Skip to main content

Compulsory voting law in Gujarat: Modi "abstained" from House when law was introduced in Dec 2009

OP Kohli
By Our Representative
Gujarat governor OP Kohli’s recent decision to legitimise the controversial law, passed in the state assembly twice in the past, to make voting to local governing bodies compulsory, has come following five-year-long apprehensions in Gujarat that those who do cast their vote without “valid” reasons would face punitive, perhaps criminal, action. Called Gujarat Local Authorities Law (Amendment) Act, the law was first passed in the Gujarat state assembly on December 19, 2009. Interestingly, when the law was voted in the assembly, Gujarat chief minister Narendra Modi was not present in the House. He, instead, opted to "watch" the proceedings sitting in the chief minister’s chamber of the state assembly.
The law is known to have been drafted under the direct advice of Modi following "consultations" with the State Election Commission, responsible for holding local body polls, say insiders. Among those who took special interest in drafting the was was senior IAS bureaucrat Rajnikant M Patel, a Marxist-turned-saffron supporter, who resigned from the government to fight state assembly polls on BJP ticket in December 2012. Justifying the lw, Modi declared said that it would help “curb black money, rampant in electoral expense right now.” He did not explain how. Patel is currently BJP MLA from a constituency in Ahmedabad.
While the punitive actions are to form part of the rules to be drafted by the Gujarat government, and placed in the state assembly for a nod, the officials who drafted the Bill say these should include depriving individuals of advantages from government scheme. “If the citizen has rights, he or she should also have duties towards democracy”, a senior bureaucrat, who was one of the brains behind the compulsory voting law, said. If all goes well and it is not challenged, the law will take effect in the forthcoming elections to six municipal corporations, 31 district panchayats, 231 taluka panchayats and 53 nagarpalikas in Gujarat are due in October 2015.
The law defines the the voter failing to turn up to vote as “defaulter”, and the government will decide on what do with such a person. “Such defaulters may be deprived of below poverty line (BPL) card, government service, or subsidized loan”, the bureaucrat said. The defaulter will be declared as such by the election officer after serving notice to be replied within one month, explaining the reason for failing to vote.
The exempted category include a person who is “physically incapable due to illness”, or is “absent in on the date of election from the country or the state of Gujarat”. If the explanation is not to the satisfaction of the election officer, the defaulter would "face the tune."
Dr Kamla
Former governor Dr Kamla, who refused to sign the law twice, gave three reasons for her decision. First of all, to make voting to all local self-governing bodies compulsory was a violation of Article 19 of the Indian Constitution, which gives Indian citizens freedom of speech and expression. Secondly, the provision which seeks to punish those who do not turn up to vote was considered violation of the fundamental freedom of citizens. And lastly, there were several countries where compulsory voting had failed. These included Italy, Netherlands, Austria and Peru.
Dr Kamla also objected to clubbing the compulsory voting provision with 50 per cent reservation for women in local bodies as part of the same low. Objecting to this, Dr Kamla asked the government to come up with a new law, dropping the provision of compulsory voting, and preserving 50 per cent reservation, up from 33 per cent, for women in local bodies. But the Gujarat government refused to oblige.
In line with Dr Kamla’s views, the Opposition Congress all along demanded that the Gujarat government should come up with a separate bill in the forthcoming state assembly session to provide 50 per cent reservation to women in local bodies. “If the ruling BJP comes up with a separate bill on it, we will support it”, then opposition leader Shaktisinh Gohil had said, adding, “Several countries, which had made voting compulsory have reconsidered the provision, as they could not enforce it.”

Comments

TRENDING

Loktantra Bachao Abhiyan raises concerns over Jharkhand Adivasis' plight in Assam, BJP policies

By Our Representative  The Loktantra Bachao Abhiyan (Save Democracy Campaign) has issued a pressing call to protect Adivasi rights in Jharkhand, highlighting serious concerns over the treatment of Jharkhandi Adivasis in Assam. During a press conference in Ranchi on November 9, representatives from Assam, Chhattisgarh, and Madhya Pradesh criticized the current approach of BJP-led governments in these states, arguing it has exacerbated Adivasi struggles for rights, land, and cultural preservation.

Promoting love or instilling hate and fear: Why is RSS seeking a meeting with Rahul Gandhi?

By Ram Puniyani*  India's anti-colonial struggle was marked by a diverse range of social movements, one of the most significant being Hindu-Muslim unity and the emergence of a unified Indian identity among people of all religions. The nationalist, anti-colonial movement championed this unity, best embodied by Mahatma Gandhi, who ultimately gave his life for this cause. Gandhi once wrote, “The union that we want is not a patched-up thing but a union of hearts... Swaraj (self-rule) for India must be an impossible dream without an indissoluble union between the Hindus and Muslims of India. It must not be a mere truce... It must be a partnership between equals, each respecting the religion of the other.”

