Political Diary
New
Delhi, 8 December 2020
Katil=Neta,
Toh Kya
CRIME IS POLITICS
By Poonam I Kaushish
In this placid political
season India’s Capital is in the throes of a novelle grammar of protests with thousands farmers from Punjab,
Haryana and UP ‘digging-in’ on the outskirts of Delhi against the new farm
laws. Armed with rations they have made trucks and tractors their temporary
abode, organizing langars for
policemen and homeless amidst demanding repeal of the contentious legislations.
Notwithstanding their peaceful dharna
has choked highways disallowing entry and exit to the city.
In
this volatile cacophony, the Government did the unthinkable. It quietly
endorsed the continued politicization of crime by opposing a PIL in the Supreme Court seeking
imposition of a life ban on convicted politicians from contesting elections as against the six-year bar after serving their
sentence.
Asserting, “elected
representatives are ordinarily bound by conduct, propriety, good conscience and
oath they have taken to serve citizens of their constituency and country,” the
Law Ministry added, “they are not above law and are bound by RPA disqualification
as well as various directions and precedents by the Supreme Court from time to
time.”
Quoting last year’s
Court judgment to nail its case against life-ban: “Though criminalisation of
politics is a bitter manifest truth, which is a termite to the citadel of
democracy, the court cannot make the law.” The Government also ignored the
Election Commission’s pitch for life ban on elected representatives from
contesting polls if convicted and sentenced for serious offences.
Undeniably, the
Centre’s response is a huge disappointment when seen in the context of the need
for untainted Parliamentarians. Letting convicted legislators continue in
public life even after a break will not be sufficient to clean up the polity as
a leopard never changes his spots. Till date, judicial activism has always tried to put a
spanner in the politico-criminal wheel but failed as legislators and
legislatures are not willing to do their job: A life ban on contesting
elections for those convicted.
Alas, Parties
brazenly nominate criminals as candidates as their
‘winnability’ is sure-shot resulting in crooks and murderers filling the
rogues' gallery of power and fame. Shockingly, 233 or 44% of 545 Lok Sabha MPs
have criminal cases of murder, kidnapping, crimes against women etc, higher
than 2014 when 185 MPs (34%) had criminal cases and 2009 162 (30%), an increase of 109% since
2009.
The BJP has 116 MPs
of 301(39%), Congress 29 MPs of 51 (57%), JD(U) 13 of 16 (81%), DMK 10 of 23
(43%) and TMC 9 MPs of 22 (41%). Of these 29% cases are serious: 10 MPs have
convicted cases, 11 have cases related to murder, 30 attempt to murder and 19
crimes against women. One Congress MP has declared 204 cases including
committing culpable homicide, house trespass, robbery and criminal
intimidation.
Worse is the situation in States where 20% candidates are
criminals in any election. In Bihar 68% of 243 MLAs have criminal cases, a 10%
increase from 2015. In UP 143 (36%) of 403 MLAs, of whom 70 (49%) have already
been charge-sheeted. Arguably, with such legislators, how can we expect to
remove crime from the country?
With power
translating into a numbers game Parties field criminals as they convert muscle
power and illicit funds into votes at gunpoint emerging victorious against
clean candidates. The arrangement works on a quid-pro-quo: Parties get
unlimited funds to fight elections and criminals protection from law.
Why do mafia dons
invest money in getting a neta’s tag?
It’s a ticket to respectability, continue extortions using political power,
gain influence to ensure cases against them are dropped. Besides, the returns
on political investments are so high and profitable that criminals are
disinclined to invest in anything else. Immortalised by renowned Mumbai mafia
don-turned MLA Arun Gawli: “Ab mere pas
bullet-proof jacket hai!.”
From criminalisation
of politics to politicisation of crime, India has come full circle. Yesterday’s
crooks are today Right Honourables a law unto themselves and all-powerful.
Bringing things to such a pass that our jan
sevaks dance to the tune of their underworld benefactors at the cost of the
people, democratic ethos and good governance boxing democracy in the mafia box,
cartridge box and ballot box!
Mafia dons have been
elected from prisons, some MPs continue to hold durbars in jail with home
comforts and rule their empire, issuing diktats
that few dare disobey. Not a few take anticipatory bail to avoid arrest, others
simply abscond only to “surrender” when ready. Yet, ironically, only a handful
of politicians are convicted.
Consequently, in a
milieu wherein crime does not pay as well as politics, it raises a moot point:
Will we continue to put a premium on criminality? Allow criminals to become netas? Basically, is it good for our
democracy to have scoundrels represent voters? How many murder charges are
required before one is considered unfit to represent people? Are there no
honest and capable leaders? How do we get leaders to shift from “fixing” the
system to reforming it?
Scandalously,
criminals are crowding out honest candidates at the national and State level.
According to a recent report 45.5% ‘criminal’ candidates win against 24.7% with
a clean background. Thus, in this self perpetuating system the growing Indian
middle class is not averse to electing criminals if they can become their
patrons and deliver goods.
Clearly, the country
is suffering from want of a “few good men” in politics as some rulers think and
act for political gains and vote bank politics. They change Parties at a drop
of a hat to remain in power, lie without batting an eyelid, are shameless,
defame others with false accusations and if caught apologise, indulge in
theatrics to attract attention and manipulate to achieve their selfish
interests and amass wealth.
One could have
dismissed politico-criminalisation as a passing phase but the tragedy is that
crime is now politics whereby our democratic system has been usurped by
criminals who ensure victory in polls. The only thing that matters is on whose
side the criminal MP/MLA is. His or ours? All are same only the degrees differ.
Akin to an angry man telling an official that the man they were championing
abroad was “a son of a bitch”. The response? “Yes; but he’s our son of a bitch"!
It
is this mutual benefit and camaraderie between the criminal-Party nexus which
is the cause célèbre for our netagan. See, how our leaders divide along Party lines on
most issues but close ranks when it comes to taking steps to address this
problem. Despite various
Court judgments over the
years to fast-track trials so that MPs and MLAs facing charges get a quick
decision, it is like water of a duck’s back.
In February the Supreme Court made it mandatory for Parties and
candidates to provide details of their criminal background and the Election
Commission asked them to publish their unlawful antecedents, provide reasons
for their nomination so that voters could make an informed choice. But if this
was meant to halt candidates with criminal qualifications it failed as Bihar
results show.
What of the future? Clearly, when those who
are supposed to lead become saboteurs, it is time to call a spade a spade. We
need to put correctives in place as no longer will namby-pamby observations or legalistic
response suffice.
Our polity needs to
be courageous to end this. More voices must be raised against criminalisation
of politics and ways found to reverse this malaise. Above all, we need politicians
who are men of conscience, integrity and credibility. Not comrades in crime
wherein today’s criminal king-makers might become tomorrow’s kings! ---- INFA
(Copyright, India News and Feature Alliance)
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