151 MPs and MLAs Face Charges of Crimes Against Women: ADR Report

By Legal Wires 5 Minutes Read

A recent report released on August 21, 2024, by the Association for Democratic Reforms (ADR) and New Election Watch (NEW) has revealed concerning statistics about the criminal backgrounds of sitting MPs and MLAs across India. The report highlights that a total of 151 sitting MPs and MLAs have declared cases of crimes against women in their election affidavits. Among these cases, 16 legislators, including two MPs and 14 MLAs, face rape charges under Section 376 of the Indian Penal Code (IPC). Furthermore, the report noted a staggering 124% increase in the number of MPs with serious criminal cases since 2009, raising questions about the criminalization of politics in India.

Key Findings:

• Sitting Legislators Facing Crimes Against Women:
  • A total of 151 sitting MPs and MLAs have declared cases related to crimes against women in their election affidavits.
  • Among them, 16 sitting MPs and MLAs have declared rape charges under IPC Section 376, which prescribes a minimum sentence of 10 years, extendable to life imprisonment. Of these, 2 are MPs and 14 are MLAs.
• Political Party Analysis:
  • Bharatiya Janata Party (BJP) has the highest number of MPs and MLAs with declared cases related to crimes against women at 54.
  • Congress follows with 23 legislators, and Telugu Desam Party (TDP) with 17.
  • Both the BJP and Congress have five sitting legislators each who face rape charges.
• State Analysis:
  • West Bengal ranks the highest among states with 25 sitting MPs and MLAs facing charges related to crimes against women.
  • Andhra Pradesh comes in second with 21 legislators, followed by Odisha with 17.

Alarming Increase in Criminal Backgrounds of MPs:

• 124% Increase Since 2009:
  • According to a separate report by ADR and NEW analyzing the 2024 Lok Sabha elections, there has been a 124% increase in the number of MPs with serious criminal cases since 2009.
  • In the 2024 elections, 31% (170 MPs) of the winning candidates had declared serious criminal cases, including rape, murder, attempt to murder, kidnapping, and crimes against women.
  • Comparatively, in 2019, 29% of the winning candidates had serious criminal cases, 21% in 2014, and 14% in 2009.

Election Trends and Criminal Cases:

• Chances of Winning:
  • The report highlighted that candidates with declared criminal cases have a 15.3% chance of winning elections, whereas candidates with a clean background have only a 4.4% chance of success.
• Party-wise Criminal Backgrounds:
  • In the 18th Lok Sabha, the BJP leads with 94 of its 240 winning candidates having declared criminal cases.
  • Congress follows with 49 MPs, and Samajwadi Party with 21 MPs facing criminal charges.

ADR’s Recommendations:

• Political Parties to Refrain from Fielding Candidates with Criminal Charges:
  • The ADR strongly recommended that political parties avoid giving tickets to candidates with criminal backgrounds, particularly those with charges related to rape and other crimes against women.
• Fast-Tracking of Court Cases:
  • The ADR called for the fast-tracking of court cases against MPs and MLAs to ensure swift justice.
• Voter Awareness:
  • The organization urged voters to refrain from electing candidates facing serious criminal charges, emphasizing the need for informed electoral decisions.

Sources:

• https://m.thewire.in/article/politics/151-mps-mlas-face-charges-of-crimes-against-women-bjp-highest-among-parties-west-bengal-in-states
• https://www.ndtv.com/india-news/151-incumbent-mps-mlas-face-cases-of-crimes-against-women-16-with-rape-adr-report-6385198

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