Criminalization of Politics in India
Criminalization of Politics in India
Criminalization of Politics in India
In a democracy, the elected representatives are responsible for governing the country; therefore, it is of utmost importance, that the people who enter the field of politics have a clean image and high moral character. However, the current trends reflect otherwise. As per a report prepared by ADR India, 15% of the candidates contesting last Lok Sabha elections had criminal cases pending against them. Out of these 608 candidates have criminal cases of serious nature. These candidates were fielded by almost all the major political parties and a large number of such candidates contested as independents as well. The above said report also states out of 543 elected candidates 162 have criminal cases pending against them. Entry of such people in our legislature is a cause of grave concern and needs serious consideration. This criminalization of politics is a result of nexus between criminals and the politicians. However, people of this country will also have to share some responsibility for electing these people. While on one hand this destroys the sanctity of our political institutions on the other it emboldens the criminals to carry on their activities without any fear of the law enforcement agencies.
It is usually said that people vote for criminals out of fear. The factor might have some impact in small elections like local bodies election, but it is nearly impossible to terrorize the electorate of a state assembly or parliamentary constituency. This is evident from the fact that mafia dons who have tried to gain political power independent of the established political parties, have either completely failed or have been severely restricted. Increased importance of criminals in the political arena is due to a combination of several factors which have social, political and legal dimensions.
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avoid. These are favorable situations for development of an extra legal authority and wherever possible mafia dons have filled the slot posing themselves as protector of their communities and tormentor of the rivals. This grants them acceptability and support from their community and if the community is large enough in numbers, the support can lead to a victory in elections.
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Legal Aspects
1. 2. 3. 4. Section 8 of the Peoples Representation Act, 1951 bars a convicted person from contesting elections. However the limitations of this law are evident in number of tainted candidates contesting elections. As the tainted candidate is usually quite resourceful and is in a position to influence the establishment, proving of charges and hence conviction becomes difficult. Lengthy legal procedures delay the conviction only to the advantage of the criminal. System of forming a political party and contesting elections is extremely easy in India which has led to mushrooming of parties and independents. Criminals have taken advantage of this system. Whenever, such a candidate is denied ticket by any major political party, he would threaten to either float his political outfit or contest as an independent candidate. This increases the bargaining power of the tainted candidate vis--vis the political party. 5. The Election Commission has suggested that the Peoples Representation Act should be amended to provide that any person who is accused of an offence punishable by imprisonment for five years or more should be disqualified from contesting election even when trial is pending, provided charges have been framed against him by the competent court. As a precaution against motivated cases by the ruling party, it was to be provided that only those cases which were filed prior to six months before an election alone would lead to
disqualification as proposed. It was also suggested that persons found guilty by a Commission of Enquiry should also stand disqualified from contesting elections. The suggestions are yet to be accepted.
Impact of criminalization
A criminal is on the wrong side of the law and hence cannot be expected to make positive contributions to the legislative or administrative process It brings a sense of futility among the administration particularly the police administration and demoralizes them Presence of tainted candidates in the law making institutions creates embarrassment for the country as well as the people Rise of a criminal to high levels of powers has an adverse effect on the society. The immunity and success of these people lures more and more youngsters to follow in their footsteps. This brings in degeneration of moral values in the society.
Stand of political parties: Politicians and political parties take a stand that that the charges are politically motivated. They also contend that the candidate fielded by them has not been proved guilty. This argument is based on the accepted legal principle that every man is innocent till proved guilty. The logic is correct from an individualistic point of view, but it is expected that a political party would give precedence to the larger public interest. The question is; will a politician having criminal case pending against him, be able to gain confidence of the people of the country. The answer would be no. Therefore, it would be prudent if the politcal parties refrain from taking a call on the innocence of such candidates and give a thought to their social responsibilites.
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