Political Diary

New Delhi, 5 November 2011

MP = Murder + Politics

MEIN VIP HOON, TUM KAUN?

By Poonam I Kaushish

Crime does not pay … as well as politics. This adage rings true when we see the number of mafiaso-politicos rapidly multiplying in legislatures ushering in a new don (read dawn) wherein an MP and MLA tag, acts like a magic shield from police, encounters and rivals. Alas, with criminals banne netas democracy is being boxed in three stages --- mafia box, cartridge box and ballot box!

Shockingly, a PIL laid bare this brutal truth that criminalisation of politics is the flavour of India’s new season, sans morality and accountability. Whereby, 162 MPs of 543 in Parliament today are facing various criminal charges, 76 serious charges. An increase of 17.2% compared to the 2004 election results. With a “very disturbed” Supreme Court issuing notice to the Centre and States on setting up fast track courts for early and quick disposal of cases against our trigger-happy and gold hungry netagan.

If this is bad news worse is the situation in the States. The Uttar Pradesh Assembly tops the list with over 130 criminal MLAs, followed by Bihar 116, West Bengal with 102 over 35 % of the total legislatures and Maharashtra. In Assam, 13 MLAs i.e. 10% face serious charges like kidnapping and extortion, an increase from the 2006 Assembly where the number of MLAs with criminal cases pending was seven. In Puducherry, 9 MLAs i.e. 30%, in Kerala 67 MLAs, 48% MLAs are tainted

Indeed, standards have fallen so low that our polity washes its hands off by calling it a “systemic failure” or relies on the fallacious argument that its criminals are cleaner on average than others. Typified by a famous American story. A public official being told by a horrified observer that the man the US was championing abroad was “a son of a bitch.” Pat came the response, “Yes, but he’s our son of a bitch!” Notwithstanding, the Election Commission's repeated pleas against the criminalisation of politics.

Absurdly, our law bars convicted criminals from running for office, not alleged criminals. Also, a loophole allows even convicts to continue in politics as long as the case is under appeal. This could mean 25 or 30 years, the course of an entire political career. And the problem goes well beyond alleged criminals who hold elected office.

More bizarre, a jailed person does not have the right to vote but he has the right to be elected as long as he is not found guilty. Being elected won’t get a murderer, mafia boss or rapist out of prison but he will get all legislative papers to sign and if required for legislative purposes brought handcuffed to the legislature gates where the handcuffs will be removed to allow ‘freedom’ within the confines of Parliament or Assembly. Once the work is over, the criminal-politico is again handcuffed and taken back to jail.  

Arguably, what can one expect from such politicians? Not character, performance, competence and ability to assess national issues but only his winnability quotient. Thus, people one would never employ at home or office and keep at arms length are today’s legislators. Thanks to a fractured electorate and rampant flouting of campaign-spending limits, gangsters have muscled into positions of influence close to legislatures and the problem is spreading.

While the middle class protests, Party workers distribute liquor and cash to woo uneducated and poor voters. In lawless UP thugs intimidate poor farmers into toeing the line. In Bihar caste senas roam the hinterland and terrorise the under-privileged. In West Bengal, Party cadres threaten non-sympathizers and confiscate voter cards. Whereby, the line between goons and political activists is increasingly blurring.

The havoc created by these criminal-politicos is wide-ranging: Enriching themselves, gain protection from prosecution and perverting the police and the Administration for private purposes. Besides, when magistrate or police attempt to enforce the law, a powerful MP can engineer his transfer.

Remember, Maharashtra’s notorious don Arun Gawli who on becoming MLA menacingly warned. “Ab mere paas bullet proof jacket hai,” his legislative tag, a magic shield from police, encounters and rivals. In 2005 convicted murderer Bihar MP Shahabuddin arranged the transfer of a magistrate who had sought to bar him from the district as a threat to public order. Thereby, making a mockery of legal proceedings and the judiciary. Recalling the old saying: “Sayian bhaye kotwal, to dar kis ka.”

Most distressing is that it doesn’t strike any chord any where. With every passing election, the phenomenon of criminals-turned-politicos no longer shocks or causes mass protests. It is slowly becoming an accepted norm, part of one’s routine. Curse all, but when push comes to shove the majority willingly lumps it. Shrugged of as a price one has to pay for democracy. Simply, because there aren’t any option. One Party’s candidate is a murderer, the next a rapist etc leaving no option but to choose the lesser evil and elect a robber!

Undeniably, when those who are supposed to lead become saboteurs, it is time to call a spade a spade. The problem of the criminalisation of politics needs to be tackled head on. We have for too long, dithered on the premise that any law to debar under-trial criminals before they are finally convicted by the courts, would open the door for falsely implicating innocent persons and against the laws of natural justice. Basically, is it good for democracy to have scoundrels represent the voters?

For our democracy to enter the next level of maturity, we need to usher in a new generation of electoral reforms. The possibilities are immense. One, bar a charge-sheeted candidate instead of the present law of only those convicted. Two, a convicted candidate should not be allowed to contest even if his appeal is pending in a higher court or till the time his conviction is annulled by a competent court. Three, fast courts should be mandatory in case of MPs & MLAs being accused.

True, technical or legalistic answers will not suffice. The answer must lie in good, clean democratic political practice, watchdog news media, and a vigilant public opinion that insists on raising the bar for all political parties to ensure our legislatures are not hollowed by the criminalisation of the political and electoral political process. Above all, we need politicians who are men of conscience, integrity and credibility. Not comrades in crime.

Importantly, India is today at the moral crossroads. More so, in our present all pervasive decadence interspersed with growing public distaste, cynicism and despair. If not stopped now it could result in a total breakdown of institutions, society, culture and ethical values. Which, in turn, could be the cause of a socio-political revolution.

In the ultimate, in a milieu wherein we are saddled by netagan who are all escape artists who get away with murder, rape and sedition the aam aadmi must not misuse his ‘powerful’ vote, to summon leaders with dark, scary pasts in the highest echelons of power. We need to answer two questions. How many murder charges are required before one is considered unfit to represent the people of India? Are there no honest and capable candidates? ---- INFA

(Copyright, India News and Feature Alliance)