New Delhi: While 328 of the 1,066 candidates who are contesting the first phase of Bihar’s assembly elections have declared serious criminal cases against them, an analysis of their affidavits has revealed that 29 of them were also accused of crimes against women. Three candidates had been charged with cases related to rape.Voting for the first phase will take place on October 28.RJD, BJP lead in fielding candidates with criminal recordsThe analysis, done by the Bihar Election Watch and Association for Democratic Reforms (ADR), of the candidates who are contesting the 71 seats going to polls in the first phase, has also revealed that all the major political parties have field a large number of tainted candidates – with the Rashtriya Janata Dal and Bharatiya Janata Party going neck-and-neck in this race.Overall the analysis, which could not take into account two affidavits out of 1,066 as they were poorly scanned or not on the Election Commission of India website, revealed that 31% or 328 candidates had criminal cases against them.The analysis revealed that almost all the major political parties have fielded a large number of candidates with criminal record. While 73% or 30 out of 41 candidates of RJD declared their involvement in crime, the BJP was not far behind as 72 per cent of its candidates (21 out of 29) declared that they had criminal cases against them. Of the other parties, Lok Janshakti Party has 59% candidates (24 out of 41) with criminal records; Congress has 57% (12 out of 21) and Janata Dal (United) has 31% (eight out of 26).ADR & Bihar Election Watch have analysed the self-sworn affidavits of 1064 out of 1066 candidates, who are contesting in the #BiharAssemblyElections Phase I.Full report: https://t.co/TXvk9eYn5A#BiharAssemblyElections2020 #2020BiharElections #PoliticalParties pic.twitter.com/D4fbrluyvK— ADR India & MyNeta (@adrspeaks) October 20, 2020Around 23% candidates have serious criminal cases against themThe study of the affidavits also revealed that 244 candidates or 23% of all in fray had serious criminal cases against them.These serious criminal cases are those in which the maximum punishment for offence is five years or more; in which the offence is non-bailable; it may be an electoral offence, such as bribery an offence related to loss to exchequer, or one involving assault, murder, kidnap or rape. Besides, offences under Representation of the People Act (Section 8), Prevention of Corruption Act and crimes against women also fall in this category.Also read: Ground Report: A Paper Mill That Never Opened in Bihar’s BaijnathpurIn the case of candidates with serious criminal cases against them, RJD again led with 54% (22 out of 41) of its candidates having such cases against them, followed by LJP at 49% (20 out of 41), BJP at 45% (13 out of 29), Congress at 43% (9 out of 21), JD(U) at 29% (10 out of 35) and Bahujan Samaj Party at 19% (five out of 26).29 candidates accused of crime against womenAt a time when there has been a huge public outcry over crimes against women, especially following attacks on Dalit women in Hathras and other parts of the country, the data revealed that many of the parties have still given tickets to people involved in cases of crime against women.The analysis revealed that 29 candidates have declared cases related to crime against women. Out of them three have declared cases related to rape under Section 375 and 376 of the Indian Penal CodeThis apart, 21 candidates have declared cases related to murder against themselves, while 62 have declared that cases related to attempt to murder were filed against them.Incidentally, as many as 61 (86%) out of the 71 constituencies going to polls in the first phase are “red alert constituencies” or those where three or more contesting candidates have declared criminal cases against themselves.`SC directions on not fielding candidates with criminal records overlooked’The analysis further said that while the Supreme Court had on February 13, 2020 specifically instructed political parties to give reasons for such selection of candidates with criminal records and why other individuals without criminal antecedents could not be selected as candidates, these appear to have had “no effect on the political parties in selection of candidates as they have again followed their old practice of giving tickets to around 31% candidates with criminal cases.”The report by ADR and Bihar Election Watch said as per the mandatory guidelines, the reasons for such selection had to be with reference to qualifications, achievements and merit of the candidate concerned. “Therefore, such unfounded and baseless reasons given by political parties like 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. This data clearly shows that political parties have no interest in reforming the electoral system and our democracy will continue to suffer at the hands of lawbreakers who become lawmakers.”Most parties preferred `richer’ candidatesThe analysis also highlighted how even in a poor state like Bihar many of the candidates are from a rich background. It said “out of the 1,064 candidates, 375 or 35% are crorepatis (those with a net worth of Rs 10 million or more).”A break up of the candidates’ wealth revealed that 93 or 9% of all owned assets worth Rs 5 crore or more; 123 (12%) had assets between Rs 2 crore and Rs 5 crore; 301 or 28 per cent had assets between Rs 50 lakh and Rs 2 crore; 315 or 30% had assets between Rs 10 lakh and 50 lakh; while 232 or 22% had assets worth less than Rs 10 lakh.Also read: Mood in Nitish Kumar’s Stronghold Could Explain His Focus on Lalu Prasad’s RuleAmong the political parties, 95% of RJD candidates (39 out of 41) declared assets worth over Rs 1 crore; as against 89% of JD(U) (31 out of 35); 83% of BJP (24 out of 29); 73% of LJP (30 out of 41); 67% of Congress (14 out of 21) and 46% of BSP (12 out of 26).43% candidates have studied up to Class 12While money and criminality appear to be the defining points in the affidavits of most candidates, their educational qualifications by and large are little to write about. The analysis said while while five candidates are illiterate, 74 have stated that they are literate; while 455 (43%) declared their educational qualification to be between Class 5 and Class 12 pass; while only 522 (49%) declared to be graduate or above.In view of these findings, ADR has recommended among other things that to curb the “existing problem of criminalisation”, the Supreme Court of India should reprimand political parties and politicians for their complete lack of will, reprehensible predilection and absence of required laws.`Disqualify candidates involved in serious crimes, cancel tax exemptions to parties fielding them’It has also sought “permanent disqualification of candidates convicted for heinous crimes like murder, rape, smuggling, dacoity, kidnapping etc.” and “disqualification of persons from contesting elections to the public offices against whom charges have been framed for having committed serious criminal offences punishable by imprisonment of at least 5 years, and where the case is filed at least 6 months prior to the election in question.”Realising that these efforts would yield little till the political parties are also made accountable, ADR has further called for “cancellation of tax exemptions given to the political parties who field such tainted candidates” and demanded “bringing political parties under the Right to Information Act” and de-registering and de-recognising any political party if it knowingly puts up a candidate with a tainted background.
