How constitutional is the EC’s demand to ban political gatherings?

In an unprecedented move, the Election Commission (EC) has sent a letter to the home ministry, asking that political parties be stopped from holding rallies and other public events that may obstruct the election process and discourage people from casting their votes. The commission has suggested that the measures be in place from December 18, 2023 to January 7, 2024. We are at a loss to understand on what grounds the EC can make such a demand of the government.

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Dead men tell no tales—but they do in police cases

To begin, the right to assemble and participate in public meetings is a fundamental human right, enshrined in the constitution. As long as demonstrations are peaceful and law-abiding, what justification can there be for a blanket ban on all political gatherings in a country that still calls itself a democracy? If the EC is concerned with unruly or unlawful behaviour, the law enforcement authorities are there to intervene and bring things under control. In fact, over the past few months, we have seen them take increasingly high-handed measures during gatherings and demonstrations against BNP and like-minded parties. At a time when the EC should be ensuring that the government allows all political parties to carry out their activities peacefully and without fear of arrests or unwarranted obstructions, we are disappointed to see them take a diametrically opposite stance.

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Are we running in circles?

If the EC is really concerned about voter turnout, then it ought to ask itself whether the election that it is so ceremoniously organising, spending Tk 1,600 crore of public funds, will actually inspire confidence in voters to exercise their voting rights in the absence of the biggest opposition party, its allies, and left-leaning political parties. Having failed to ensure a level playing field since its term began, or bring together the major parities in a meaningful dialogue, the EC now wants to ban all political demonstrations altogether in a move that is tantamount to cutting the head off to get rid of a headache.

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Election Commission's burden of a looming non-inclusive election

We should not have to remind the EC that an election is about the people's right to choose their own representatives. If citizens are unhappy with the electoral process and feel that their right to vote is being violated, then surely, citizens also have the right to express this dissatisfaction. If the EC is truly concerned about voter turnout, then it's time for it to do some serious soul-searching. Instead of addressing the underlying issues that are likely to deter voters from participating in the upcoming election, banning political gatherings altogether will only raise further questions about the EC's independence from the government and erode people's confidence in it.