The Indian Express Visiting Scholars

We have been demanding for the last 18 years that people against whom there are serious cases pending should be debarred from contesting elections. Two years ago,we called a meeting of all political parties on four issues,and one was this. They unanimously agreed to disagree with us. Their argument was that there can be false cases foisted on political leaders. We proposed three safeguards. One,that those against heinous offences like kidnapping,murder,dacoity,rape,moral turpitude,carrying sentences of imprisonment of more than five years be exempted. Second,the case should have been filed six months before the elections so that you have time for corrective action. Third,a court should have framed the charges. We are reminded that the law of the land is that one is innocent till convicted. In Indian jails,we have four lakh prisoners, of which 2.68 lakh are under-trials,which means that they have not been convicted. But four of their fundamental rights— liberty,right to movement,freedom of occupation and right to dignity have been taken away from them. Right to contest elections is not a fundamental right.