SEEKING VOTES IN THE NAME OF RELIGION AN EVIL PRACTICE: SC

NEW DELHI: The Supreme Court said on Tuesday it would not go into the larger debate on what was Hindutva but underscored that asking for votes in the name of religion was “evil” and “not permissible”.

The court, which is revisiting its 1995 judgment that held Hindutva was a way of life and not a religion, said it would be only examine whether a candidate could be disqualified if his supporters invoke religion or caste to seek votes.

“It is difficult to define religion. There will be no end to this,” the bench said, an observation that comes a few months ahead of five state elections. Political parties often turn to religion and caste to garner votes, polarising opinion which on many occasions leads to violence.

Chief Justice TS Thakur spelled out the issues the court would look into and said the bench was not asked to define Hindutva.

The court was responding to social activist Teesta Setalvad who asked to be made a party to the case.

The court must not only redefine Hindutva but also ban its use in election speeches, Setalvad, who fought legal battles for 2002 Gujarat riot victims, has petitioned the court .

“We will not re-consider the judgment and also not examine Hindutva or what constitutes the religion at this stage. At this stage, we will confine ourselves only to the limited issue raised before us in the reference,” the court said.

That means it will interpret section 123 of the representation of people’s act that bars candidates from using religion to seek votes.

While examining the election law, the court will define what amounts to exploitation of religious sentiments for votes as the law was unclear on it.

Asking for votes in the name of religion was a greater evil than seeking support by invoking caste or language, it said. “Religious appeal is bound to influence voters,” the bench said.

“In a secular country any appeal to the voters should be in tune with secular philosophy and political agitation, advancing the cause of religion with an intent to garner votes is not permissible.”

The seven-judge bench is hearing three cases that question the practice of seeking votes in the name of religion and ask whether candidates who win this way should not be disqualified.