The Supreme Court’s recent interim order halts the registration of new suits related to disputes over places of worship. The decision, led by Chief Justice Sanjiv Khanna, aims to prevent litigation that could threaten India’s secular fabric, including cases involving surveys of religious sites.

Supreme Court Decision

• Court’s Support for the Act: The Supreme Court’s recent order affirms the continued validity of the Places of Worship Act, underscoring its role in safeguarding religious harmony. 
  • By preventing disputes over religious sites, the Act aims to avert divisive actions that could heighten communal tensions.
• India’s Constitutional Framework: The Court’s decision reinforces India’s secular constitution, emphasizing that the judicial system must protect the secular fabric of the nation. 
  • The order seeks to prevent the legal system from being misused to promote religious polarization or deepen societal divides.
• Political Motivations Behind Lawsuits: The Court’s intervention comes amid growing concerns over politically motivated lawsuits involving religious sites. 
  • These cases, often driven by groups seeking to reclaim sites allegedly lost to invaders, have the potential to disturb social harmony. 
  • If allowed to proceed unchecked, such suits could undermine India’s pluralistic values and national unity.
• Judicial Prudence and its Role in Secularism: In this context, the judiciary’s role becomes crucial in safeguarding the constitutional values of equality, justice, and religious tolerance. 
  • By being cautious about the long-term implications of such disputes, the Court helps ensure that political agendas do not jeopardize the unity of the nation.

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Conclusion

The judiciary must be vigilant in ensuring that motivated cases, particularly those driven by political agendas, do not threaten the unity and integrity of the nation. It is also crucial that courts continue to act in a manner that preserves the constitutional values of equality, justice, and religious tolerance for all citizens.

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India’s digital transformation has created opportunities for women’s empowerment while increasing the risk of tech-facilitated gender-based violence (TFGBV). 

• To address this, the Ministry of Women and Child Development launched the ‘Ab Koi Bahana Nahi’ campaign. 

India’s Digital Progress

• India’s Digital Revolution: India’s Digital Revolution refers to the widespread use of technology and the digitization of processes across various sectors like medicine, communication, and governance. 
• India has made significant strides in its digital transformation. Key indicators of this progress include:
  • 1.18 billion mobile connections
  • 700 million internet users
  • 600 million smartphones
• Empowerment and Connectivity: Initiatives such as Pradhan Mantri Jan Dhan Yojana, which has expanded financial inclusion by nearly four-fold since 2015, have seen women hold 55.6 percent of all bank accounts.
  • JAM Trinity: The integration of Jan Dhan Account, Aadhaar, and mobile services has made cashless transactions and direct benefits transfer more accessible, especially for women in rural areas.

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Dark Side of Digital Connectivity

• While digital connectivity has brought empowerment, it has also exposed women to new risks, particularly in the form of tech-facilitated gender-based violence (TFGBV). Some forms of TFGBV include:
  • Cyberstalking: Persistently following and harassing someone online, often by misusing personal data.
  • Online trolling: Involves targeting politicians or journalists or others by making provocative or offensive demands.
  • Non-consensual sharing of intimate images. 
  • Impersonation and fraud through fake profiles: Involves creating false identities to deceive or exploit others.
  • Voyeurism and online grooming: They are the acts of secretly watching individuals or manipulating them online, often for harmful purposes.
    • These often force women and girls to retreat from digital spaces.
• Urban Areas and Rural Areas: Rural India has a higher percentage of internet users than urban areas (20% more users as per 2021 Nielsen report). 
  • Many women and girls struggle with digital literacy and are often unaware of their rights or the resources available to report abuse.

Legal and Institutional Responses to TFGBV

• Information Technology Act, 2000 and the Bharatiya Nyay Sanhita, 2024 provide legal protection against digital violence.
• The National Cyber Crime Reporting Portal allows for anonymous reporting of cybercrimes, making it easier for victims to seek help.
• The Digital Shakti program, launched by the National Commission for Women, provides safety tools specifically for women to navigate online spaces securely.
• Government-led Information Security Education and Awareness Programme spreads digital safety awareness.
• 67th Session of the Commission on the Status of Women: India, along with other UN member states, signed a declaration calling for the promotion of “secure, stable, accessible, and affordable ICT environments” for all women and girls.

Way Forward

• Strengthening Legal Frameworks: Enforcing stricter laws against online violence is essential. This includes ensuring swift justice for survivors which can act as a deterrence.
• Expanding Digital Literacy: Expanding digital literacy programs for women and girls is critical. These initiatives should include:
  • Integrating safe online practices into school curriculums
  • Offering community workshops for both women and men, across different age groups, to improve digital safety awareness
• Engaging Men and Boys as Allies: To address the root causes of gender-based violence, it is vital to engage men and boys in fostering respectful and inclusive digital spaces.
• Collaborating with the Tech Industry: While many platforms have introduced safety features, these need to be further enhanced. Artificial Intelligence (AI) can be leveraged to detect and remove abusive content proactively. 
  • Additionally, platforms should introduce user-friendly reporting mechanisms that empower users to report abuse effectively and efficiently.
• Robust Survivor Support Systems: It is equally important to develop survivor support systems to offer accessible counseling, legal aid, and rehabilitation services for victims of TFGBV. 
  • TechSakhi: Expanding the capacity of existing initiatives like TechSakhi, which provides accurate information and empathetic support, will ensure that survivors receive timely and effective assistance.

