As we head towards the next election season, which automatically will also be the largest such exercise in human history, here is a proposition that could offer some food for thought. In the coming months, there will be political and academic debates on a plenty of electoral issues - inter alia - transparent donations to political parties, decriminalization of politics, cap on the election related expenditure by candidates, simultaneous elections for Parliament and state legislatures, women's reservation bill, demand to move away from FPTP to some proportional representation scheme, more tooth to NOTA, combating fake news & social media manipulation, curbing communalism & hate speech. However, this write-up is going to deal with a novel suggestion.
In 2018, the world witnessed a number of school children led activism - remarkable among them are the protests in Bangladesh for better road safety regulations, protests organized by Australian school students demanding more actions to address climate change, and student led rallies under the banner "March for Our Lives", across multiple US cities seeking stronger gun control. Without an iota of doubt, the right to peacefully assemble and the right to express oneself are important facets of democratic life. How about giving our children their rightful democratic place, by making their views matter, as a matter of course? Every generation is more capable and smarter than the preceding one, if not by virtue of improving IQ, but definitely so by virtue of the access to better resources. All the examples cited above point to just one fact that children globally have started to act based on their realization that they are affected by public policy, a sphere where they hardly have any say.
The most beautiful thing about democracy is that it is an ever evolving idea, with progressive realization of rights in every manner. Democracy must beget democracy. In an ever-advancing society, things must only get better. It is, therefore, in the fitness of things that we seek to step into the next stage that will further deepen our democracy. The State must pay attention to the voice of all its peoples in full measure. This idea is elegantly captured by the Latin phrase "Vox populi, vox Dei" which means "The voice of the people is the voice of God." But, whom are we referring to by the word "people"? The definition of "people" itself has become increasingly inclusive with the passage of time. The old's oldest democracy in existence today (read the USA) permitted only white, land-owning, (or tax-paying) male citizens to vote during the initial years of the Union. It was not until the Civil rights movement of 1960s, that the true meaning of the unalienable rights cited by Thomas Jefferson when he wrote "All men are created equal" could come to fruition. Today, this oldest democracy exports democracy to places where it is unknown. Keeping geo-politics aside, let us think for a moment about the next greatest thing that India could offer to the world.
In order to drive home the idea and to make it more interesting, it would not be out of place to make a comparison of a right and a liability of children vis-a-vis their age under the extant law. Article-326 of the Indian constitution provides for universal adult suffrage to be the foundation for elections to the Lok Sabha and to the State Assemblies. The voting age, according to this article originally used to be 21. The Constitution (Sixty-first Amendment) Act, 1988, lowered the voting age for elections to the Lok Sabha and to the Legislative Assemblies of States from 21 years to 18 years. It was a watershed moment as much as the then parliamentarians recognized the significance of enfranchising those aged between 18 and 21. Hence, it was a truly empowering move for the youth.
Now, let us pick an example from a different law that imposes liability on children, for sake of our comparison. The Juvenile Justice (Care and Protection of Children) Act, 2015 enables the State to try as adults, those juveniles in conflict with law, in the age group of 16–18, involved in Heinous Offences. The premise here is that, in cases where the Juvenile Justice Board certifies that the juvenile delinquent in question has committed the said crime as an "adult" by virtue of his mental maturity, despite his/her chronological age being 16-18, law can permit the delinquent to be tried as an adult. This premise is still being widely debated. I am not going to examine the merits of this premise. Let us, for a moment assume that this provision passes the test of constitutional morality. When it comes to imposing a juvenile (aged 16-18) with liability, law undergoes flexibility and permits a provision applicable otherwise normally only to adults to be applied to juveniles. Then, by extension, it must not be difficult for us to contemplate of a new reality where juveniles can be accorded rights, which are normally applicable to only adults.
My intent here is to stoke a debate on the usefulness and the challenges of having the voting age lowered to 16 from the current 18. Many of today’s problems require us to calibrate our actions with a longer time horizon in mind. For example, the education and skilling of the next generation, nurturing entrepreneurship, ensuring materialistic prosperity, addressing the challenges of climate change, pollution, malnutrition, combating hatred & violence and so on. The public policy in all these domains are of much interest and relevance to the younger generation. They are also the ones who are disproportionately affected by bad public policy.
Very few countries in the world, have already lowered the voting age to 16 and that too in a limited scope (like local elections). Hence, as such we do not have a proof of concept yet. But, the upcoming general elections could be an opportunity to tell the world, how inclusive democracy can evolve to the next stage. Victor Hugo stated this best: “Nothing is more powerful than an idea whose time has come.” What is needed is a pragmatic, non-ideological and futuristic vision. For our rulebook, the Constitution of India, to be called a dynamic document in the true sense, it has to be responsive to societal dynamics.
We need to think about the benefits – both direct and collateral – that would ensue if this proposition is given effect. By extrapolating the 2011 census data, by 2019 the population in the age group 16 and 17 works out to slightly above 50 million. This big a number can make or mar electoral fortunes and this age group will automatically be regarded a valuable vote bank by our aspiring legislators because being in their good books would be in the aspiring legislators’ long-term interest. As a collateral benefit, we will see politico-economic literacy percolating to this age group and it must not be a wonder if we see a fall in the average age of our legislators in the coming decades (although this write-up doesn’t advocate a reduction in the candidate’s age). It’s time to hold accountable, the powers that be, for the vices plaguing the society. The children of this nation are manifestly proving themselves to be active stakeholders and yet, if we refuse them their say in shaping their future, it would be unfair & gross injustice and contrary to constitutional ethos.
A decade after the enactment of the Right to Education Act, 2009, if my current proposition appears unworkable, then it is as much the failure of the State itself as much it is of the children and their parents, for the said act has clearly shifted the onus of providing free and compulsory education on the State itself.
I am neither a political theorist nor a practitioner of politics, but I can say with pride that I hold a portfolio that is magnificent than the above two. I am a fan of democracy and democratic processes. It is with this right that I am making this proposition.
Dear India, the children of this country are watching. Do the right thing and do it with conviction. The present is always the best moment to do a right thing. And, remember that nothing can stop an idea whose time has come.
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