Why Are Criminals Still in Power? 151 Lawmakers with Charges of Crimes Against Women Continue to Hold Office! Is This the End of Integrity in Indian Politics?

This revelation has come as a shock to many; it has put a dent in the integrity of India’s political system. According to a recent report by the Association for Democratic Reforms, 151 sitting MPs/MLAs have declared cases relating to crimes against women in their election affidavits.

This is not a statistically concluded realization but reflective of the deep rot in India’s political firmament, where persons with serious allegations against them not only manage a chance to fight an election but subsequently capture positions of power. The following is in-depth exploring into the details of this report, its political fallout, and broader societal implications and traverses the ‘who,’ ‘why,’ and ‘how’ behind this disturbing trend.

According to this ADR report, of the 151 lawmakers involved, 16 have been accused of rape under IPC Section 376, an offense whose minimum sentence is ten years but can go up to life, which comprises two MPs and 14 MLAs, cutting across both houses of the Indian Parliament and political parties in the country.

These have been compiled from the analysis of 4,693 of 4,809 affidavits filed before the Election Commission of India for elections conducted at varied levels between the years 2019-2024. The numbers reflect not only the criminalization of politics but also an electoral process that has facilitated the existence of such elements in power and on the fringes.

State-wise Breakup 

The state-wise breakup in the ADR report is topped by West Bengal, with 25 sitting MPs and MLAs accused of crimes against women, followed by Andhra Pradesh at 21 and Odisha at 17. That kind of regional concentration does raise concerns regarding the political dynamics there and the kind of societal set-up that allows for the growth of such persons in politics despite severe criminal allegations against them.

• West Bengal 25 MPs and MLAs
• Andhra Pradesh: 21 MPs and MLAs 
• Odisha – 17 MPs and MLAs

This regional spread clearly indicates a culture of acceptance of violence against women in political scenarios in those areas. It further shows that politicians of particular parties can contest elections and win, thus ensuring electoral democracy curbs the accountability of politicians, therefore leading to the creation of a continuum of impunity and political immunity.

Political Party Affiliations

The problem of criminality in politics doesn’t hold just for one political party. The report elaborates that the Bharatiya Janata Party has the most number of people elected to parliamentary and legislative assemblies who declared cases of crimes against women: 54 MPs and MLAs. Next comes the Congress with 23, then the Telugu Desam Party with 17. The cross-party representation of criminality underlines that it is a systemic problem in the Indian political framework where considerations of winning elections often override ethical considerations and protection of women’s rights.

Party-wise Representation

• BJP: 54 M.P.s and MLAs
• Congress: 23 M.P.s and MLAs
• TDP: 17 M.P.s and MLAs

The fact that five lawmakers from each of India’s two biggest political parties Ideological BJP and Congress have rape charges against them brings forth essential questions regarding their vetting processes. Beyond all, it reflects the malaise of accountability that often swims at the critical junctures of political expediency, overtaking the necessity of maintaining moral and ethical standards associated with public representatives.

Impact on Women’s Safety and Public Trust

The presence of legislators with criminal charges for committing crimes against women holds more profound ramifications beyond the political scenario. It is detrimental to the safety of women and seriously degrades people’s trust in the political and judicial system. When individuals accused of such grave crimes occupy essential offices, the worst signal given out is that the use of violence against women is sanctioned, if not actively encouraged, by the political establishment. This subsequently reflects a culture of impunity, where victims are discouraged from coming forward out of fear of retribution or lack of justice.

Public Perception and Democratic Integrity

The trust that the electorate places in its representatives is the very essence of any working democracy. But if many MPs and MLAs already have criminal charges regarding women, how does that build the trust of the commoners in the very first place? This gives the electorate, if not an outright disillusionment, the feeling that their concerns are not adequately addressed, most notably about women’s safety. This erosion of trust can turn into voter apathy, whereby citizens become disengaged from the political process and believe that their votes don’t really bring in change.

Who Is Responsible?

While prosecution of individuals accused of crimes lies within the purview of the criminal justice system, political parties perpetuate or counter the criminalization of politics. The ADR report argues that political parties need to be mindful of not awarding tickets to people with serious criminal charges against them, especially in cases related to crimes against women. The fact that they are still a part of parliament and state assemblies is, however, indicative that political parties’ priority between electoral gains and ethics considerations leans more towards the former than the latter.

