Politics of Caste and Religion!!!

The recent Supreme Court judgement on use of religion ,caste etc during elections has drawn comments from a plethora of actors, with very few having real understanding of the locus and focus of the decision. The Court was examining the question whether religion, caste can be used as tools in election campaigns? A split verdict concluded that any appeal for votes on grounds of religion/caste/race/community/language amounts to a corrupt practice under RPA, 1951. This in no way has superseded the " Hindutva" judgement of '95. In reality, the 7 judge bench categorically distanced itself from reviewing the same. So , constitutionally Hinduism /Hindutva is still not a religion, but a way of life😂😂

The next question is the novelty associated with the judgement. The answer is a NO. RPA was amended in 1961 to include asking of votes in the name of caste, religion etc as a corrupt practice . So , it is established that the decision is not a Judicial Overreach. Secondly, the provision has failed to produce any visible results because an election can be challenged only through a petition in a competent court. But the time in which the judgments arrive , usually the candidates have completed their terms. Hence , it has little deterrence value. Hardly anyone knew that the crux of the judgment already had a statutory backing. The main Issue remains the implementation of this pipe dream. The Election Commission doesn't have powers to cancel the candidates nomination on these grounds. Any  action is possible only post facto through the cumbersome judicial process.

The dangers of this judgment can be to Free Speech. It has ignored the ground realities of our society which is clearly divided on many lines and egalitarian framework is an utopia. Many political parties and their leaders owe their existence to religion , language , caste etc. Upliftment of their Vote-banks is always paramount in their manifesto. Further, the view of a Candidate may not be known to the voters on crucial issues like Talaaq, inheritance , Ram Mandir etc. It may also challenge the free Media and their free speech.

However the positives must not be lost in the noise.The judgment has caught public imagination by reaffirming the statute and giving it a judicial backing. Fast track courts to dispose of election petitions in a time bound way is the way forward. This would create a deterrence in the campaigners against using religion ,caste etc during elections. Empowering the Election Commission to take swift action against the culprits is also imperative. It is high time that people and politicians move away from parochial interests  to a development centric model.