“Innocent until proven guilty”
Famous words by many politicians in India, heard many times in many different languages. The constitution of India states that a person is eligible to occupy a seat in the parliament only if he/she is not convicted of any crime among other qualifications. Let’s rewind and go through that sentence again. Not convicted of any crime means that unless and untill one is convicted, one can participate actively in politics. Therefore, it does not matter whether one is being investigated for committing various crimes; as long as one is not convicted, one is safe.
There are many examples; Anant Singh from (JD(U) MLA,Bihar) has been accused of murder, Zile Ram Sharma (Congress MLA, Haryana) - accused of murdering a Sarpanch, Ramesh Mendola(BJP MLA, Madhya Pradesh) - accused of money laundering and being involved in a land scam. The list could go on. Though many such politicians face cases of committing serious crimes of murder, kidnap, extortion, organization of jail breaks among other crimes they are still seen to be taking active part in state and national politics.
Famous words by many politicians in India, heard many times in many different languages. The constitution of India states that a person is eligible to occupy a seat in the parliament only if he/she is not convicted of any crime among other qualifications. Let’s rewind and go through that sentence again. Not convicted of any crime means that unless and untill one is convicted, one can participate actively in politics. Therefore, it does not matter whether one is being investigated for committing various crimes; as long as one is not convicted, one is safe.
There are many examples; Anant Singh from (JD(U) MLA,Bihar) has been accused of murder, Zile Ram Sharma (Congress MLA, Haryana) - accused of murdering a Sarpanch, Ramesh Mendola(BJP MLA, Madhya Pradesh) - accused of money laundering and being involved in a land scam. The list could go on. Though many such politicians face cases of committing serious crimes of murder, kidnap, extortion, organization of jail breaks among other crimes they are still seen to be taking active part in state and national politics.
But mind you, Indian politics was never that simple. The above given explanation is just one aspect of criminalization of politics. The other aspect is even shocking. It is related to those politicians who have been convicted but still have significant role in the political system. Confused? Maybe an example would help.
Ashok Veer Vikram Singh aka Bhaiyya Raja was sentenced to life imprisonment for the murder of a grandniece who he sexually exploited and forced to undergo an abortion. Does this mean that his political career is over? Yes and no. Bhaiyya Raja’s wife, Asha Rani, is still a BJP MLA in Madhya Pradesh, though she is accused of abetting a woman’s suicide at her home six years ago. The same pattern is seen in another case.
Jagmato Devi, a JD (U) MLA in Bihar, entered politics in 2005 after the murder of her husband. After her sudden death, her son was denied a ticket. This is because her son, Ajay Singh, is charged in over two dozen cases of murder, kidnapping and extortion. So he started looking for a wife. He shortlisted only those women who were registered voters, at least 25 years old and had voter ID cards. He married one of the finalists whom he had shortlisted just a day before the nominations began for the by-election to fill his mother’s seat. His wife Kavita, a political naïf, is now a JD (U) MLA. But it is her husband who calls the shots and runs the politics.
You see? It is not necessary that just because politician is convicted, he/she cannot influence the political system. Many a times politicians who are serving their term in prison or those who are out on bail still nominate someone, usually from their family and thus indirectly influence the system. Suresh Kalani, better known as Pappu Kalani, is also an example.
Thus, in India, criminalization of politics is not limited to one particular political party or even one particular state. Shockingly or perhaps not, statistics say that almost every 4 out of 5 of Jharkhand’s 82 MLA’s face criminal cases. States such as Haryana, Bihar, Uttar Pradesh, Jharkhand, and Madhya Pradesh have had long lists of politicians coming from criminal backgrounds.
But why do criminals get elected? Who would want a criminal to take charge of the government? “The fundamental reason why criminals with money and muscle are able to dominate politics is because no political party has seriously pursued electoral reforms,” admits Congress leader Manish Tewari. He says “Criminals with community influence cultivate their environment by acquiring a Robin Hood persona. In other cases, their sheer ability to terrorise and intimidate while the State remains a helpless onlooker gives them their USP.” Maharashtra’s Narayan Rane is an example of the misuse and influence of muscle and power.