Right-arm fast bowler who helped West Indies shape arguably greatest Test team in cricket history

By Harsh Thakor*  Malcolm Marshall redefined what it meant to be a right-arm fast bowler, challenging the traditional laws of biomechanics with his unique skill. As we remember his 25th death anniversary on November 4th, we reflect on the legacy he left behind after his untimely death from colon cancer. For a significant part of his career, Marshall was considered one of the fastest and most formidable bowlers in the world, helping to shape the West Indies into arguably the greatest Test team in cricket history.

Swami Vivekananda's views on caste and sexuality were 'painfully' regressive

By Bhaskar Sur* Swami Vivekananda now belongs more to the modern Hindu mythology than reality. It makes a daunting job to discover the real human being who knew unemployment, humiliation of losing a teaching job for 'incompetence', longed in vain for the bliss of a happy conjugal life only to suffer the consequent frustration.

A Hindu alternative to Valentine's Day? 'Shiv-Parvati was first love marriage in Universe'

By Rajiv Shah  The other day, I was searching on Google a quote on Maha Shivratri which I wanted to send to someone, a confirmed Shiv Bhakt, quite close to me -- with an underlying message to act positively instead of being negative. On top of the search, I chanced upon an article in, imagine!, a Nashik Corporation site which offered me something very unusual. 

Andhra team joins Gandhians to protest against 'bulldozer action' in Varanasi

By Rosamma Thomas*  November 1 marked the 52nd day of the 100-day relay fast at the satyagraha site of Rajghat in Varanasi, seeking the restoration of the 12 acres of land to the Sarva Seva Sangh, the Gandhian organization that was evicted from the banks of the river. Twelve buildings were demolished as the site was abruptly taken over by the government after “bulldozer” action in August 2023, even as the matter was pending in court.  

Will Bangladesh go Egypt way, where military ruler is in power for a decade?

By Vijay Prashad*  The day after former Bangladeshi Prime Minister Sheikh Hasina left Dhaka, I was on the phone with a friend who had spent some time on the streets that day. He told me about the atmosphere in Dhaka, how people with little previous political experience had joined in the large protests alongside the students—who seemed to be leading the agitation. I asked him about the political infrastructure of the students and about their political orientation. He said that the protests seemed well-organized and that the students had escalated their demands from an end to certain quotas for government jobs to an end to the government of Sheikh Hasina. Even hours before she left the country, it did not seem that this would be the outcome.

Will Left victory in Sri Lanka deliver economic sovereignty plan, go beyond 'tired' IMF agenda?

By Atul Chandra, Vijay Prashad*  On September 22, 2024, the Sri Lankan election authority announced that Anura Kumara Dissanayake of the Janatha Vimukthi Peramuna (JVP)-led National People’s Power (NPP) alliance won the presidential election. Dissanayake, who has been the leader of the left-wing JVP since 2014, defeated 37 other candidates, including the incumbent president Ranil Wickremesinghe of the United National Party (UNP) and his closest challenger Sajith Premadasa of the Samagi Jana Balawegaya. 

Green Revolution’s reliance on chemical fertilizers, pesticides contributing to Punjab's health crisis

By Bharat Dogra, Jagmohan Singh*  Punjab was once synonymous with robust health, particularly in its rural areas, where farmers were known for their strength and vitality. However, in recent years, reports from these villages tell a different story, with rising cases of serious health issues, including cancer. What led to this decline? The answer lies largely in the erosion of good nutrition, once a hallmark of Punjabi village life. The health of a population is closely tied to its nutrition, and Punjab's reputation as a provider of high-quality nutrition has suffered greatly. The loss of biodiversity in agriculture has led to a decrease in the variety and quality of crops, resulting in poorer nutrition. Pulses, a key source of protein, have seen a steep decline in cultivation due to the disruption of traditional farming practices by the Green Revolution. This has had a detrimental effect on both soil and human health. Although pulses are still available in the market, they are exp

Tributes paid to pioneer of Naxalism in Punjab, who 'dodged' police for 60 yrs

By Harsh Thakor*  Jagjit Singh Sohal, known as Comrade Sharma, a pioneer of Naxalism in Punjab, passed away on October 20 at the age of 96. Committed to the Naxalite cause and a prominent Maoist leader, Sohal, who succeeded Charu Majumdar, played hide and seek with the police for almost six decades. He was cremated in Patiala.