The document discusses the criminalization of politics in India. It notes that 15% of candidates in the last Lok Sabha elections had criminal cases pending against them. The entry of criminals into politics has damaged political institutions and empowered criminals. It is due to social divisions, weak law enforcement, and political parties seeking votes. The impact is a demoralized administration and society. Solutions proposed include electoral reforms, strengthening the justice system, and political parties refusing tickets to criminal candidates.
1. Criminalization of Politics in India http://www.halfmantr.com/display-national-issues/1025-criminalizatio...
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Criminalization of Politics in Secular
India marriages
in India
Saral
By: Davendra Sharma
Money:
Launched
in Delhi
In a democracy, the elected representatives are responsible for
GMR
governing the country; therefore, it is of utmost importance, that the
Maldives
people who enter the field of politics have a clean image and high
Controversy
moral character. However, the current trends reflect otherwise. As per a
Energy
report prepared by ADR India, 15% of the candidates contesting last
Poverty
Lok Sabha elections had criminal cases pending against them. Out of
Amendments
these 608 candidates have criminal cases of serious nature. These
in Money
candidates were fielded by almost all the major political parties and a
Laundering
large number of such candidates contested as independents as well.
Act
The above said report also states out of 543 elected candidates 162
Electoral
have criminal cases pending against them.
Reforms
Entry of such people in our legislature is a cause of grave concern and
Execution
needs serious consideration. This criminalization of politics is a result of
of Kasab:
nexus between criminals and the politicians. However, people of this
The
country will also have to share some responsibility for electing these
Controversy
people. While on one hand this destroys the sanctity of our political
News and
institutions on the other it emboldens the criminals to carry on their
Events for
activities without any fear of the law enforcement agencies.
November
It is usually said that people vote for criminals out of fear. The factor might 2012
have some impact in small elections like local bodies’ election, but it is nearly Centre-State
impossible to terrorize the electorate of a state assembly or parliamentary relations
constituency. This is evident from the fact that mafia dons who have tried to Anti
gain political power independent of the established political parties, have Corruption
either completely failed or have been severely restricted. Increased Bills:
importance of criminals in the political arena is due to a combination of Pending in
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3. Criminalization of Politics in India http://www.halfmantr.com/display-national-issues/1025-criminalizatio...
breed of politicians came up which gave up the concept of
social responsibility and concentrated on winning elections.
3. At this stage, the political fraternity realized that differences
of caste and creed among the people could be utilized for
electoral gains. Thus started the practice of selecting electoral
candidates on basis of dominant community of the
constituency.
4. However, mere selection of the candidate not being
sufficient, support from the influential persons of the
community including the ‘strongman’ was also required to win
the support of the community.
5. This provided a foothold to the local don who could garner
some votes and also provide muscle power as well as financial
resources. Such people had always wanted the support of the
ruling establishment as it would bring them acceptability as
well as safety from the law. Thus, a nexus, favorable to both
was created.
6. In the initial stages, the criminal was subservient to the
politician. With the growth of time, the politician became more
and more distant from the public and hence relied more and
more on the divisive politics and hence required the services of
the local don more often.
7. This resulted in the increased clout for criminals who now
understood that instead of supporting a politician to get
elected, it was more beneficial to get themselves elected as
this would give them a direct control over administration.
8. As a result political parties started giving tickets to such
candidates. The menace has now increased to such an extent
that more than 25% of candidates fielded by both the national
parties i.e. Congress as well as BJP have criminal cases
pending against them.
Legal Aspects
1. Section 8 of the People’s 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.
2. 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.
3. Lengthy legal procedures delay the conviction only to the
advantage of the criminal.
4. 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
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4. Criminalization of Politics in India http://www.halfmantr.com/display-national-issues/1025-criminalizatio...
vis-à-vis the political party.
5. The Election Commission has suggested that the People’s
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.
Solutions for Criminalization of
Politics
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5. Criminalization of Politics in India http://www.halfmantr.com/display-national-issues/1025-criminalizatio...
1. Amendments suggested by the Election Commission in
People’s Representation Act should be implemented.
2. There should be strict control on formation of political
parties and independent candidates. This would restrict the
bargaining power of the tainted candidates.
3. Administration in general and police administration in
particular should develop a people friendly approach and
image so that people develop confidence towards the legal
institutions.
4. Justice Deleivery system should be strengthened so as to
provide speedy justice. While on one hand this will increase
the faith of the people in the system, on the other hand it will
result in speedy trial of tainted candidates.
5. Political parties also need to understand that their
compromising with principles for petty electoral gains is not in
the larger interest of the country. The parties need to develop a
consensus about not fielding such candidates.
6. This nexus has thrived on the fragmentation of the society.
Social organizations should try to remove feeling of rivalry
between groups. This will lead to an objective assessment of
the candidates and will remove the tainted candidates from the
political scene.
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