In the new Lok Sabha, nearly 29% of the cases are related to rape,
murder, attempt to murder or crime against women. - ADR
Politicians are the people who regulate the nation and make laws. The problem arises
when these lawmakers themselves are from criminal background. They tend to create a system which is corrupt and support the crimes.
The cost of corrupt system is higher. Poorest countries are being led by corrupt officials and that costs the world one trillion dollar.
Nearly
half of the newly-elected Lok Sabha members have criminal charges against them,
a 26% increase as compared to 2014, according to the Association of Democratic
Reforms (ADR).
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The cost of corrupt system is higher. Poorest countries are being led by corrupt officials and that costs the world one trillion dollar.
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| Hansraj-Gangaram-Ahir- The-most-number-of-criminal cases filled against him till 2014 A candidate of BJP, Maharastra |
It is not difficult to understand that why does India lack in women safety, and
stands higher in corruption, as when corrupt and criminals who have severe
charges like rape, murder etc. have been holding the crucial position as a
lawmaker.
There were 521 MP's (Member of Parliament) winners in 2009, and 30 percent
of these, that means 158 MP's faced criminal charges. The percentage of such
MP's was 24 percent in 2004.
In 2014 also there were criminals who wanted to represent the democracy.
34% winners’ of 2014 elections (Lok Sabha Elections) were having criminal
charges against them.
No major political party can claim that it has not given tickets to
candidates with criminal cases in 2019 Lok Sabha election. India is a big
country, therefore to elect the Prime Minister of India, the elections happen
in phase. As it is almost impossible to manage the election on the same date in
India.
The Lok Sabha elections happened in 7 Phase.
In terms of total number of candidates with criminal records in the first
phase, according to the Association for Democratic Reforms (ADR). The first
phase of Lok Sabha Election 213 (17%) have declared they are facing criminal
cases of which 146 (12%) face serious criminal charges, whereas as in second
phase out of total 251 candidates, 167 have serious criminal cases.
The Party-wise Data of Criminal Politicians
According the ADR, the BJP has 116 MPs or 39% of its winning candidates with
criminal cases, followed by 29 MPs (57%) from the Congress, 13 (81%) from the
JDU, 10 (43%) from the DMK and nine (41%) from the TMC.
In 2014, 185 Lok Sabha members (34%) had criminal charges and
112 MPs had serious criminal cases against them. In 2009, 162 (nearly 30%) out
of the 543 Lok Sabha MPs had criminal charges and 14% had serious criminal
charges.
- The ADR
In 2018, the Central Government informed the Supreme Court that there were
1765 MP’s and MLA’s who faced criminal charges. That was 36 % of total Member
of Parliament and Member of Legislative Assembly.
The total strength of State’s Legislative Assembly members and Member of
Parliament stands 4896 according to 2018 data.
Third phase of Lok Sabha election, India National Congress tops the list as
40 of its total 90 candidates (over 44% candidates) in this phase have declared
criminal cases listed against them.
The congress is followed by ruling
BJP as 38 of total 97 BJP candidate (39%) have declared criminal record in
their election affidavit.
These two parties are followed by BSP which has fielded 11 candidates with
criminal record the phase. while 7 CPM candidates have declared criminal
records, shiv sena has also fielded 7 such candidates, NCP has fielded 6
candidates with criminal record, followed by Samajwadi party 5 candidates and All
India Trinamool Congress 4 candidates.
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Statewise-Pending-Criminal-Cases
Image Source- TimesofIndia
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In Bengal the highest number of candidates with criminal cases contesting
in phase 5 of the election. The Trinamool has the richest ones. six of the
BJP's seven candidates have criminal cases recorded against them, while three
each of the Trinamool and CPI(M) have similar cases registered against them.
Two congress candidates also featured in the list, released by Association for
Democratic Reforms.
Moreover, the data shows that Trinamool candidates- with an average
property of 5 crore and- are the richest; BJP is distant second with an average
property of 85 rupees lakh plus.
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The primary source for the data used
for these reports is the sworn affidavits provided by the candidates
themselves.
What does happen when
criminals join the politics?
The money could not be retained by the developing nations as due to corrupt
and criminals into system there remains a silent support to money launders, tax
evaders etc. Criminal politicians misused their powers in countries and people
stop believing in system – that again is not a healthy indication for society.
When it comes to criminals, India holds significant number of legislators,
lawmakers and politicians who have severe charges of crime against them.
Across India there is a well-developed Nexus between crime and
politics. One- Third of the national
legislators face at least one ongoing criminal case. There are various Politicians who have severe
charges like kidnapping, attempted murder, banditry, rape etc. In states politicians are even given charges
of Prison Ministry, so it is evident that what happens when criminals join the
politics.
The association between crime and electoral politics dates back to the
early pre - independence years when political parties would strike deals with
strongmen or goondas.
Gradually criminals started moving to centre stage instead of working for
politicians they started joining the politics.
In 1984, reports suggest around 8 percent of UP state – level politicians
faced severe charges while that time people were scared to complaint. In 2010,
the criminal politician’s share increased more than 5 times.
Why do criminals get tickets
to be MP’s and MLA’s?
People often believed that the crowd is ignorant and illiterate that is why
people who face severe criminal charge join the politics. However, the reality
on the ground is different. There are various reasons for criminals to join the
politics.
