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31.03.2021
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An analysis of the affidavits submitted by candidates in the 30 constituencies across the Union Territory of Puducherry for the April 6 Assembly election shows 17% of them face criminal charges.

The analysis, done by the Association for Democratic Reforms (ADR)/The Puducherry Election Watch, found that 54 candidates (17%) of the 323 candidates had declared criminal cases pending against them and 28 (9%) declared serious criminal cases pending against them.

In the 2016 Assembly election, of the 343 candidates analysed, 68 (20%) had declared criminal cases and 30 (9%) had declared serious criminal cases.

The 2021 study excluded one Independent candidate — S.K. Subramanian from the Raj Bhavan constituency — owing to the incomplete affidavit available on the Election Commission of India’s website at the time of preparing the report, which was recently shared with the media.

In a party-wise breakdown, 3 out of 5 candidates from the AIADMK, 5 out of 9 candidates from the BJP, 7 out of 13 candidates from the DMK, 4 out of 14 candidates from the Congress, 3 out of 16 candidates from the All India N.R. Congress and 2 out of 26 candidates from the DMDK had declared criminal cases pending against them.

An analysis of those facing serious charges from the major parties shows 2 out of 5 candidates from the AIADMK, 5 out of 13 candidates from the DMK, 2 out of 9 candidates from the BJP, 2 out of 14 candidates from the Congress, 2 out of 26 candidates from the DMDK and 1 out of 16 candidates from the All India N.R. Congress have declared serious criminal cases.

While two Independent candidates have declared cases related to murder (Section 302, IPC), the AINRC candidate from Karaikal North faces a charge related to attempt to murder (Section 307, IPC).

Only one candidate — Congress candidate from Manavely — has declared cases of crime against women, relating to word, gesture or act intended to insult the modesty of a woman (Section-509, IPC).

Out of the 323 candidates analysed, 36 are from national parties, 64 from State parties, 108 from registered unrecognised parties and 115 are contesting independently. The analysts have found that 8 (27%) of the 30 constituencies are red alert constituencies, or constituencies where 3 or more candidates have declared criminal cases against themselves.

In its conclusions, the ADR has observed that the directions of the Supreme Court appeared to have had little effect on the parties in the selection of candidates in the 2021 election. All major parties have put on their ticket 8% to 60% candidates who have declared criminal cases.

The Supreme Court, in its directions of February 13, 2020, instructed parties to cite reasons for selection of such candidates and why others without criminal antecedents could not be selected. The reasons have to be with reference to qualifications, achievements and merit.

‘No interest in reform’

“The data clearly show 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,” says P. Joseph Victor Raj, State coordinator for the ADR/The Puducherry Election Watch.

The ADR has recommended measures to remedy this criminalisation of the political sphere by permanent disqualification of candidates convicted of such heinous crimes as murder, rape, smuggling, dacoity and kidnapping and debarring persons against whom charges have been framed for having committed serious criminal offences punishable by imprisonment of at least 5 years and the case is filed at least 6 months prior to election. It has also suggested cancellation of tax exemptions given to the parties which field such candidates.

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