Tuesday, March 25, 2014

Electoral Fraud

Every one of us yearns to raise our status in society, but politicians entertain hopes of great magnitude. There are many men and women of principle in the world, but once they enter politics they just forget those principles they strived for, and constantly seek money, property, and power. Except a few politicians many do not care about their deteriorating reputation.

It is now an apothegm that any candidate standing for any elections in any part of the world would use all available ploys to influence voters. Invariably, many potential voters expect the handouts from the contesting candidates.

It’s natural to think of elections when we think of political corruption. People or organisations with their own agendas can skew voting. They may secretly give parties big donations. Or parties and candidates can buy votes instead of winning them.

But political corruption isn’t just about election rigging. It can lead politicians in office to steer away from good government. Their decisions can benefit those who fund them. The public interest comes second. Political corruption can divert scarce resources from poor and disadvantaged people. This is especially common in countries where democratic institutions are weak or absent. Private rather than public interests dictate policy.

This means an ethical line has been crossed. Governments can’t act freely and democracy can’t function. Our trust in politicians is damaged. We can turn away from involvement with how we’re governed. Then political corruption continues unchecked. The solution? 


India is a nation where over 30 percent of the population lives below the poverty line, and illiteracy is around 35 percent.

All political parties in India indulge in competitive politics. Their mission does not to make life better for the average person or banish unemployment. In certain states instead of promising to provide schools and households with basic amenities such as potable water and hygienic toilets, freedom from corruption, mitigate poverty, and improve the purchasing power of the people, the political leaders promise to provide colour TVs, electronic gadgets such as mixer-grinders, fans, and laptops, to voters who scarcely get electricity for more than four hours a day. Once these parties come into power they first inflate government expenditures, impose taxes, and then hand out enticing goodies instead of worthwhile goods; and that too only to the members of their party.

Electoral politics in India has a new dimension – arrest of voters for accepting bribe.

The Election Commission has arrested 20 persons in the ongoing elections in Karnataka for accepting money to vote in favour of particular candidates – a bailable offence. If the government accepts the commission's plea, offering or accepting money for vote would land people in jail (non-bailable offence).

It is unusual because, normally, a case of bribery is registered against candidates or their nominees for giving money to voters to use franchise in their favour. The voters, who receive money, are not touched as most of them were from economically deprived section.

The practice resulted in the accused going scot-free in the absence of evidence of someone having received the bribe for voting. "There had been no conviction for years for bribing voters," a senior election commission official said. The commission found that proving such a case in court of law was almost impossible.

The commission went for a tactical change. It decided to take action against voters also so that they could have a better case in the court of law and it could also deter voters from accepting money.

The decision was the fallout of the commission's finding that both the major political parties in Tamil Nadu - DMK and AIADMK - had given money and gifts to voters in the last assembly elections but was not able to crack the whip as evidence was not available.

The commission at that time had not taken any penal action against the voters thinking it would send a wrong message that it was targeting the poor and the deprived.

Now, the commission has taken a view to initiate action for deterrence and not harassment. "We are not going whole hog on getting cases registered against voters. It is being done just to send a message that accepting money for voter is a crime under the Indian Penal Code," the commission official said, who accepted that most of voters accepting money were poor. The decision is being implemented in Karnataka polls.

Another reason for the commission failing to stop the menace of bribing voters is the weak provisions in the law, which makes offering or taking bribe a bailable offence.

The commission wants the offence to be non-bailable and has made a request to home ministry to amend the Indian Penal Code. "As many as 18 state governments have agreed to the proposal," the official said and added that the ball was now in the court of the ministry.

The commission believes that if the amendment is enacted before next general elections it can become a huge deterrent in checking the electoral malpractice of money for votes.

Black’s Law Dictionary, the most widely used law dictionary in the United States, defines bribery as an act of offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty.

