Skip to main content

Fighting polls on Hindutva agenda to garner votes is a "corrupt practice" under Indian law:Teesta Setalvad, others

By A Representative
Three left-of-the-centre citizens, top social activist and anti-communal crusader Teesta Setalvad, well-known academic Shamsul Islam and senior journalist Dilip Mandal, have, through a civil application, sought the intervention of the seven judge constitutional Bench of the Supreme Court to look into the crucial issue whether garnering votes on the basis of Hindutva is against India’s basic Constitutional premises.
The applicants say, they are of the view that the interpretation given to Section 123(3) and (3A) of the Representation of the People Act, 1951 in the case of Dr Ramesh Yeshwant Prabhoo versus Prabhakar K.Kunte, reported in 1996 (1) SCC 130, “has had the effect of encouraging political parties to use religious appeals for garnering votes under the colour of the proposition that ‘Hindutva’ is not a religion but a ‘way of life’.”
They insist, “This has had devastating consequences leading to demands of homogenization and assimilation of minority communities and SC/ST in the Hindutva way of life”, adding, “Hindutva has become a mark of nationalism and citizenship. Such an interpretation has curtailed the faith in secularism, which is a basic feature of the constitution.”
The applicants have especially objecting to the interpretation of Hindutva, which says, “Ordinarily, Hindutva is understood as a way of life or a state of mind and it is not to be equated with, or understood as religious Hindu fundamentalism”, as it aims at “Indianisation” or “developing a uniform culture by obliterating the differences between all of the cultures coexisting in the country.”
Objecting to this interpretation, the applicants say, “The above opinion indicates that the word ‘Hindutva’ is used and understood as a synonym of ‘Indianisation’, i.e., development of uniform culture by obliterating the differences between all the cultures coexisting in the country.”
Saying that this amounts to “misuse” of Hindutva or Hinduism “to promote communalism”, which should not go unchecked, the applicants say, “It is indeed very unfortunate, if in spite of the liberal and tolerant features of ‘Hinduism’ recognised in judicial decisions, these terms are misused by anyone during the elections to gain any unfair political advantage.”
They add, “Fundamentalism of any colour or kind must be curbed with a heavy hand to preserve and promote the secular creed of the nation. Any misuse of these terms must, therefore, be dealt with strictly.”
Pointing out that allowing such terms to be used for electoral purposes “can lead to a dangerous situation”, the applicants say, as a result, the proponents of different religions could “manipulate the vulnerabilities of religious beliefs that people hold”, as has happed “for the past two and a half years”.
They underline, recent articulations of a “narrow, supremacist variety have engendered a deep feeling of insecurity for minorities, free thinkers, atheists and all those who uphold the Constitutional ideal of an India meant for all, irrespective of caste, creed, gender, politics or faith.”
The matter, the applicants say, is “not simply” an issue of “a technical interpretation of the statute, as it relates to the issue of the relationship between a registered political party, its candidate, and those ‘leaders’ who campaign for votes during an election.”
Against this backdrop, the applicants have sought Supreme Court view on “whether a candidate who contests on the ticket of a political party which in its manifesto/plank appeals to ‘Hindutva’ as being the political agenda of its party, is not thereby guilty of corrupt practice within the meaning of Section 123 of the Representation of the People Act, 1951.”

Comments

TRENDING

When democracy becomes a performance: The Tibetan exile experience

By Tseten Lhundup*  I was born in Bylakuppe, one of the largest Tibetan settlements in southern India. From childhood, I grew up in simple barracks, along muddy roads, and in fields with limited resources. Over the years, I have watched our democratic system slowly erode. Observing the recent budget session of the 17th Tibetan Parliament-in-Exile, these “democratic procedures” appear grand and orderly on the surface, yet in reality they amount to little more than empty formalities. The parliamentarians seem largely disconnected from the everyday struggles faced by ordinary exiled Tibetans like us.

Study links sanctions to 500,000 deaths annually leading to rise in global backlash

By Bharat Dogra  International opinion is increasingly turning against the expanding burden of sanctions imposed on a growing number of countries. These measures are contributing to humanitarian crises, intensifying domestic discord, and heightening international tensions, thereby increasing the risks of conflicts and wars. 

Dhurandhar: The Revenge — Blurring the line between fiction and political narrative

By Mohd. Ziyaullah Khan*  "Dhurandhar: The Revenge" does not wait to be remembered; it arrives almost on the heels of its predecessor, released on March 19, 2026, just months after the first film’s December 2025 debut. The speed of its arrival feels less like creative urgency and more like calculated timing—cinema responding not to storytelling rhythm but to the emotional climate of its audience. Director Aditya Dhar, along with actor Yami Gautam, appears acutely aware of this moment and how to harness it.

Beyond the island: Top mythologist reorients the geography of the Ramayana

By Jag Jivan   In a compelling new analysis that challenges conventional geographical assumptions about the ancient epic, writer and mythologist Devdutt Pattanaik has traced the roots of the Ramayana to the forests and river systems of Central and Eastern India, rather than the peninsular south or the modern island nation of Sri Lanka.

BJP accounts for 99% of political donations in Gujarat: Corporate giants dominate

By Jag Jivan   An analysis of the official data on donations received by national parties from Gujarat during the Financial Year 2024-25 reveals a staggering concentration of funding, with the Bharatiya Janata Party (BJP) accounting for nearly the entirety of the contributions. The data, compiled in a document titled "National Parties donations received from Gujarat during FY-2024-25," lists thousands of transactions, painting a detailed picture of the financial backing for political parties from one of India’s most industrially significant states.

Alarming decline in India's repair culture threatens circular economy goals: Study

By Jag Jivan  A comprehensive new study by environmental research and advocacy organisation Toxics Link has painted a worrying picture of India's fading repair culture, warning that the trend towards replacement over repair is accelerating the country's already critical e-waste crisis.

Captains extraordinaire: Ranking cricket’s most influential skippers

By Harsh Thakor*  Ranking the greatest cricket captains is a subjective exercise, often sparking passionate debate among fans. The following list is not merely a tally of wins and losses; it is an assessment of leadership’s deeper impact. My criteria fuse a captain’s playing record with their tactical skill, placing the highest consideration on their ability to reshape a team’s fortunes and inspire those around them. A captain who inherited a dominant empire is judged differently from one who resurrected a nation’s cricket from the doldrums. With that in mind, here is my perspective on the finest leaders the game has ever seen.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

‘No merit’ in Chakraborty’s claims: Personal ethics talk sans details raises questions

By Jag Jivan  A recent opinion piece published in The Quint by Subhash Chandra Garg has raised questions over the circumstances surrounding the resignation of Atanu Chakraborty from HDFC Bank , with Garg stating that the exit “raises doubts about his own ‘ethics’.” Garg, currently Chief Policy Advisor at Subhanjali and former Secretary of the Department of Economic Affairs, Government of India, writes that the Reserve Bank of India ( RBI ) appears to find no substance in Chakraborty’s claims, noting, “It is clear the RBI sees no merit in Atanu Chakraborty’s wild and vague assertions.”