[National Election Watch news] Press Release: Our elected representatives have declared cases of promoting communal tension against them (37 sitting MPs & MLAs declare cases under IPC 153A)

Dear Friends,

In the wake of the horrific communal riots in Muzaffarnagar, all the political parties continue to play a blame game against each other. Analysis by the Association for Democratic Reforms (ADR) and National Election Watch (NEW) however reveals how most political parties have been continuously giving election tickets to candidates who have declared charges of promoting enmity between religious groups (IPC 153A), destruction of religious places (IPC 295) and committing acts intended to outrage religious feelings (IPC 295A).

Press Release

Summary and Highlights

Sitting MPs/ MLAs

· Sitting MPs with cases under IPC 153A: 11 Sitting MPs have declared cases under IPC Section 153A. 9 out of the 11 MPs are from the Lok Sabha and 2 are members of the Rajya Sabha.

· Sitting MLAs with cases under IPC 153A: 26 Sitting MLAs have declared cases under IPC Section 153A.

· Sitting MPs with cases under IPC 295A: 3 Sitting MPs have declared cases under IPC Section 295A. (There may be an overlap between MPs and MLAs with cases under IPC 295A, IPC 295 and IPC 153A i.e. they are not mutually exclusive)

· Sitting MLAs with cases under IPC 295A: 9 Sitting MLAs from various states have declared cases under IPC Section 295A. (There may be an overlap between MPs and MLAs with cases under IPC 295A , IPC 295 and IPC 153A i.e. they are not mutually exclusive)

· Sitting MPs with cases under IPC 295: 3 Sitting MPs have declared cases under IPC Section 295. (There may be an overlap between MPs and MLAs with cases under IPC 295A, IPC 295 and IPC 153A i.e. they are not mutually exclusive)

· Sitting MLAs with cases under IPC 295: 5 Sitting MLAs have declared cases under IPC Section 295. (There may be an overlap between MPs and MLAs with cases under IPC 295A, IPC 295 and IPC 153A i.e. they are not mutually exclusive)

· Partywise MPs and MLAs with cases under IPC 153A: Among all parties, 14 BJP MPs and MLAs (7 MPs and 7 MLAs), 5 AIMIM MPs and MLAs (1 MP and 4 MLAs), 4 MPs and MLAs from SP (1 MP and 3 MLAs), 4 MLAs from TRS, 2 MLAs from JD(U) and 1 MLA each from INC, DMK, RJD, PMK have declared cases under IPC Section 153A. 1 MP each from TDP and VCK has also declared cases under Section 153A.

· Statewise MPs and MLAs with cases under IPC 153A: 12 Uttar Pradesh MPs and MLAs (4 MPs from Lok Sabha, 1 MP from Rajya Sabha and 7 MLAs), 10 Andhra Pradesh MPs and MLAs (1 Lok Sabha MP, 1 Rajya Sabha MP and 8 MLAs), 4 MLAs from Bihar, 4 Karnataka MPs and MLAs (2 MPs and 2 MLAs, 3 Tamil Nadu MPs and MLAs (1 MP and 2 MLAs) have declared cases under IPC Section 153A.

· Partywise MPs and MLAs with cases under IPC 295A: Among all parties, 5 BJP MPs and MLAs (1 MP and 4 MLAs) and 5 AIMIM MPs and MLAs (1 MP and 4 MLAs) have declared cases under IPC Section 295A. (There may be an overlap between MPs and MLAs with cases under IPC 295A, IPC 295 and IPC 153A i.e. they are not mutually exclusive)

DISCLAIMER:

This report is based on an analysis of the self sworn affidavits submitted by candidates, with the Election Commission of India, prior to contesting Elections.

ADR and NEW are not aware of the current status of the criminal cases declared by the candidates. We will know about their current status in case these candidates contest another election and submit a fresh affidavit.

Given below are the definitions of IPC Sections 153A, 295 and 295A.

Regards

Association for Democratic Reforms

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Details of IPC Sections 153A, 295 & 295A

SECTION 153 A:

The purpose of the Section 153 A is to punish persons who indulge in wanton vilification or attacks upon the religion, race, place of birth, residence, language etc of any particular group or class or upon the founders and prophets of a religion. The jurisdiction of this Section is widened so as to make promotion of disharmony, enmity or feelings of hatred or ill-will between different religious, racial, language or regional groups or castes or communities punishable. Offence on moral turpitude is also covered in this section.

The offence is a cognizable offence and the punishment for the same may extend to three years, or with fine, or with both. However, the punishment of the offence committed in a place of worship is enhanced up to five years and fine.

Ingredients of Section 153A:

 The act of promoting enmity between different groups on grounds of religion, race, place of birth, residence, language, caste, community or any other group.

 Acts prejudicial to the maintenance of harmony between different groups or castes or communities, if the acts disturb public tranquility.  Acts causing fear or alarm or a feeling of insecurity among members of any religious, racial, language or regional group or caste or community by use of criminal force or violence against them.

SECTION 295:

Section 295 of the I.P.C makes destruction, damage, or defilement of a place of worship or an object held sacred, with intent to insult the religion of a class of persons, punishable with imprisonment which may extend to two years, or with fine , or with both. This section has been enacted to compel people to respect the religious susceptibilities of persons of different religious persuasion or creeds.

Ingredients of Section 295:

 The accused must do such an act with the intention of insulting the religion of any person, or with the knowledge that any class of person is likely to consider such destruction, damage or defilement as an insult to their religion.

 The accused must destroy , damage or defile any place of worship or any object which is held as sacred by any class of persons.

SECTION 295-A:

The object of Section 295-A is to punish deliberate and malicious acts intended to outrage the religious feelings of any class by insulating its religion or the religious beliefs. This section only punishes an aggravated form of insult to religion when it is perpetrated with deliberate and malicious intention of outraging the religious feelings of a class.

Ingredients of Section 295-A:

 The accused must insult or attempt to insult the religion or religious beliefs of any class of citizens of India.

 The said insult must be with a deliberate and malicious intention of outraging the religious feelings of the said class of citizens.

 The said insult must be by words, either spoken or written, by signs or by visible representation or otherwise.

 The offence under Section 295-A is cognizable and a non-bailable and non-compoundable offence.

 The police have a power under to arrest a person charged under Section 295-A without a warrant.