15-May-2024-Special-Article

PARLIAMENT AN UNSAFE WORKPLACE DUE TO SEXUAL MISCONDUCT BY MPS, SAY UNIONS 

The recent cases of alleged sexual harassment involving Members of Parliament (MPs), Members of Legislative Assembly (MLAs), and government employees have highlighted a concerning issue: the criminalization of politics.  

This phenomenon raises significant ethical questions about moral responsibility and professional ethics.  

What Does the Criminalization of Politics Mean? 

• Criminalization of politics occurs when individuals with criminal charges or backgrounds become politicians and are elected to office. 
• Impact: It undermines democratic principles such as fairness in elections, accountability, and adherence to the law. 
• Concerns: This issue has become a major societal problem, affecting the integrity of the democratic process. 

Statistics 

• Increasing Trend: Data from the Association for Democratic Reforms (ADR) indicates a rising number of candidates with criminal charges being elected to Parliament since 2004. 
• 2009 Lok Sabha: 30% of parliamentarians had pending criminal cases. 
• 2014 Lok Sabha: This figure rose to 34%. 
• 2019 Lok Sabha: 233 (43%) of 543 members faced criminal charges, with 112 (21%) involved in serious criminal cases, including rape and murder. 

Causes of Increasing Criminalization of Politics 

Nexus Between Politicians and Criminals 

• Mutual Benefit: Many politicians have close ties with criminal elements, leveraging their money and muscle power to win elections. 

Weak Law Enforcement and Judicial System 

• Inefficiency: The Indian criminal justice system frequently suffers from slow, inefficient, and corrupt processes, which make it challenging to prosecute and convict politicians with criminal backgrounds. 
• Low Conviction Rate: A 2019 report by the National Crime Records Bureau showed a conviction rate of only 6% for crimes committed by Members of Parliament and State Legislatures. 

Lack of Internal Party Democracy 

• Candidate Selection: Political parties in India often lack strong internal democratic structures, allowing leaders to handpick candidates based on electability rather than integrity. 

Voter Apathy and Lack of Political Awareness 

• Immediate Benefits: Voters, especially in rural and impoverished areas, may prioritize immediate tangible benefits provided by criminal-backed candidates over long-term governance and rule of law. 

Ethical Issues Associated with Criminalization of Politics 

Absence of Non-Partisanship and Accountability 

• Lack of Action: Failure to address misconduct within the political class highlights a lack of accountability and ethical standards. 
• Partisanship: Intense partisanship and prioritization of power over ethical conduct lead to defending individuals accused of serious offences. 

Lack of Democratic Accountability Through Public Outrage 

• Reactive Measures: Public outrage often forces political parties to act, highlighting the need for proactive mechanisms of accountability. 
• Example: The case of Prajwal Revanna shows that political responses are often reactive rather than pre-emptive. 

Culture of Impunity and Individual Accountability 

• Systemic Failures: A culture of impunity allows norms and rules to be inconsistently enforced, burdening individual women to seek justice. 
• High Personal Costs: Women pursuing justice, such as the complainant against Revanna or the Unnao rape survivor, face high personal costs, underscoring the need for systemic reforms. 

Women’s Empowerment as a Fallacy 

• Unfulfilled Agendas: Despite political agendas on women’s empowerment, substantive progress on respect, equality, and security remains limited. 
• Peripheral Concerns: Women’s issues often remain on the periphery of political agendas, undermining meaningful progress. 

Representation vs. Empowerment 

• Insufficient Representation: Equitable representation alone is not enough for true political empowerment; the ability to set and enforce ethical standards is crucial. 
• Limited Impact: Bodies like the National Women’s Commission and National Human Rights Commission (NHRC) often have limited impact due to the disconnect between representation and empowerment. 

Ethical Implications of Criminalization of Politics 

Societal Perspective 

• Erosion of Moral Fabric: When individuals with criminal backgrounds hold power, it signals that lawbreaking is acceptable, leading to a decline in societal ethics and respect for the law. 
• Reduced Civic Participation: Trust in the democratic process erodes, leading to lower voter turnout and civic engagement. 
• Inequality and Exclusion: Criminalization disproportionately affects marginalized communities, limiting their representation and progress. 
• Short-Term Gains: Politicians with criminal backgrounds may prioritize personal gain over long-term societal development. 

Democratic Perspective 

• Undermining Principles: Criminalization undermines the core democratic principle of electing representatives who uphold the law. 
• Distorted Elections: Money laundering, muscle power, and intimidation distort electoral processes, disadvantaging honest candidates. 
• Lack of Accountability: Politicians with criminal backgrounds are less likely to face scrutiny or be held accountable, reducing transparency in governance. 
• Hindrance to Development: Criminalization can stall crucial reforms and divert resources towards personal gain, hindering national development. 

Way Forward 

Strengthening Institutional Mechanisms for Accountability 

• Empowering Agencies: Strengthen anti-corruption agencies and the judiciary to effectively investigate and prosecute political corruption. 
• Internal Party Reforms: Establish transparent and impartial internal party disciplinary processes. 
• Independent Oversight: Ensure the independence and effectiveness of oversight bodies like the Election Commission of India (ECI), NHRC, and National Commission for Women. 

Promoting a Culture of Ethical Conduct 

• Code of Conduct: Develop a comprehensive code of conduct for elected representatives and political party officials. 
• Ethical Training: Mandate ethical training and sensitization programs for all political members. 
• Penalties for Violations: Impose stringent penalties, including disqualification, for violations of ethical norms. 

Empowering Citizens and Civil Society 

• Civic Education: Enhance political awareness and critical thinking among voters through improved civic education. 

• Citizen Participation: Encourage greater citizen participation in the political process through grassroots movements and advocacy campaigns. 
• Role of Media: Support independent media, watchdog organizations, and activists in investigating and highlighting political misconduct. 

Mains Question: 

1. Discuss the impact of criminalization of politics on the integrity of democratic institutions and suggest measures to address this challenge. (150 WORDS)