ECI’s Proposal to Madras High Court
The Election Commission of India (ECI) recently communicated to the Madras High Court its intent to consider the necessity of establishing guidelines that would restrict the involvement of children in political campaign activities. This proposal comes in the wake of a legal petition questioning the campaign practices of prominent political parties during the Tamil Nadu assembly elections.
Case Overview: Vasuki Vs Election Commission of India
In the case titled Vasuki Vs Election Commission of India, Chief Electoral Officer (CEO) Archana Patnaik responded to accusations concerning alleged corrupt practices by Tamilaga Vettri Kazhagam (TMK), Dravida Munnetra Kazhagam (DMK), and All India Anna Dravida Munnetra Kazhagam (AIDMK). The accusations included claims of children being targeted to sway the voting choices of their parents.
CEO Patnaik stated, “The desirability of campaigns targeting children, who are not voters, to influence their elders will be examined. If necessary, appropriate guidelines will be established.”
ECI’s Position on Child Involvement in Campaigns
Despite the petitioner’s allegations, the Election Commission emphasized that no specific instances of children participating in campaigns had been identified. The ECI reiterated that children should not be used in election-related activities by either political parties or election officials.
A press release dated February 5, 2024, was referenced, in which political entities were advised against involving children in their campaigns. The ECI further clarified that voting is a confidential process, and there is no basis for assuming indirect coercion on voters through child-targeted campaigns.
Legal Implications and Measures Against Corrupt Practices
The Commission highlighted that undue influence over voters constitutes a corrupt practice under Section 123 of the Representation of the People Act, 1951. It stressed that only clear instances of such influence should be legally examined for any effect on concluded elections.
Addressing the allegations of monetary incentives during the elections, the ECI detailed its efforts in monitoring election expenditures. It reported the formation of flying squads, static surveillance teams, and video surveillance teams, which collectively contributed to the seizure of ₹599.24 crore in Tamil Nadu by April 22, following the activation of the Election Seizure Management System. This involved 2,283 flying squad teams and 2,221 static surveillance teams.
The Commission assured that allegations of voter bribery and inducement are covered under the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Representation of the People (RP) Act.