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Conclusion

As India marks the conclusion of the 16 Days of Activism Against Gender-Based Violence each year, the message of ‘Ab Koi Bahana Nahi’ (No More Excuses) resonates loudly. Ensuring the safety of women and girls online is not only a moral responsibility but also a crucial pillar of India’s progress in the digital era.

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The debate on ‘One Nation One Election’ overlooks the practice of candidates contesting from multiple constituencies (OCMC). This long-standing trend raises key concerns about its impact on democracy, governance, and voters.

History of OCMC

• Regular Elections: The Constitution of India mandates regular elections to the Legislative Assembly and the Lok Sabha every five years.
• Representation of the People Act, 1951: While the Constitution empowers Parliament to regulate the electoral process, the specific issue of candidates contesting from multiple constituencies is governed by the Representation of the People Act, 1951. 
• Need for Amendment in RPA: Initially, there was no limit on how many constituencies a candidate could contest. 
  • However, the situation became problematic when candidates began contesting from more than two constituencies, winning multiple seats, and then vacating all but one.
• 1996 Amendment in RPA: In response, the law was amended in 1996 to limit the number of constituencies a candidate could contest from to two.
• Aim of Amendment: This amendment aimed to discourage candidates from contesting multiple seats. 
  • Despite this, the practice continues, especially in State Legislative Assembly elections, resulting in frequent by-elections and increasing costs.
    • For Instance:  There were 44 by-elections for State Assemblies in November 2024 due to the resignation of sitting legislators.

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Challenges Arising from OCMC

• Financial Burden on the Public: Whenever a candidate vacates a seat after winning from multiple constituencies, it triggers by-elections. This increases the administrative costs of conducting elections, which is borne by taxpayers.

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• Disrupting Electoral Fairness: By-elections caused by candidates vacating seats within six months often favor the ruling party, as it mobilizes resources and offers patronage, creating an uneven playing field. 
  • This undermines parliamentary fairness and disadvantages the Opposition. 
  • Voters, hoping for welfare benefits, typically back the ruling party, reinforcing its dominance.
• Wasting Party Resources: The financial burden of organizing a by-election disproportionately falls on the defeated candidate and their party, forcing them to spend resources again.
• Undermining Democracy: The saying “Democracy is a government of the people, by the people, and for the people” suggests that elections should prioritize the needs of the people.
  • However, when a candidate contests from multiple seats, it often reflects the leader’s interests rather than the public’s, undermining democratic principles.
• Enhance Reach of the Candidate: OCMC is sometimes used to expand a leader’s influence, relying on their popularity for electoral success. This often highlights the leader’s dominance within the party.
  • For Instance: PM Modi during the 2014 general election had contested from two seats one in Gujarat another in Uttar Pradesh.
• Undermining Freedom of Speech: A 2023 petition (Ashwini Kumar Upadhyay vs Union of India) argued that when people elect a representative, they trust that person to be their voice.
  • Violating Article 19 (1)(a): OCMC undermines citizens’ fundamental right to freedom of speech and expression because until by-elections are not held people’s voices and demands are not raised.
  • Confusion Among Voters: This practice leads to voter confusion and discontent, as seen in Wayanad, Kerala, when Rahul Gandhi vacated his seat in 2024. Voter turnout dropped to 64.24% in the bypoll, compared to 72.92% in the general election.

International Perspectives on OCMC

While the practice of contesting multiple constituencies is common in India, it is not unique. Several countries have similar laws, but their approaches vary:

• Pakistan: Pakistan places no limit on the number of constituencies a candidate can contest, as seen in the 2018 elections when the former Prime Minister contested five seats and vacated four. 
• Bangladesh: Candidates were allowed to contest up to five constituencies until 2008, but this was later reduced to three constituencies.
• United Kingdom: The practice was once common but was banned in 1983 to ensure clear accountability and representation.

Reforming OCMC in India: Possible Solutions

• Banning OCMC: The RPA, 1951, particularly Section 33(7), can be amended to explicitly ban a candidate from contesting from multiple constituencies.
  • Recommendation by EIC: The Election Commission of India (ECI) recommended this change as early as 2004, and the Law Commission’s 255th report in 2015 also made a similar recommendation.
• Imposing Financial Penalties on Candidates: The ECI has proposed that the cost of by-elections triggered by OCMC should be recovered from the candidate who vacates a seat. This would serve as a deterrent to candidates contemplating contesting from multiple constituencies.
  • Might Not be Effective: However, given that political parties can often afford the costs, this may not be sufficient in the long run.
• Delaying By-Elections: One effective measure could be to delay by-elections for at least one year after a seat is vacated.
  • Reason for Delay: This would provide voters with enough time to make an informed decision and would give defeated candidates the opportunity to recover and strategize for the next election.
  • Amending Section 151A: The law could be amended to allow for this by changing Section 151A of the Representation of the People Act, 1951.
  • Might Not be Effective: Until the one-year period is over, the people of that constituency may be left without a voice in the legislature, as the seat remains vacant.

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Conclusion

While OCMC is an established practice in Indian politics, its negative consequences outweigh any potential benefits. In the spirit of the ‘one person, one vote’ principle, it is high time that India enforces the ‘one candidate, one constituency’ rule. Only with such a reform can we ensure a fairer, more transparent, and accountable electoral system that truly serves the people of the nation.

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