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Bihar Assembly Election 2020: Despite SC directive, candidates with criminal record in the fray
ADR has found that the ruling JD(U), the Congress, the Communist Party of India (Marxist) and the RJD are the only parties which listed the reasons for fielding candidates with criminal antecedents
In the ongoing three-phase Bihar assembly polls, a large number of candidates with criminal antecedents are in the fray, despite Election Commission of India’s (ECI) guidelines following a Supreme Court (SC) order to rein in such anti-social elements.
The SC directive sought greater accountability from parties to eradicate the criminalisation of politics.
In February, the SC had directed candidates and parties to mandatorily publicise pending criminal cases through advertisements in a local and a national newspaper. Parties need to share the details of the tainted candidates on their official social media platforms and explain the reasons for fielding them. The SC had observed that “winnability” alone did not count as the primary reason for tainted candidates’ selection.
The parties were also directed to file a compliance report with the ECI or else they would be held in contempt of court.
However, data showed that compliance to the guideline has been few and far between. The rule stipulates that the information is required to be furnished within 48 hours of the selection of candidates and not less than two weeks before the first date for filing of nomination papers.
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In the first phase, out of 1,066 candidates in the fray, 327 had declared criminal cases. Data showed that 104 candidates did not put out any advertisement to inform the public about the criminal cases pending against them.
Association for Democratic Reforms (ADR), a non-partisan, non-governmental organisation (NGO), which works in the area of electoral and political reforms, has found that the ruling Janata Dal (United), the Congress, the Communist Party of India (Marxist) and the Rashtriya Janata Dal (RJD) are the only parties which listed the reasons for fielding candidates with criminal antecedents.
In the second phase, which goes to polls on Tuesday (November 3), the percentage has gone up from 31% to 34%.
Of the 1,463 candidates in the fray, 502 and 389 have reported criminal cases and those of serious nature, respectively, pending against them.
In the third phase, which will be held on Saturday (November 7), out of the 1,204 candidates in the fray, ADR-Election Watch analysed 1,195, of which 371 (31%) and 282 (24%) have declared criminal cases and those of serious nature, respectively, pending against them.
The Rashtriya Janata Dal (RJD), the main party in Bihar, has fielded the maximum number of candidates with criminal record, followed by the Bharatiya Janata Party (BJP), the Congress, the Lok Janshakti Party (LJP) and the ruling Janata Dal (United), or the JD (U).
Data revealed that 37 candidates declared cases related to atrocities against women. Six candidates face rape cases, and 20 have declared murder cases against them. Another 73 candidates have declared attempt to murder cases against them.
“There seems to be no apparent impact of the SC directive on candidates facing criminal cases, as they continue to find favour with all parties,” said Rajiv Kumar of Election Watch.
The parties, which have put out the details of candidates facing criminal charges in the public domain, have cited various reasons for their selection such as popularity, social work, educational background, effective coronavirus disease (Covid-19) management, vendetta by rival parties for implicating them etc.
“The reasons for the selection (of candidates with criminal record) have to be with reference to qualifications, achievements and merit of the candidate concerned. Unfounded and baseless reasons given by political parties such as popularity of the person, does good social work, cases are politically motivated etc are not sound and cogent reasons for fielding candidates with tainted backgrounds,” the ADR report added.
The ECI has taken note of the non-compliance of the SC order.
“We have served show-cause notices to all those, who have not complied with the EC directive for violation of guidelines. They have to send their replies. Appropriate action will follow after receiving their responses. More notices will be issued after assessing the records in the remaining two phases of polling,” said Sanjay Singh, additional chief electoral officer (ACEO).
As per the guidelines, the ECI will draw the SC’s attention to the non-compliance by parties and can held in contempt of court.
A similar trend was also noticed during last year’s parliamentary polls.
A recent analysis by ADR and Bihar Election Watch (BEW) said that since 2005, out of 10,785 candidates, who had contested either Lok Sabha or assembly elections, 3,230 (30%) and 2,204 (20%) declared criminal cases and those of serious nature, respectively, pending against them.
Such candidates belong to all parties and also some independents.
Out of 820 members of Parliament (MP) from Bihar and members of the state legislative assembly (MLAs) 469 (57%) and 295 (36%) declared criminal cases and those of serious nature, respectively, pending against them.
The report also underscored that tainted candidates’ assets have seen a steady rise through the years.
The data showed that parties have no interest in reforming the electoral system and Indian democracy will continue to suffer at the hands of lawbreakers, who aspire to become lawmakers.
