Mooting guidelines to bar use of children in election campaigns: ECI to Madras High Court

The Election Commission of India (ECI) has informed the Madras High Court that it will examine whether guidelines are needed to restrain use of children in election campaigns by political parties [Vasuki Vs Election Commission of India]

The submission was made by Chief Electoral Officer (CEO) Archana Patnaik in response to a petition seeking investigation into alleged corrupt practices by Tamilaga Vettri Kazhagam (TMK), Dravida Munnetra Kazhagam (DMK) and All India Anna Dravida Munnetra Kazhagam (AIDMK) during the recent Tamil Nadu assembly elections.

"In so far as the desirability of permitting campaigns which are addressed towards children who are not voters so that they may persuade their parents and elders at home, in the age of social media access will be examined and if required suitable guidelines will be put in place if the situation warrants,” the CEO said.

The petitioner before the Court alleged that appeals were made to children to influence their parents in relation to voting preference. The plea also raised allegations of distribution of money and electoral bribery.

However, the ECI said the petition was not maintainable. Nevertheless it also submitted that children cannot be employed for election-related activity, either by election officials or by political parties.

It referred to its February 5, 2024 press release, by which political parties and candidates were asked to refrain from using children in political campaigns in any manner.

However, the ECI said that the present petition did not refer to any particular or direct instance of children having been part of the campaign.

It also said that voting takes place in secrecy and thus, there can't be a presumption of any indirect pressure on voters.

“All voters are adult individuals and are capable of taking their own decisions and are protected by law for maintaining secrecy of such vote and there cannot be any presumption of there having been indirect pressure to vote for a particular party,” the electoral body said.

The ECI added that undue influence on a voter is a corrupt practice under Section 123 of the Representation of the People Act, 1951.

However, instances that clearly fall within the definition of undue influence must be examined in accordance with law to have any implication on concluded elections, it added.

On the allegation of money distribution during the recent assembly elections, the ECI said several measures had been put in place for election expenditure monitoring.

It said flying squads, static surveillance teams and video surveillance teams had been constituted to prevent distribution of money.

It was also submitted that ₹599.24 crore were seized in Tamil Nadu till April 22 after activation of the Election Seizure Management System. These seizures were made by 2,283 flying squad teams and 2,221 static surveillance teams.

The ECI also said allegations of bribery and inducement of voters are already covered by the Bharatiya Nagarik Suraksha Sanhita (BNSS) and the Representation of the People (RP) Act.