As Meghalaya gets ready for the Lok Sabha elections on April 11, the question whether ‘free and fair’ practice is feasible becomes pertinent, especially at a time when the Election Department is firing on all cylinders to convince voters that with some understanding and sensibility, a fool-proof electoral procedure is possible.
Gone are the days when the electorate in Meghalaya used to spend whatever they could to make their candidates win, leaving no room for them to lure voters with cash or kind.
Over the years, money power and intimidation have become the twin factors to hinder voters’ freedom and weaken democracy. Despite strict guidelines and hawk eyes of election officials, devious politicians get away with their malpractices.
“It is tough on the practical side. I think it has become a global phenomenon… A candidate may not have any burning issue and long-term planning to act upon if elected. However, he has enough money to spend on mundane things to please the voter,” says PBM Basaiawmoit, activist and author, about the practical aspect of the phrase ‘free and fair’.
In fact, most of the citizens whom Sunday Shillong spoke to feel that free and fair polls are difficult to practise but not impossible.
The Election Commission’s Handbook for Candidates, February 2019, says, “A free and fair election can be conducted only in a conducive atmosphere from the law and order point of view… An important pre-condition for fair election is to curb the money power which undermines the level playing field.”
A senior government official says there is not much muscle power in exercise in the state but money power definitely is a problem even after awareness campaigns.
Amanda S Lyngdoh, who will vote in the Lok Sabha election for the second time, is also convinced that “money power is 100 per cent playing its part in elections” and blames the public, besides politicians, for encouraging such practices.
“There is a fundamental problem. People always talk about the person who is giving bribe. But what about the taker? Legally, both are culpable,” the senior official says.
There are five sections under the Indian Penal Code which deal with election-related offences. While all but one are non-cognizable offences, all are bailable. For instance, bribery is a non-cognizable offence under Section 171E and invites imprisonment for a year or penalty or both. Failing to keep election accounts invites a paltry penalty of Rs 500 under Section 171 I. So it is easy for a repeat offender with deep pockets to slip out of the legal fetters.
Though Chief Electoral Officer Frederick Kharkongor admits that controlling money power is a challenge, he too says “it is a two-way process”.
It is indeed. A voter should understand the potential of democracy and how it empowers the common man. “A real democracy is where we have free and fair polls. Your vote cannot be purchased. Conscience plays a vital role for both the candidate and the voter. Change has to come from every quarter,” says educationist MPR Lyngdoh.
However, it is conscience that most human being lack and so more stringent laws become important.
Basaiawmoit says money power can be enfeebled by not giving freedom to political parties to get money from abroad.
“FCRA (Foreign Contribution Regulation Act) should be used against parties. There should be proper declaration with transparency on names of donors and it should be tax deductible,” he adds.
Education and awareness on democracy should start from senior school and the Constitution should be part of the curriculum so that children know what fundamental rights are and how they can fight for them, says OL Mawlong, a voter. Lyngdoh seconds her.
Many voters like Ananya Guha believe the media too play a key role in ensuring free and fair election. “It is possible only if huge sums of money are not spent on the media. And today it is largely synonymous with social media which is unfairly being used for politics and arousing hatred. We can have a free and fair election that is divested of money. Secondly, the electronic media should be forbidden to hold public discussions of it and also inviting leaders of political parties at least one month before the die is cast. Isn’t voting a ‘secret’? Then why have a public outcry before the hustings begin? The media must behave responsibly and here I specifically mean the electronic media,” Guha emphasises.
Sajay Laloo, a concerned citizen, cites the example of ‘Panaliar guidelines’ and urges everyone to emulate these.
The Panaliar locality in West Jaintia Hills has taken a pledge to keep money power away and has issued guidelines for candidates, supporters and voters.
According to the guidelines, no candidate is allowed to bring more than four vehicles into the locality during canvassing and only one candidate and one of his followers are allowed to speak. Candidates are not allowed to speak against another candidate but they have to focus on what made them contest elections and what are the promises in regard to the welfare of the constituency. “None from outside the locality is allowed to attend meetings. No tea is allowed to be served during meetings. No one from the locality except the village headman who presides over the meeting is allowed to give a speech during the meeting,” Laloo, who believes that in most places of Meghalaya elections are more or less fair, lists the guidelines.
Criminals in fray
Transparency is the key to an effective and efficient election management for transparency adds to the credibility of the election, states the EC Handbook.
To ensure this, the Election Commission has made it mandatory for a candidate to publish, at least thrice, in a public domain in case he or she has a past criminal record so that voters are aware of this negative antecedent.
“This rule will perhaps positively influence both parties and voters to select unblemished candidates. Just as muscle power was controlled to a large extent, efforts in the direction of controlling money power are also taking shape toward something more tangible whose impact will perhaps not be visible immediately but gradually,” assures Kharkongor.
Model code
There are many aspects of free and fair election and one is the model code of conduct, says the senior official.
The code deals with several issues pertaining to government and the party in power and this needs to be implemented in letter and spirit and the Election Department or any of its officials should not be intimidated by political parties or give into the lure of lucre.
“Besides, officials should act on all complaints. Awareness among voters is important and NGOs should also help in doing so. Creative awareness is necessary, which the Election Department is doing,” he adds.
The Election Commissioner has come up with apps like C-Vigil that gives voters the opportunity to report malpractices instantly. Large scale use of technology like EVM and VVPAT, video cameras, CCTVs and webcasting is undeniably making the electoral process freer and fairer than years gone by, Kharkongor says.
Churches of all denominations also contribute their bit and issue statements from time to time during elections. “NBut what is the percentage of those respecting and following the guidelines,” wonders Basaiawmoit.
“What is vital is educating not simply on the muscle and money powers… but on the whole matter of governance, politics and elections. And our individual, collective, joint response as responsible citizens and religious minded (divine consciousness) should be there,” he adds.
The Youth Committee of the KJP Synod Sepngi in 2012 made an attempt to make people at the grassroots level aware of the consequences of unfair polls. It urged its affiliates at the local level to arrange seminars, consultations but the response was 50-60 per cent. “Quite good but not followed through and made regular. I believe that this should be an inter-faith exercise and it might help stop exploiting religion to win elections,” says Basaiawmoit.
Voters’ duty
Winston Churchill once said “the best argument against democracy is a five-minute conversation with the average voter”. The witty statesman’s words are applicable in our country even today.
Lack of knowledge about the Constitution and basic rights of citizens in a democracy is an impediment for holding free and fair election. Poverty is another problem.
For those living in penury, it is natural to accept money in exchange of vote. After all, voting does not put food on the table, at least not immediately.
And with the current weak education system in India, only a few know about their rights. In a situation like this, authorities concerned should make voters, especially the economically backward, understand the long-term consequences of unfair practices and how corrupt politicians will never fight for the constituents’ cause or their empowerment lest it boomerangs on them.
On their part, voters should be cautious and should value democracy. Archbishop Dominic Jala said the giver of money and the taker are equally responsible for the aberration. Jala, who is the president of the North East India Regional Bishops’ Council, wants a change in voters’ outlook in the North East.
“They should not see the short-term effects but should be far-sighted and reject money. What does it take to stop a corrupt politician? If anyone tries to buy your vote, just go and lodge an FIR. You cannot live in fear. Voters have to unite against wily politicians, who think money can buy anything, to make the election free and fair,” asserts Lyngdoh.
~ NM
(Photos provided by the Election Department)