At least 151 sitting MPs and MLAs have disclosed cases related to crimes against women in their election affidavits, with West Bengal leading the way, according to a report by a poll rights organisation.
The Association for Democratic Reforms (ADR) reviewed 4,693 out of 4,809 affidavits submitted by MPs and MLAs to the Election Commission of India for elections held between 2019 and 2024. In its findings, 16 MPs and 135 MLAs were found facing charges linked to crimes against women.
West Bengal had the highest number of such lawmakers, with 25 facing charges, followed by Andhra Pradesh with 21 and Odisha with 17. These findings coincide with nationwide protests against the rape and murder of a trainee doctor at a hospital in Kolkata, the sexual assault of two children in Thane and numerous other cases of crime against women.
The report also revealed that 16 sitting MPs and MLAs face charges under IPC section 376, which covers rape and carries a minimum sentence of 10 years to life imprisonment. Of these, two are MPs, and 14 are MLAs, with repeated offences in some cases.
When broken down by political party, the BJP leads with 54 lawmakers with declared cases, followed by Congress with 23 and TDP with 17. Both BJP and Congress each have five sitting lawmakers facing rape charges.
The ADR has issued strong recommendations following these findings, urging political parties to avoid nominating candidates with criminal backgrounds, particularly those facing charges of rape and other crimes against women.
The report called for expediting court cases involving MPs and MLAs, and prompt and thorough police investigations. The ADR also urged people not to vote for candidates with such charges.
In February 2020, the Supreme Court expressed concern over the “alarming increase” in the number of candidates with criminal histories being elected to Parliament and state legislative assemblies. The court issued directives requiring political parties to “explain” why they grant tickets to candidates with criminal charges.
The Supreme Court made it mandatory for all political parties to publicly disclose details of any pending criminal cases against their selected candidates. This information has to be published in local newspapers, as well as on party websites and social media accounts. These parties must also provide an explanation for the selection of such candidates, detailing why individuals without criminal records could not be chosen instead.
The court also specified that the reasons provided for selecting candidates with criminal charges must be based on their qualifications, accomplishments, and merits, rather than simply their “winnability” in the election.
