Press Release: Out of 755 sitting MPs and 3938 sitting MLAs analysed, 151 sitting MPs/MLAs have declared cases related to crimes against women

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Aug 21, 2024, 5:00:20 AMAug 21

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Press Release

Date: August 21, 2024

Dear Friends,

Association for Democratic Reforms (ADR) and National Election Watch (NEW) have analysed 4693 out 4809 election affidavits of sitting MPs and MLAs. This report analyses 755 out of 776 affidavits of sitting MPs and 3938 out of 4033 sitting MLAs from all the 28 states and 8 union territories of India in the last 5 years. It also includes analysis of the affidavits submitted for bye elections held during the 5 years’ period due to resignation, death or vacation of seat due to some other reason.

The data has been extracted from the affidavits (Form 26) submitted to the ECI by candidates (now MPs and MLAs) at the time of elections held in the years between 2019 to 2024. The current status of the criminal cases taken from these affidavits and given in the present report is not known and may vary on a case by case basis. The completeness, timelines and instant status of all data and information used in the report are dependent upon diverse resources of such data and information, which are outside of ADR's control.

For the complete reports in English and Hindi, please see:

https://adrindia.org/Analysis_of_Sitting_MPs_and_MLAs_with_Declared_Cases_Related_to_Crimes_against_Women_2024

Analysis of sitting MPs/MLAs with declared cases related to crimes against women

Out of 755 sitting MPs and 3938 sitting MLAs analysed, 151 sitting MPs/MLAs have declared cases related to crimes against women.

Among these 151 sitting MPs/MLAs with declared cases related to Crimes against women, 16 are sitting MPs and 135 are sitting MLAs.

151 sitting MPs/MLAs have declared cases of Crimes against women such as charges related to assault or criminal force to woman with intent to outrage her modesty (IPC Section-354); Kidnapping, abducting or inducing woman to compel her marriage, etc. (IPC Section-366); rape (IPC Section-376); Whoever commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but may extend to imprisonment (IPC Section-376(2)(n)); Husband or relative of husband of a woman subjecting her to cruelty (IPC Section-498A); Buying minor for purposes of prostitution, etc. (IPC Section-373) and word, gesture or act intended to insult the modesty of a woman (IPC Section-509).

Figure: Number of sitting MPs/MLAs with declared cases of crimes against women

Party wise sitting MPs/MLAs with cases related to crimes against women

Among various parties, BJP has the highest number of sitting MPs/ MLAs i.e., 54, followed by INC with 23 and TDP with 17 sitting MPs/MLAs who have declared cases related to crimes against women.

Figure: Party Wise sitting MPs/MLAs with cases related to crimes against Women

State wise sitting MPs/MLAs with cases related to crimes against women

Among the states, West Bengal has the highest number of sitting MPs/ MLAs i.e., 25, followed by Andhra Pradesh with 21 and Odisha with 17 sitting MPs/MLAs who have declared cases related crimes against women.

Figure: State Wise sitting MPs/MLAs with cases related to crimes against women

Details of sitting MPs/MLAs with declared cases related to rape

Out of 151 sitting MPs/MLAs who have declared cases related to crimes against women, 16 sitting MPs/MLAs have declared cases related to rape (IPC Section-376) and Whoever commits rape repeatedly on the same woman, shall be punished with rigorous imprisonment for a term which shall not be less than ten years, but may extend to imprisonment (IPC Section-376(2)(n)).

Among these 16 sitting MPs/MLAs with declared cases related to Rape, 2 are sitting MPs and 14 are sitting MLAs.

Figure: State Wise sitting MPs/MLAs with cases related to Rape

Party wise number of sitting MPs/MLAs with declared cases related to rape

Among parties, BJP and INC each have the highest number of sitting MPs/ MLAs with 5 each declared cases related to rape.

Figure: Party Wise sitting MPs/MLAs with cases related to Rape

Recommendations

All major political parties give tickets to candidates with cases of crimes against women especially rape and therefore hindering the safety and dignity of women as citizens. These are serious cases where charges have been framed and cognizance have been taken by the courts. These figures reveal the grave malaise and travesty in our political system where the rich and powerful MPs/MLAs with cases related to crime against women are able to subvert the system, use their influence to interfere with the police investigations, use the judicial delays to their advantage and in some cases continuously harass the victims and their families. Association for Democratic Reforms and National Election Watch strongly recommends that:

Candidates with a criminal background should be debarred from contesting elections.

As directed by the Supreme Court in February 2020, Political parties should declare reasons why candidates with criminal cases are given tickets to contest elections.

Court Cases against MPs and MLAs should be fast tracked and decided upon in a time bound manner with court monitored professional and thorough investigation by Police.