Ashok Veer Vikram Singh aka Bhaiyya Raja was sentenced to life imprisonment for the murder of a grandniece who he sexually exploited and forced to undergo an abortion. Does this mean that his political career is over? Yes and no. Bhaiyya Raja’s wife, Asha Rani, is still a BJP MLA in Madhya Pradesh, though she is accused of abetting a woman’s suicide at her home six years ago. The same pattern is seen in another case.
Jagmato Devi, a JD (U) MLA in Bihar, entered politics in 2005 after the murder of her husband. After her sudden death, her son was denied a ticket. This is because her son, Ajay Singh, is charged in over two dozen cases of murder, kidnapping and extortion. So he started looking for a wife. He shortlisted only those women who were registered voters, at least 25 years old and had voter ID cards. He married one of the finalists whom he had shortlisted just a day before the nominations began for the by-election to fill his mother’s seat. His wife Kavita, a political naïf, is now a JD (U) MLA. But it is her husband who calls the shots and runs the politics.
You see? It is not necessary that just because politician is convicted, he/she cannot influence the political system. Many a times politicians who are serving their term in prison or those who are out on bail still nominate someone, usually from their family and thus indirectly influence the system. Suresh Kalani, better known as Pappu Kalani, is also an example.
Thus, in India, criminalization of politics is not limited to one particular political party or even one particular state. Shockingly or perhaps not, statistics say that almost every 4 out of 5 of Jharkhand’s 82 MLA’s face criminal cases. States such as Haryana, Bihar, Uttar Pradesh, Jharkhand, and Madhya Pradesh have had long lists of politicians coming from criminal backgrounds.
But why do criminals get elected? Who would want a criminal to take charge of the government? “The fundamental reason why criminals with money and muscle are able to dominate politics is because no political party has seriously pursued electoral reforms,” admits Congress leader Manish Tewari. He says “Criminals with community influence cultivate their environment by acquiring a Robin Hood persona. In other cases, their sheer ability to terrorise and intimidate while the State remains a helpless onlooker gives them their USP.” Maharashtra’s Narayan Rane is an example of the misuse and influence of muscle and power.
Last year there was uproar in the media regarding this topic due to the Supreme Court judgement which said that MP or members of the states’ Legislative Assemblies or Councils would be unseated immediately if convicted of a crime the Constitution lists as a ground for disqualification. The judges also struck down a provision in the Representation of the People Act, 1951, which allowed MPs and MLAs/ MLCs to retain their seats if they appealed their convictions within three months. This judgement faced opposition from various parties which believed that it could be misused. Apart from this, efforts were also taken to reduce criminalization during the Vajpayee government by means of setting up a multiparty parliamentary committee. The law commission of India had also implemented certain reforms.
Though there were significant attempts by many agencies in order to clean up the system, the political will to remove criminals from the political system and implement reforms has almost always been missing. The roots of criminalization in Indian politics are very deep, just like corruption. Only when parties implement reforms within themselves, with a strong will and determined aim of eradicating criminals from politics, would there be a chance of actually being able to do so. This is where the power of the voter also comes into place. If each and every voter votes by duly considering each candidate, by assessing whether a criminal would suit better in the government as compared to a civilian, there would be scope of reduction of the number of criminal politicians.
-Pratha
Though there were significant attempts by many agencies in order to clean up the system, the political will to remove criminals from the political system and implement reforms has almost always been missing. The roots of criminalization in Indian politics are very deep, just like corruption. Only when parties implement reforms within themselves, with a strong will and determined aim of eradicating criminals from politics, would there be a chance of actually being able to do so. This is where the power of the voter also comes into place. If each and every voter votes by duly considering each candidate, by assessing whether a criminal would suit better in the government as compared to a civilian, there would be scope of reduction of the number of criminal politicians.
-Pratha