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May 14, 2024

Madhavi Latha Faces Backlash in Hyderabad Niqab FIR Case

Why in the News? 

The BJP candidate in Hyderabad, Madhavi Latha, was recently seen asking niqab-wearing women voters to remove their face coverings so she could verify their identities.

Hyderabad Police registered a Niqab FIR against Latha under IPC sections pertaining to undue influence at an election (171C), obstructing a public servant (186), and intent to incite (505(1)(c)), and Section 132 of The Representation of the People Act, 1951 (misconduct at the polling station).

Section 132 of The Representation of the People Act, 1951 ( Penalty for misconduct at the polling station)

(1) Any individual who misbehaves or does not follow the lawful instructions of the presiding officer during polling hours may be asked to leave the polling station by the presiding officer or an on-duty police officer.

(2) The authority under sub-section (1) must not act in a way that denies any eligible voter the chance to cast their vote at their designated polling station.

(3) Any individual who, after being removed from a polling station, enters it again without the presiding officer’s permission may face imprisonment for up to three months, a fine, or both.

(4) An offense under sub-section (3) will be treated as cognizable.

About IPC Section 171C:

IPC section 171C deals with undue influence at elections in India. It basically prohibits actions that could pressure voters or candidates into voting a certain way.

Main provision (Subsection 1): It says that whoever intentionally interferes with someone’s ability to freely exercise their electoral rights commits this offense. Electoral rights include voting and contesting elections.

Examples of undue influence (Subsection 2): The law gives specific examples of what counts as undue influence. These include:

Threats: Threatening a voter or candidate (or someone they care about) with harm.

Exploiting religious beliefs: Trying to convince a voter or candidate that voting a certain way will anger God or hurt their spiritual standing.

Important exceptions: It’s not undue influence if someone:

  • Share their opinions on political issues in public.
  • Promises to take specific actions if elected (as long as it’s a legal promise).
  • Exercises their own legal rights without intending to affect someone’s vote.

 About IPC Section 186:

It deals with obstructing a public servant in their official duties. Here’s a breakdown of the section:

Offence: Whoever voluntarily obstructs any public servant in the discharge of their public functions.

Public Servant: This refers to anyone working in a government role with powers given by the state for public welfare. This can include police officers, firefighters, bureaucrats, etc.

Public Functions: These are lawful actions carried out by the public servant using their official authority.

Voluntarily Obstructs: This means intentionally interrupting or hindering the public servant from performing their duties. It’s important to note that unintentional obstruction wouldn’t be covered under this section.

The punishment for this offense can be imprisonment for up to 3 months, a fine of Rs500, or both.

About IPC Section 505(1):

It deals with statements conducive to public mischief. It specifies that any person who creates, shares, or spreads a statement, rumor, or report that:

(a) Aims to provoke, or is likely to provoke, any officer, soldier, sailor, or airman in the Indian Armed Forces to rebel or neglect their responsibilities, or

(b) Has the intention, or is likely, to create fear or alarm among the public or any part of it, prompting them to commit acts against the State or disturb public peace.

(c) Intends to incite, or is likely to incite, any class or community of persons to commit any offence against any other class or community, shall be punished with imprisonment for a term that may extend to three years, or with fine, or with both.

 


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