? "The time has come to close the gap between precept and practice by enforcing the electoral and criminal law against the nth time offenders in UP." To be sure, but should not the paper have mentioned that the law does not allow it?

That was left to the Business Standard and the Telegraph to do. The BS wrote that "In simple practical terms, it makes no sense at all to de-recognise a party that is one of the only two all-India parties that can lay claim to a national following. Besides.. de-recognition does not appear to be on the list (of penalties)." It also pointed out that the law referred to fanning caste enmity as well and that "if the caste criterion for promoting enmity is applied, many other political parties would become liable for suitable punishment."

The Telegraph also pointed this out. " There is no doubt whatsoever that the Bharatiya Janata Party has committed a serious crime by releasing a compact disc full of communal propaganda… the future of the Indian polity cannot be safe in the hands of a party that is so brazenly communal… But the EC`s threat to derecognize the party may not be a feasible solution. The law does not empower the EC to take such an action. The Representation of the People Act provides for punishment of individuals guilty of spreading communal, caste or racial hatred. It does not apply to parties or organizations."

The Indian Express said "We don`t think the response should at all be that the BJP be de-recognised. De-recognition is a blunt instrument and is not useful in addressing the issues inherent in the present controversy." But it failed to say why, suggesting that the leader writer didn`t read the law properly because the edit did quote the law later. It exhorted the party to "look within". Ha!

The Asian Age was equally unsure of what exactly the law said. "The BJP has claimed that the EC does not enjoy the power to de-register political parties. The law would seem to be on the EC`s side, since the ground on which de-registration is sought, namely the attempt to inflame communal passions by denigrating the minority community and seeking votes in the name of religion, is recognised by law to be a serious offence." Really? Then it covered itself. "If under the law, the BJP is found guilty, then it must be disqualified."

The Pioneer, as might be expected, provided the opposite point of view -- hysterically, of course. It wrote two edits and I need hardly describe them. But here is a flavour of it. " The response to what is clearly a mistake has been hugely disproportionate…the Election Commission has failed to take a balanced view and act in a fair manner… It is absurd to demand that the BJP should be derecognised …" blah, blah, blah.

Mistake? Just a mistake, Sir?

Darius.Nakhoonwala@gmail.com