Children in Political Campaigns: Legal and Ethical Debate
Illustration highlighting children’s involvement in political campaigns, voters’ freedom of choice, and ethical concerns surrounding the protection of children’s rights.
Children in Political Campaigns: Legal and Ethical Debate
- On 15 October 2026, the Madras High Court rejected an election petition concerning the Salem North Assembly constituency.
- It criticised the involvement of children in political campaigning but ruled that the allegations did not establish undue influence sufficient to invalidate an election.
Background
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Constitutional and Legal Framework
- Article 324 empowers the Election Commission of India (ECI) to supervise, direct and control elections. Section 123(2) of the Representation of the People Act, 1951, addresses undue influence on electoral rights; Section 100 provides grounds for declaring an election void.
- The ECI’s 5 February 2024 instructions prohibit the use of children in election campaigns, including rallies, canvassing and slogan-shouting.
- The Court held that breaching such instructions does not, by itself, establish a statutory ground for setting aside an election.
Judicial Reasoning
- The Court held that emotional appeals made through children did not automatically overpower adults’ free will.
- Alleged conduct by a political party leader could not automatically be attributed to an individual candidate without the required legal connection.
- It characterised the political use of children as inappropriate and indicated that Parliament could consider stronger statutory safeguards.
Child Rights and Democratic Concerns
- Using minors for partisan mobilisation can create risks of manipulation, psychological pressure, privacy violations and online exposure.
- The UN Convention on the Rights of the Child recognises children’s rights to expression and participation, but protection and age-appropriate safeguards remain essential.
- Civic education and informed political discussion differ from organised campaigning designed to influence voters.
Way Forward
- Clearer enforcement mechanisms, accountability for campaign organisers, safeguards for digital content and child-sensitive grievance channels could reduce exploitation.
MCQ / बहुविकल्पीय प्रश्न
Q1. Consider the statements:
(1) Section 123(2) of the Representation of the People Act, 1951 deals with undue influence. (2) Section 100 specifies grounds for declaring an election void.
(3) Every ECI advisory violation automatically invalidates an election.
Which are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) 1, 2 and 3.
Answer: (a)
Explanation: Statements 1 and 2 are correct; advisory violations do not automatically invalidate elections.
Q2. Consider the statements:
(1) The ECI issued instructions on children’s involvement in campaigning on 5 February 2024. (2) Article 324 concerns ECI election supervision.
(3) Parental consent creates a general exception permitting children to shout slogans at election rallies.
Which are correct?
(a) 1 and 2 only
(b) 2 and 3 only
(c) 1 and 3 only
(d) All three
Answer: (a)
Explanation: The 2024 instructions do not establish the parental-consent exception described in statement 3.