Crime and Politics in Indian Context (original) (raw)

Criminalisation of Indian Politics

Innovative Research Thoughts International, 2018

The practise of criminalising political activity in India is a severe problem that has dogged the democratic system of the nation for many years. In this context, infiltration refers to the process through which criminals and persons with a track record of criminal activity enter the political arena, therefore creating a connection between politics and criminal activity. This has resulted in a flawed electoral process, in which politicians with criminal histories routinely win elections and hold public office. This has led to a compromised electoral process. The pervasiveness of corrupt practises, favouritism within the political system, and an absence of openness are the fundamental reasons why this issue exists. The necessity for cash during elections is a major factor that contributes to the close relationship that exists between politicians and criminals. Political parties often accept contributions from persons with questionable histories. It has far-reaching ramifications, including the deterioration of public faith in the political system and the undermining of democracy, which are both caused by the criminalization of politics. In addition to this, it has a direct effect on law and order since criminals in positions of power may use such positions to protect themselves from legal prosecution and commit crimes without fear of repercussions. In order to combat the criminalization of politics, a number of different measures have been proposed. These measures include the imposition of stricter criteria for candidates who are contesting elections, the expeditious disposal of criminal cases brought against politicians, and the disclosure of criminal records of candidates by political parties. However, as a result of political meddling and a general lack of political will, the implementation of these policies has been sluggish and often inefficient. In order to effectively solve the problem of the criminalization of politics in India, there must be a coordinated effort on the part of all of the relevant stakeholders, including political parties, civil society groups, and the judicial system. The only way for the nation to have any chance of reestablishing the purity of its democratic process and ensuring that those in power are responsible to the people whom they serve is if everyone works together.

Criminalization of Politics in India: An Overview

SK International Journal of Multidisciplinary Research Hub, 2022

India, recognized as the world's largest democracy, stands as an inspiration for nascent democracies globally. The framers of the Indian Constitution deliberately chose a parliamentary democracy as the suitable framework for a nation as vast and diverse as ours. However, there exists a growing apprehension within India regarding various aspects of our electoral system. The infiltration of criminal elements into our political landscape has been a subject of unanimous concern, highlighted by numerous committees on political and electoral reform. This infiltration manifests in multiple forms, with a particularly alarming aspect being the substantial presence of elected officials facing pending criminal charges. Across Indian states, politicians find themselves entangled in controversies, fostering relationships with criminal elements, thereby enabling these forces to exert undue influence over our democratic institutions. Regrettably, no political party remains untouched by this influence, as leaders often capitalise on a system that favours their interests. The lamentable consequence is that individuals with tainted records and illicit affiliations ascend to positions of power within our legislative bodies, entrusted with the governance of our nation despite their compromised integrity. This criminalization of governance poses a dire threat to India's democratic fabric. This article endeavours to dissect the evolution and underlying causes of criminalization within Indian politics, tracing its origins and its detrimental impact on the democratic process. Moreover, it also underscores the measures taken towards electoral reform and offers insights into their implementation.

Decriminalization of the Law Makers -The Deepening Crisis in Indian Democracy

India forward , 2019

This article deals with one of the most threatening aspects of Indian democracy now i.e., the overwhelming presence of persons with criminal cases or criminal background, sometimes in the nature of serious crimes , either at the initial stages of investigation or advanced stages of trial. The system as such is concerned about this trend and from the Courts to the Law Commissions to the concerned citizens ... all are worried about it. This article explores the historical and judicial background of the subject matter and the ways and means ahead.

Corruption and Criminalisation in India's Public Life

India ranks fairly low on Corruption Perception Index. There has been a debate for the past two decades about criminalisation of Indian politics. This essay attempts to analyse both and look at link between the two.

From Lawbreakers to Lawmakers : The Subnational Dimension of Political Malfeasance and the Criminalization of Indian Electoral Politics

2015

This study examines the extent and the correlates of the increased entry of persons with alleged or proven criminal backgrounds into Indian electoral and representative politics, as “tainted” candidates and elected national legislators. It confirms the previously perceived trend of an increase in the number and share of tainted national-level politicians active in the country from 2004 onward. A state-level analysis of information about candidates, legislators, as well as the regional social and political contexts shows that larger shares of tainted national MPs elected from particular federal states are in part a function of larger shares of tainted candidates running in the respective states’ electoral districts, and of the average level of competitiveness of the electoral contests in those states. These are themselves strongly correlated with the shares of state-level legislators (MLAs) with criminal backgrounds. Non-national political parties and smaller national parties are mor...

Political Crime in South Asia: A Theoretical Explanation

The conference paper focused mainly on political crime and victimization in South Asian developing countries (i.e., demographic subdivision Bangladesh). The objective of this paper is drawing successful strategies to make exploitation free life on the basis of the existing laws and theories to eradicate the peril. The data was collected mainly from secondary sources. After liberation war in 1971 there was no existence of the term political crime specifically but now it is the most detrimental crime which is increasing day by day. The perceived types of political crime included genocide, espionage, extrajudicial killings, political assassination, election fraud and violence etc. The underlying causes of political violence are political-ideological issues, Secularism and religion etc. The general people are the victim in this regard. The study was recommended to take a collaborative action to all the stakeholders to create awareness to the political parties enforcing laws by government to eclipse these sorry tales.

Criminality and Incumbency of Candidates to the National Legislature in India1

2010

Utilizing new data on criminal charges against candidates to India's Fourteenth and Fifteenth Lok Sabha elections, we study the conditions that resulted in approximately a quarter of those elected to each legislature facing or having previously faced criminal charges. We show that Indian political parties are more likely to select criminals to run as candidates in electoral districts with lower levels of literacy and when parties face greater electoral uncertainty. The first finding resonates with a large literature that documents that poorly informed voters are more vulnerable to manipulation by unscrupulous politicians. The latter finding runs contrary to standard democratic theory, which claims that more electoral competition improves democratic accountability. We provide a formal model to gain insight into this surprising result. Subsidiary results show that the well-known incumbency disadvantage characterizing India legislative elections stems from the extraordinary performance of criminal candidates.

Criminal Law Reforms in India: A Study on Past, Present and Future

Ymer, 2022

The Criminal Justice System represents the cutting edge of governance. Towering over society, it parades an array of institutions, processes, people, and penalties to reinforce its images. This array includes policemen in uniform, constables with batons or lathis, the police station, courts, jail, bail, sentence, prisons, imprisonment, death row, the gallows, hanging and death. Each of these institutions and processes is part of the Criminal Justice System and yet partly autonomous within it. But a matter of great concern is that there arise multiple questions about whether these institutions are working/functioning properly within their ambit or not. Is there lack of implementation of provisions of criminal law by the enforcing agencies? Whether the recommendations of law commissions are adequately implemented? Whether the Malimath Committee's Report on Criminal Law Reforms are being adequately addressed and enforced. Is adversarial system of criminal justice in India suitable in the present-day context, or it is high time to accept few principles of inquisitorial system of justice as it is prevailing in common law countries. With these few questions, in the present paper, the researchers have made an attempt to introduce our criminal justice system. The researchers further focuses on reforms recommended by the Law Commission. Finally, the researchers have suggested some important changes/modifications required in the prevailing criminal justice system in India to make it more streamlined and strengthened.