IS THIS DEMOCRACY FOR WE INDIANS?





251 out 543 MPs from current Loksabha face criminal cases, this includes 19 out of 20 Kerala MPs. Out of them 170 are charged with offences punishable with  imprisonment for five years or more. Gathering the data from various high courts, amicus curiae and Senior Advocate Vijay Hansaria submitted a 83 page report to a bench of justices Dipankar Dutta and Manmohan. It stated that 19 out of 20 (95%) MPs from Kerala faces criminal charges and 11 of them are serious cases. Out of the 17 MPs from Telangana 14 faced criminal charges (82%), Odisha 76% (16 out of 21), Jharkhand 71% (10 of 14), Tamil Nadu 67% (26 of 39) and about 50% MPs the major states like Uttar Pradesh, Maharashtra, West Bengal, Bihar, Karnataka and Andhra Pradesh are also charged with criminal offences. Haryana 1out of 10, Chattisgarh 1 out of 11, Punjab 2 out of 13, Assam 3 out of 14, Delhi 3 out of 7,  Rajasthan 4 out of 25, Gujarat 5 out of 25 ,  Madhya Pradesh 9 out of 29 also have faced criminal charges. Hansarika told that though SC had directed in 2023 to jurisdictional HCs to set up a bench to monitor the trial of criminal cases pending against sitting/former legislators, there are many states which are yet to set up designated courts for this purpose. The trial in some states are pending for more than two decades. He further said that as on Jan 1, there are 4732 cases pending for trial against the sitting or former legislators.UP topped the list with 1171 such cases, followed by Odisha 457, Bihar 448,  Maharashtra 442, MP 326, Kerala 315,  Telengana 313, Karnataka 255, Tamil Nadu 220, Jharkhand 133 and Delhi 124.

There are 151 sitting MPs and MLAs have declared cases related crime against women. According to a recent report by a poll rights body of West Bengal having the highest number of law makers facing such cases. The Association for Democratic Reforms examined 4693 out of 4809 affidavits of sitting MPs and MLAs submitted to the Election Commission of India  during election between 2019 and 2024. The organisation identified 16 MPs and 135 MLAs facing cases related to crime against women. As per the report there are are 16 MPs and MLAs who have declared cases related to rape under Indian Penal Code section 376, which carries a minimum sentence of 10 years and can be extended to life imprisonment. Among those 2 are MPs and 14 are MLAs.

(Indebted to Times of India (timesofindia.indiatimes.com, Dhananjay Mahapatra TNN India, 11 Feb 2025 and The Economic Times (m.economictimes.com)

K V George 

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