New elected Lok Sabha has a larger number of Criminals. - Seeker's Thoughts

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New elected Lok Sabha has a larger number of Criminals.


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. 



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).


Lalu-Prasad-Yadav-fodderscam


The cost of corrupt system is higher. Poorest countries are being led by corrupt officials and that costs the world one trillion dollar. 
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.
Statewise-Pending-Criminal-Cases
Image Source- TimesofIndia

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.
https://www.seekersthoughts.com/2019/04/sanctions-on-iran-by-us-impact-on-world.html
Sanctions on Iran 

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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