Madras HC Condemns Involving Children in Political Campaigns

Madras HC Condemns Involving Children in Political Campaigns

#GS-2 #Governance & Social Justice #Elections #Vulnerable Sections #Rapid Fire CA #Quick Facts For Prelims

Key takeaways

  • The Madras High Court observed that Parliament should decide whether deploying children in political campaigns should void an election result.
  • Court rulings clarify that children persuading parents does not constitute undue influence under Section 123(2) of the Representation of the People Act, 1951.
  • Current law under Section 100 of the Representation of the People Act, 1951 lacks statutory grounds to cancel elections for using child campaigners.
  • The Election Commission of India (ECI) enforces zero tolerance for child participation in political activities under the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986.

Madras High Court Ruling on Children in Political Campaigns

  • The Madras High Court recently suggested that Parliament should evaluate if involving children in election rallies should void a candidate's victory.
  • The court ruled that asking children to influence their parents does not qualify as undue influence or a corrupt practice under Section 123(2) of the Representation of the People Act, 1951.
  • Judges noted that persuasion by children cannot override the free choice of adult voters who make their own decisions.
  • Despite the legal outcome, the court strongly criticized the practice as politically motivated, cheap, and a reflection of bad parenting.
  • The Election Commission of India (ECI) maintains a strict zero-tolerance approach against using children to carry party flags, shout slogans, or join rallies.
  • The ECI clarifies that children simply walking near political leaders alongside their parents without active campaigning is not a violation.
  • Political parties must strictly follow the Child and Adolescent Labour (Prohibition and Regulation) Act, 1986, with local election officers tasked to enforce it.
  • A major legal gap remains because Section 100 of the Representation of the People Act, 1951 does not list child campaign misuse as a direct ground to declare an election void.
  • International standards like the UN Convention on the Rights of the Child (UNCRC) and UNICEF guidelines differentiate genuine civic involvement from political exploitation.