The very first reason is, under Representation of People Act of RPA, which has
entire provision of elections for MP’s and MLA, does not bar politicians from entering in politics.
This provision was for saving the voice of democracy, and as being accused
of ‘criminal charges’ does not make a person guilt until proven guilty. For
sure, this provision has been widely misused even guilty are not guilty until
proven guilty.
The second reason is the people often find it rational to vote for criminal
politicians due to fear and for their selfish motives. The rule of law is weak and social divisions
as caste, ethnicity, and religious differences run deep.
Candidates use their crimes
as honor and being brave against other communities sometimes, these criminals
are even seen as heroes because they commit crime against the different
community which helps them in getting popularity and votes.
The benefits of being with these strongmen are far higher than the support
received from the government or from the law enforcement agencies.
Third reason which is very prominent – the money. Criminals have hard cash
and the high cost of elections demand such sources of money. Criminals often
are self-financing and self-sustaining candidates who don’t drain political
parties during elections.
Criminals have a fearful presence, they eliminate competition, and they
win.
Well-informed voters also support criminals, when social division dominates
the society.
Is there any way to delink
the criminals from politics?
In the constitutional provision, and under the RPA or Representation of the
People Act, convicted lawmakers are
disqualified not accused ones.
People have misconception that it is the work of the Supreme Court to make
the law, however, the Indian Supreme court is the guardian of the law, not the
maker.
The main work of the court is to interpret the law.
The lawmaking body in India is the ‘Parliament’ which is filled by ‘Member
of Parliament’ and MLA’s at state level. If criminals keep on winning the
elections due to money, and social divisions, there will not be lesser corruption
and better situation of the country.
Therefore, the funding of the political parties should be transparent. An
effort was made in the form of electoral bonds, but that method also became
controversial.
From criminals, who become Parliamentarians have right to make laws under
Article 102(1)(e).
The Indian Supreme Court has given its verdict on criminals joining the
politics that Parliament should frame
laws barring candidates accused of crimes from contesting election.
Political parties have to display the criminal record of candidates who
contest on their ticket on their official website.
Parties should also issue a declaration on the criminal antecedents of
their candidates in a widely circulated publication.
To facilitate the transparency by the political parties, candidates should
first give complete information about their criminal past or pending cases to
political parties on whose ticket they intend to contest elections. This will
give voters an informed choice and to protect culture and purity of politics.
There should be faster hearing of these criminal cases when contesting the
election, proven guilty should abstain from joining the politics.
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Conclusion
There is an urgent need to clean the politics and act against criminals
because criminals are liability on the country and proven to be regressive.
The regret is that the number of criminals joining the politics has been
growing. Supreme court has refused to legislate and add a disqualification as
law making body in India in not the Supreme court but the Parliament.
In
July 2013, the Supreme Court held that charge sheeted Member of Parliament and MLA’s on the
conviction of offences will be immediately disqualified from holding membership
of the house without given three months period for appealing in higher court.
This was section 8(4) of Representation of People Act. The step was progressive,
however it did not make much change in the number of criminals joining the
Indian Politics.
The
Supreme Court had on December 14, 2017 ordered that special courts be set up
across the country to fast-track the long-pending trials of lawmakers. These
courts would devote themselves for the purpose.
The step was progressive,
however, there are criminals in the parliament, therefore, the result obtained
will not come at easy terms.
As a result of court’s order, the
central government on 11th September 2018 informed the Apex court
that 12 special court have been set up across 11 states exclusively trying for
MP’s and MLA’s.
Delhi has two such courts, while Andhra
Pradesh, Telangana, Karnataka, Kerala, Tamil Nadu, Uttar Pradesh, Bihar, West
Bengal, Maharashtra and Madhya Pradesh have one each. Six are sessions courts
and five are magisterial courts.
“The Centre said 1,233 cases had been
transferred, 136 disposed of and 1,097 cases were pending in these special
courts.
In future, the Centre said States should shell out funds to set up
additional courts to try MPs and MLAs. The Centre said it had anyway sent out a
letter to various High Courts on August 23, asking if there was any need for
additional courts.
High Courts like Kerala, Karnataka, Madhya Pradesh, Patna and Calcutta
have indicated that there was no need for additional courts. The Bombay High
Court said there is a requirement for more courts, but has not indicated the
number. Madras, Hyderabad and Allahabad High Courts have not responded to the
letter, the Centre informed the Supreme Court.
The Centre further accused State governments and High Courts of not
parting with updated information on the number of criminal cases pending or
disposed against the MPs/MLAs .
It even apologised to the Supreme Court if the information provided was
incomplete. It said States and High Courts hardly responded to its repeated
requests.
The government also asked the Supreme Court to make the State
governments and High Courts respond with the latest data on the trials of
allegedly corrupt and criminal politicians. The Centre urged the Supreme Court
to, “direct all the relevant High Courts and State governments to present
up-to-date information regarding the number of cases transferred to the special
courts and those being tried in other district and subordinate courts, cases
disposed of and pending, conviction or acquittal, as the case may be, in the
disposed of cases.”
Source – The Hindu
Opposition political parties made a huge cry and demanded that MPs also
have a right to get justice like normal citizen. Politicians would play such
obstacle as most of the politicians are somewhere connected to goons and to
their support.
There comes role of responsible citizens, who need to be beyond the
politics of region, cast and religion where they can think like human and
Indian.
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