Absence of Accountability

This is because the absence of accountability within political parties is one of the foremost reasons criminal elements come into politics. In the very aftermath of the Mission report, despite well-aroused public outrage and the repeated recommendations of several bodies such as the ADR, apathetic amnesia ensued, and nothing has really been done by political parties to put in place stringent criteria for selecting their candidates. Far from it, this failure is just a failure only in the sense of neglect, but often enough of calculated design to assure electorally positive outcomes, even at the cost of compromising the integrity of the public office.

Electoral Reforms

These findings also show that electoral reforms in India urgently need to be implemented to cleanse the system. Fast-tracking of court cases of the MPs and MLAs accused of committing crimes against women is the other recommendation. It says that more professional and thorough investigations by law enforcement agencies are needed because they are often hindered by political interference and lack of resources.

Normalizing Violence Against Women

The effect of politicians charged with criminal cases involving crimes against women is not only restricted to immediate political implications but extends to society at large. This is further evidence of how violence against women can be quickly trivialized by society and explained away as ‘political vendettas.’ Such normalisation does not only encourage but also silences victims of such crimes, who may sometimes feel that seeking justice is futile in a system that appears to protect the powerful.

The fact that these people are still out there holding positions of authority only fuels the cycle of impunity crimes against women keep getting trivialized, and heinous offenders are hardly brought to book, which is largely courtesy of media that tends to present these acts sensationally rather than expose a system that allows such individuals to thrive in politics.

The implications of this issue are particularly alarming for political representation among women. A political regime replete with individuals on criminal charges, particularly charges involving crimes against women, discourages other women from joining politics because it makes the political space not only hostile but also non-representative of women and a space where they can be targeted and intimidated.

What’s to Be Done?

In view of these disturbing statistics, the ADR has suggested a series of recommendations to help weed out criminality in politics. Implementing the proposed recommendations will significantly reduce the number of persons with serious criminal charges in public office and restore public confidence in the system.

1. Political Parties Should Introduce Serious Candidate Selection Criteria

Political parties themselves need to be held liable for the candidates they field, which in turn requires them to set more stringent criteria for when they pick a candidate and follow them. This would entail, among other things, not giving tickets to candidates facing severe criminal charges against women or accused of heinous crimes. That will clearly send a strong message that the parties care more about the safety and rights of women than merely scoring electoral victories.

2. Fast-Tracking of Court Cases

The judiciary needs to fast-track court cases of MPs and MLAs charged with crimes against women. Apart from the denial of justice to victims, delays in the judicial process also enable the continuance in public office of people accused of crimes, lowering the deterrence of the rule of law.

3. Professional and Thorough Investigations

Cases of crimes against women, especially where public representatives are involved, have to be thoroughly and professionally investigated, and the agencies concerned should not buck under political interference. Justice has to be done, and those guilty of a crime are punished accordingly.

4. Voter Education and Awareness

The background of the candidates, such as criminal charges against a candidate, must be made transparent to the voter. Public awareness campaigns can significantly aid in empowering voters to make informed choices and holding political parties accountable for the candidates that they nominate.

5. Legal Reforms

The goal of reformation of any act of criminality in politics must be based on comprehensive legislation, which must include amendments to the existing laws for the disqualification of those charged with grave criminal acts from running for office and from holding public office. This shall exceptionally ensure that public representatives are held up to very high standards of integrity and respect for the law.

The report of ADR brings out the serious flaws that breed within the Indian political system at the moment. Having 151 sitting MPs and MLAs against whom declared cases of involvement in crimes against women are more than a figure; it shows the weaknesses in the system that allow such people to rise to power. The political parties, the judiciary, law implementation agencies, and the voters all need to be equally responsive to bring about the change.

More importantly, political parties are under an obligation to ensure that wrongdoers are brought to book through quick and just justice done by the judiciary and enforcement agencies, which would be further ethical and accountable in the process of delivering justice. Similarly, the voters also hold a prime responsibility in demanding and extracting an answerable role from their representatives and, therefore, urge their lot to behave appropriately in public offices.

As India struggles through this challenge of gender-based violence, it is about time that the political landscape changed to one where justice, accountability, and protection of the rights of women are assured. The time has come for a collective effort to ensure that those who hold positions of power are held to the highest.