On December 30, 2013, The Monitor carried news that US Federal authorities arrested a local politiquera Diana CastaƱeda in McAllen, Texas, United States, for paying voters in cash, beer and cigarettes during the 2012 primary and general elections as well as taking voters to buy drugs after they had cast their ballot. According to court records, CastaƱeda confessed that she was a politiquera for various candidates and that during the 2012 elections she was paid $125 by one candidate to get food for voters and to pay them $10 to $20 per vote. However, the name of the candidate that gave her the money was not listed in court records.

City agencies have seized over 2,064 litres of liquor in the past few days and recovered more than 63,000 bottles during the last one month – 61,500 were ‘quarter’ bottles, which are mainly meant for distribution.

Around 7,000 bottles seized on Tuesday were all of the quarter bottle size (180 ml).
 

A few MLAs revealed that liquor bottles are generally distributed a day before the polls. The police and excise department have seized over 63,000 bottles of alcohol in Delhi over the past month after seeing a record-breaking amount of illegally supplied liquor.

The illegal supply of liquor has crossed all records in the run-up to the Delhi assembly elections. 


“Quarter bottles are distributed among slum dwellers and in resettlement colonies. Politicians ask their workers to keep a stock of bottles at secret locations,” a sitting MLA said.

Delhi chief electoral officer Vijay Dev said the Election Commission has asked all the agencies to crack down heavily on the illegal supply of liquor in Delhi.

Politicians use subtle methods to distribute alcohol to avoid run-ins with the police.

“The voter is given a chit to be deposited with a selected liquor vendor to get alcohol. Many candidates also finance parties hosted by other people and distribute liquor in such parties,” said an excise official.

On March 28, 2013, as his indefinite fast against “inflated” power bills entered the sixth day, AAP leader Arvind Kejriwal alleged both Congress and BJP were winning elections through bribing voters and using muscle power. He told his supporters:

“This is because BJP and Congress are both worried as a different kind of politics is slowly emerging in India. So far they are used to winning on the basis of bribing voters, money power and muscle power but now the voters have awakened. The elections will not be elections but revolution.” 


In conversations with US diplomats, the son of India’s powerful home minister P. Chidambaram and an aide to a senior leader of one of the main coalition partners allegedly explained how the main parties in Tamil Nadu state routinely bribe voters to clinch close elections.

One allegedly said they had widely distributed envelopes containing 5000 Rupees in cash (£70) hidden inside voters’ morning newspapers.

The disclosures highlight the nature of electoral fraud in the world’s largest democracy, and its widespread acceptance. Indian political parties, in particular in the south, often offer televisions, refrigerators, and computers to voters to win elections.

American diplomat Frederick Kaplan, a principal officer in its Madras consulate, was surprised at how freely senior politicians apparently admitted paying bribes for votes.

In a cable dispatched on May 13, 2009, the last day of India’s general election, he explained the system to his colleagues in Washington: “Bribes from political parties to voters, in the form of cash, goods, or services, are a regular feature of elections in South India. Poor voters expect bribes from political candidates, and candidates find various ways to satisfy voter expectations. From paying to dig a community well to slipping cash into an envelope delivered inside the morning newspaper, politicians and their operatives admitted to violating election rules to influence voters. The money to pay the bribes comes from the proceeds of fund-raising, which often crosses into political corruption. Although the precise impact of bribery on voter behaviour is hard to measure, it no doubt swings at least some elections, especially the close races,” he wrote.
 

 “Weeks before the elections agents of the parties come to the neighbourhood with cash carried in rice sacks. They have copies of the voter lists and they distribute the money based on who is on the list.” The deliveries are made between “two and four in the morning, when the Election Commission is asleep,” he added.

One aide is quoted as revealing details of bribes paid by his boss. “It is no secret at all [he] paid 5,000 rupees per voter in Thirumangalam,” he said.

Prashant Bhushan, a senior lawyer who has led a crusade against corruption, said the cables revealed the “corruption of democracy” in India.

“These facts show the corruption and monetisation of the electoral process in India and therefore the corruption of the democracy in this country, where democracy essentially exists in a formal sense on paper, [but] effectively it is owned by those people who have money,” he said. “The money comes from all kinds of corruption which is rampant in India,” he added.

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