SHILLONG: All are equal before law – at least that is what is enshrined in the Constitution. But, in reality, that politicians are more equal than others almost goes without saying, considering the many privileges that they enjoy almost as a birthright, especially those contesting elections. Commoners, however, can only daydream of such privileges.
Consider, for example, the apparent difference in treatment meted out to a government servant and a public servant (MP or MLA) if both are lodged in judicial custody. While the former will be peremptorily suspended from service – even if he finds himself behind bars for one day – the latter is free to contest elections unless convicted by a court of law.
Politicians, even tainted ones, enjoy unimaginable immunity under all kinds of circumstances that the common man can never hope to have. An FIR against a job-seeker is enough to cancel his application and might ruin his entire life and career. No prizes for guessing how many FIRs are filed against MPs and MLAs on an almost daily basis. Are they asked to vacate their seats in Parliament or the state legislatures?
The epitome of irony, however, must be that politicians who routinely parrot slogans of purging corruption from the system turn the other way when civil society raises the pitch for weeding out tainted netas and disallowing tarnished ‘representatives of the people’ from contesting polls. Although there are several criminal cases pending against many legislators, there is no bar on them from contesting elections as the Representation of the People Act (RPA) accords relief, and even protection, to them whereas hapless ordinary mortals are governed by the stringent CrPC and IPC.
The amended RPA says that unless convicted anyone can contest elections. Before the amendment, the Supreme Court on July 10, 2013 had ordered that a person lodged in jail seizes to be a voter and hence cannot contest elections.
However, Parliament while amending the RPA brought the additional section 62 (4), which accords protection to contesting candidates stating that unless convicted, individuals can contest polls. The amendment was notified on October 9, 2013.
There are a clutch of contenders in the upcoming Assembly polls in the state who are accused – although not yet convicted – of corruption, rape, murder and even of having links with militants. Any wonder then that murmurs float around that the RPA should be amended to streamline the system?
Independent candidate from Mawhati Julius Dorphang, who is in jail after a chargesheet was filed against him for raping a minor, is contesting the polls from behind bars while East Shillong MLA and Congress candidate Ampareen Lyngdoh is an accused in the education scam that recently hit headlines. No chargesheet has been filed against her, though.
And the list is long. KC Boro, BJP candidate from Tikrikilla, was accused of murdering his second wife, but the party leadership said that he had been cleared of all charges by the court.
Cabinet Minister and Congress candidate from Williamnagar Deborah Marak was chargesheeted for his links with the GNLA and James Shylliang, who is contesting from Mawhati on a PDF ticket, is a surrendered HNLC cadre.
Former MLA Desang Sangma of the NCP, who is seeking re-election from
Rongjeng, is a surrendered ALMA militant while Dilash Marak, who is contesting from Dadenggre on a BJP ticket, is the former chairman of ANVC – the militant outfit which was disbanded a few years ago.
Sharing his views on tainted politicians and the need to purge them from the electoral system, retired IAS officer and social activist Toki Blah said, “Several laws have been framed that are blatantly pro-politician”, adding that MPs get almost everything for free. He said politicians frame laws in order to save themselves as they believe they are above the law.
Blah noted that the RPA should be amended to ensure that a minimum level of educational qualification is set for politicians contesting elections as many of them cannot even read while taking their oath of office.
Seconding Blah, CSWO president Agnes Kharshiing said the RPA should be amended and cases against politicians fast-tracked. Elected representatives should be accountable to the people, she said, and frame laws for the protection of every citizen.
Former minister RG Lyngdoh, however, has a different take on the issue as he believes politicians cannot be disqualified with mere accusations or FIRs as the law says that they are allowed to contest an election until proven guilty.
The affidavits filed by the candidates do not have a separate column to indicate whether there are criminal cases pending against them, he added. An affidavit only has one column to indicate if the candidate concerned has been chargesheeted in any case.
However, among those who have thrown their hat into the electoral ring this time only Julius and Deborah have been chargesheeted in separate cases.
