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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




1 of 5                                                                                                                                  16-12-2012 14:33
Criminalization of Politics in India                                                http://www.halfmantr.com/display-national-issues/1025-criminalizatio...


                          several factors which have social, political and legal dimensions.                        Parliament
                                                                Other Related Topics
                          Social                  aspects                   related                   to
                                         National
                                                                                                          News Popular Articles             Maths
                         Criminalization of politics
                         Resources
                                   and Indian Current General                      About
                                                                                                           and
                                                                                                                  Polity and International
                                                                                                                                             and
                                         Political Economics Affairs Knowledge Indian History                    Constitution Relations
                                                                                                          Events Model                     Aptitude
                                          Issues
                                   1. Since ancient times, Indian society has been torn by the                      Answers of
                                            IAS
                                   differences of caste andSSC  creed. NDA has resulted in Bank
                                                                        This                                     IAS Mains
                            Exams        Exam
                                                    MBA                            CDS
                                                                                                         PO/IBPS Exam
                                   fragmentation of the society.
                                                                                                                    (Previous
                                 2. These differences were also reflected in the world of crime.    Year
                          Register with Us! Get Updates about Examdacoits of Chambal ravine in your email Inbox. (Click
                                 In earlier periods, the functioning of and Free Study material
                                                                                                                    Papers)
                                   showed similar patterns where gangs were formed on caste
                                                                                                                    Answer
                                   basis. These were stated to have sizeable support from their
                                                                   here to Register with Us)                        Keys and
                                   respective communities. An example of this is the erection of a
                                                                                                                    Cut Off
                                   temple in the honour of Dacoit Man Singh in his native village
                                                                                                   Analysis
                                 Ifas well asdoubts, discuss them with our Expert Team and members IAS 2012
                                    you have the support some other dacoits like Phoolan Devi       (Click Here)
                                   have got from their communities.
                                                                                                                    IAS CSAT
                                   3. A number of person likes this. Be the first of yourretained the               Paper II
                                      Like   One present day mafia dons have friends.
                                   casteist nature of their functioning. However, this has been                     Answer
                                   possible only in rural areas where the differences on the basis     Keys 2012
                             Like of caste and creed are still strong. InExams, areas, and Study Material on your Wall.
                                  Us on Facebook! Get updates about urban Tests efforts of             Explanations
                                   mafia dons to enter political world have not received much                       For Prelims
                                   public support. Political outfits, floated by dons like Haji Mastan 2012 Paper
                                   and more recently ArunNationalhave hardly made anyofimpact in India Daily Quiz
                                                   || Display Gawli issues || Criminalization Politics
                                   on political scenario of the country.                                            UP-PCS
                           Copyright© Halfmantr 2012. All rights reserved. || Designed by Grey Applez India
                                                      All                                      Applez India   CSS Valid | XHTML Valid |
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                                                                                                                          Paper
                           Services (P)However,
                                  4. Ltd.         in rural areas where the differences of caste and
                                                                                                                    I(General
                                   creed are still strong, feuds and rivalries exist between various
                                                                                                                    Studies)
                                   social groups. This gives the local don a chance of presenting
                                                                                                                    Model
                                   himself as a protector of the community.
                                                                                                                    Answer1
                                   5. On the other hand the establishment has not been able to                      For Mains
                                   instill confidence among people at large. The administrative                     How to
                                   and judicial processes are long, expensive and cumbersome                        begin your
                                   which the common man wants to avoid. These are favorable                         preparation
                                   situations for development of an extra legal authority and                       for Civil
                                   wherever possible mafia dons have filled the slot posing                         Services
                                   themselves as protector of their communities and tormentor of                    Exam?
                                   the rivals. This grants them acceptability and support from their                IAS Mains
                                   community and if the community is large enough in numbers,                       Compulsory
                                   the support can lead to a victory in elections.                                  Paper Year
                                                                                                                    Indus Valley
                                                                                                                    Civilization
                          Political                  aspects                  related                 to

                          Criminalization of Politics

                                   1. Period of freedom movement was also a period of social
                                   churning. Leaders participating in freedom movement also had
                                   a vision of the society they wanted the country to have. These
                                   leaders also realized their social responsibility and when they
                                   acquired political leadership, they carried their concept of
                                   social responsibility into the arena of politics.

