SOMETIMES, when obduracy springs from antediluvian notions of ‘honour’ and ‘tradition’, it makes sense to spell out the obvious. And the proposal by the ECP, to expand the scope of “undue influence” to include agreements to restrain women from either voting or contesting an election, falls in this category.

At present, Section 81 of The Representation of the People Act, 1976 which deals with “undue influence”, does not specifically refer to such agreements, although it does define “harm” (threatened by those exercising undue influence) as comprising “social ostracism or ex-communication or expulsion from any caste or community”.

Punishment for “undue influence”, which falls under “corrupt practice”, is imprisonment for a term which may extend to three years, or a fine of up to Rs5,000, or both. The new proposal calls for empowering the ECP to declare an election void partly or entirely if it finds women voters disenfranchised under such an agreement, and to order filing of a complaint in court against those who are party to it.

Also read: Proposal to curb practice of stopping women from voting

In the lead-up to last year’s general elections, the ECP had stated it would go the extra mile to ensure the participation of women. To its credit, it did follow through on its pledge to some extent. For instance, it ordered re-polling at two polling stations at Battagram after receiving reports that women voters registered there were not allowed to cast their ballot on election day.

However, not a single woman reportedly turned up to vote on the day of re-polling either, highlighting the intractability of a problem that is reinforced through threats of social ostracism, not to mention outright violence. Shamefully, political parties, even those who speak of women’s rights otherwise, are also often guilty of colluding to deprive women of their right of franchise.

In the case of the Battagram re-poll, the ECP took no further action. The proposed electoral reform, however, should give the body the legal cover to never again accept such an outcome as a fait accompli.

Published in Dawn, September 20th , 2014