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FACT CHECK: Does BJP has the most numbers of leaders facing rape charges?

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Summary

It is true that BJP has the most number of MPs and MLAs facing rape charges according to an ADR report. Also, all the names mentioned in the post have been charged for raped or sexual misconduct.

Recently, a post surfaced on Twitter with a claim that the Bhartiya Janta Party has the most number of MPs and MLAs facing rape charges. A twitter user named Desi Bhai Einstein posted a picture with a caption, "Keyboard warriors supporting #HyderabadEncounter, should take a look at this viral list of politicians accused of rape charges and decide on #FakeEncounter raaj instead of creating strict laws against such crimes!"

In this post, the names of 20 people are mentioned who are alleged to face rape charges.

At the time of writing this article, this post has been shared more than 300 times.

The Truth Behind the claim

The viral post talks about an ADR report. So, we searched for the report and found that ADR had published a report titled, "Analysis of MPs/MLAs with Declared Cases Related to Crimes against Women" on 16th October 2018.

The report shows that the ruling Bharatiya Janata Party (BJP) has indeed the most number of MPs/MLAs with cases of crimes against women. The party has also been giving more tickets to these candidates as compared to others.

ADR analysed 4,845 out of 4,896 election affidavits of MPs and MLAs to arrive at these startling figures. These include 768 of 776 affidavits of MPs and 4,077 out of 4,120 MLAs from all states.

The study says that of 1,580 (33 per cent) MPs/MLAs analysed with declared criminal cases, 48 have declared cases related to crimes against women.

Among various recognized parties, BJP has the highest number of such MPs/ MLAs, 12, followed by Shiv Sena with 7 and AITC with 6.

Of these 48 MPs/MLAs with declared cases related to Crimes against women, 45 are MLAs and 3 are MPs.

The above report included MPs from the previous Loksabha.

Analysis of 2019 Lok Sabha election winners

ADR published a report in May 2019, which gave details about criminal records of 2019 Lok Sabha election winners. According to the report, out of 539 winning candidates, 19 of them faced charges of crime against women.  Out of these, 3 are facing rape charges.  

Criminal Cases against MPs

Of the 539 winning candidates analysed by the ADR, as many as 233 MPs or 43 percent have criminal charges.

The BJP has 116 MPs or 39 percent of its winning candidates with criminal cases, followed by 29 MPs (57 percent) from the Congress, 13 (81 percent) from the JDU, 10 (43 percent) from the DMK and nine (41 percent) from the TMC, the ADR said.

In 2014, 185 Lok Sabha members (34 percent) had criminal charges and 112 MPs had serious criminal cases against them. In 2009, 162 (nearly 30 percent) out of the 543 Lok Sabha MPs had criminal charges and 14 percent had serious criminal charges, it said.

In the new Lok Sabha, nearly 29 percent of the cases are related to rape, murder, attempt to murder or crime against women, the non-governmental organisation said.

Analysis of the BJP leaders in the list

In the viral post, the names of 20 people are given and are alleged to be BJP leaders, facing rape charges. 

1. M J Akbar- Former Rajya Sabha Member from BJP, M J Akbar has been accused of sexual misconduct by a journalist named Priya Ramani. It should be noted, according to the post he is accused of 'rape charges', which turned out to be false.

2. Vijay Jolly- Former BJP MLA from Delhi, Vijay Jolly has been booked for rape in 2017. 

3. Kuldeep Singh Senger- Infamous former BJP MLA Kuldeep Sengar is in jail on rape charges and accused of various other charges such as criminal conspiracy and murder.

4. Chinmyanand- He has been accused of raping and exploiting a 23-year-old law student for over a year. However, he was not charged with rape, but with "misusing authority for sexual intercourse" or "sexual intercourse not amounting to the offense of rape". After the allegations erupted, BJP has claimed Chinmayanand is no longer a member of the party.

5.Umesh Agarwal- BJP MLA from Haryana has been accused of raping a woman after dozing her with sedative-laced drinks in a hotel room in 2015.

6. Raghavji- Former BJP leader Raghavji has been charged with sodomy in 2013. However, Ragahavji was expelled from BJP in 2013, following the sodomy row.

7. Sakshi Maharaj-  BJP MP has 34 criminal cases registered against him which also includes rape.

8. Parminder Kataria- Former Gurgaon deputy mayor and BJP leader Parminder Kataria was charged with raping a woman on the pretext of marriage. However, he was acquitted by the court in a rape case registered against him in 2015. 

9. Shantilal Solanki and Govind Parumalani- Both BJP leaders have been booked in a gangrape case in Gujrat in 2017, along with two other BJP leaders. 

10. D N Jeevraj- BJP MLA has been booked on rape charges in 2013.

11. Ashok Makhwana- The BJP leader, Ashok Makwana has been arrested after a 13-year-old girl complained that he physically harassed her on a flight from Goa to Ahmedabad in 2016. 

12. Hamid Sadar-  BJP leader was arrested in connection with alleged trafficking and rape of a minor girl from Assam in 2014.

13. H Halappa- BJP leader and former union minister have been arrested in a rape case filed against him by his friend's wife in 2010. 

14. Ashok Taneja- Ashok Taneja was arrested on the charges of raping his own daughter for 7 years. 

15. H S Rawat- A rape case has been filed against Uttarakhand BJP leader Harak Singh Rawat on the complaint of a woman in 2016. 

16. Ravindra Bawantade: Former BJP leader has been arrested on the charges of rape in 2017.

17. Jayesh Patel- Gujarat BJP leader and founder-president of the privately-owned Parul University in Vadodara, Jayesh Patel, was booked for raping 22-year-old nursing student in 2016. However, he was later expelled by the BJP. 

18- Nihal Chand Meghwal- He has also been accused of raping a woman in 2014. 

In conclusion, it is true that BJP has the most number of MPs and MLAs facing rape charges according to an ADR report. Also, all the names mentioned in the post have been charged for raped or sexual misconduct.

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