                                   2. However, slowly, with the change of generation, a new



2 of 5                                                                                                                                     16-12-2012 14:33
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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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


4 of 5                                                                                                                                16-12-2012 14:33
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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Criminalization of politics in india

  • 1. Criminalization of Politics in India http://www.halfmantr.com/display-national-issues/1025-criminalizatio... Search Go उ तर दे श लोक सेवा आयोग पर ा क लए वशेष पाठन साम ी े Special Study Material for Madhya Pradesh PSC Exam Click here... Read Full Indian History Online Home Exams Previous Year Papers Blogs Toppers Talk Discussion Forum G.K & Interview Tips Share this on facebook Latest Articles 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 1 of 5 16-12-2012 14:33
  • 2. Criminalization of Politics in India http://www.halfmantr.com/display-national-issues/1025-criminalizatio... several factors which have social, political and legal dimensions. Parliament Other Related Topics Social aspects related to National News Popular Articles Maths Criminalization of politics Resources and Indian Current General About and Polity and International and Political Economics Affairs Knowledge Indian History Constitution Relations Events Model Aptitude Issues 1. Since ancient times, Indian society has been torn by the Answers of IAS differences of caste andSSC creed. NDA has resulted in Bank This IAS Mains Exams Exam MBA CDS PO/IBPS Exam fragmentation of the society. (Previous 2. These differences were also reflected in the world of crime. Year Register with Us! Get Updates about Examdacoits of Chambal ravine in your email Inbox. (Click In earlier periods, the functioning of and Free Study material Papers) showed similar patterns where gangs were formed on caste Answer basis. These were stated to have sizeable support from their here to Register with Us) Keys and respective communities. An example of this is the erection of a Cut Off temple in the honour of Dacoit Man Singh in his native village Analysis Ifas well asdoubts, discuss them with our Expert Team and members IAS 2012 you have the support some other dacoits like Phoolan Devi (Click Here) have got from their communities. IAS CSAT 3. A number of person likes this. Be the first of yourretained the Paper II Like One present day mafia dons have friends. casteist nature of their functioning. However, this has been Answer possible only in rural areas where the differences on the basis Keys 2012 Like of caste and creed are still strong. InExams, areas, and Study Material on your Wall. Us on Facebook! Get updates about urban Tests efforts of Explanations mafia dons to enter political world have not received much For Prelims public support. Political outfits, floated by dons like Haji Mastan 2012 Paper and more recently ArunNationalhave hardly made anyofimpact in India Daily Quiz || Display Gawli issues || Criminalization Politics on political scenario of the country. UP-PCS Copyright© Halfmantr 2012. All rights reserved. || Designed by Grey Applez India All Applez India CSS Valid | XHTML Valid | CSS 2012 XHTML Paper Services (P)However, 4. Ltd. in rural areas where the differences of caste and I(General creed are still strong, feuds and rivalries exist between various Studies) social groups. This gives the local don a chance of presenting Model himself as a protector of the community. Answer1 5. On the other hand the establishment has not been able to For Mains instill confidence among people at large. The administrative How to and judicial processes are long, expensive and cumbersome begin your which the common man wants to avoid. These are favorable preparation situations for development of an extra legal authority and for Civil wherever possible mafia dons have filled the slot posing Services themselves as protector of their communities and tormentor of Exam? the rivals. This grants them acceptability and support from their IAS Mains community and if the community is large enough in numbers, Compulsory the support can lead to a victory in elections. Paper Year Indus Valley Civilization Political aspects related to Criminalization of Politics 1. Period of freedom movement was also a period of social churning. Leaders participating in freedom movement also had a vision of the society they wanted the country to have. These leaders also realized their social responsibility and when they acquired political leadership, they carried their concept of social responsibility into the arena of politics. 2. However, slowly, with the change of generation, a new 2 of 5 16-12-2012 14:33
  • 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 3 of 5 16-12-2012 14:33
  • 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 4 of 5 16-12-2012 14:33
  • 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. Go to Previous Page Add comment Website 1000 symbols left Notify me of follow-up comments Send JComments 5 of 5 16-12-2012 14:33