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India Today
3 hours ago
- Politics
- India Today
Cameras, courts and confidentiality: Inside Election Commission's 45-day rule
While one is hearing whispers from many quarters that videos from the polling stations should be made available, sources with the Election Commission have told India today that this is VOTER SECRECY COMES FIRST - ECIThe Election Commission of India (ECI) has taken a firm stance:It will not yield to political privacy and security are will not be released publicly except under court secrecy is a constitutional guarantee, protected under Section 128 of the Representation of the People Act, 1951. Any violation of this confidentiality is a punishable offence, inviting imprisonment, fines, or FOOTAGE: WHY IT'S STORED AND WHY IT CAN'T BE SHARED Despite mounting pressure from political parties and advocacy groups, polling station footage will not be made public, sources within the Election Commission told India video recordings related to polling are preserved for 45 days after election results are declared in line with the statutory window for filing an Election Petition (EP) under Indian such a petition is filed, the footage is retained until the legal proceedings conclude and may be submitted in court if EXACTLY GETS RECORDED?The Election Commission deploys video surveillance and webcasting extensively to uphold transparency and accountability throughout the election process. Recordings cover:EVM checking and storageMovement and transport of voting machinesActivities inside and outside polling stations on voting dayThe counting processCampaign events and public ralliesadvertisementThis system allows the EC to track expenditures, ensure compliance with the Model Code of Conduct, and address any electoral violations PUBLIC SHARING OF THIS FOOTAGE IS PROBLEMATICDespite its critical role in election monitoring, this footage is not intended for public release. Calls to make it public, although framed as transparency demands, are both misleading and dangerous, the EC cautions. Key Risks Include:Threat to Voter PrivacyPolling footage can unintentionally disclose:Identities of voters entering of individual about voter turnout or access to such data can lead to:Voter profilingTargeted harassment or intimidationRetaliation in areas with low or 'undesirable' turnoutSources in the EC stress that such risks strike at the heart of free and fair LEGAL SHIELD: SECRECY AND THE COURTSSupreme Court Precedent: Right Not to Vote = Right to PrivacyIn the landmark case People's Union for Civil Liberties v. Union of India (2013), the Supreme Court ruled that:Citizens have the right not to right is covered under the right to the act of abstaining from voting must be kept non-voters could expose them to coercion, pressure, or social discrimination, all of which are = A 'LIVE' FORM 17AadvertisementElection footage effectively mirrors Form 17A, a sensitive record maintained at polling stations that logs:Voter arrival roll from polling stations captures similar details, making it equivalent to a 'live' version of Form Rule 93(1) of the Conduct of Elections Rules, 1961, Form 17A is protected from public access and can only be examined under court supervision. Since video footage captures similar data, its public release without legal sanction is equally OF MISUSE: A REAL POSSIBILITYMaking this footage publicly accessible can have severe consequences:Political actors may identify and target voters who didn't support may face harassment, inducement, or social can be edited or misused, fuelling conspiracy theories and prevent such scenarios, the EC discourages footage retention beyond 45 days unless a legal challenge necessitates MEANT FOR INTERNAL OVERSIGHT, NOT PUBLIC DISTRIBUTIONWebcasting serves as a real-time monitoring mechanism for the EC, helping prevent malpractice and streamline election its purpose is strictly a court requires this footage during an election petition, the EC will provide it with full assurance that judicial processes also safeguard voter Watch
India Gazette
3 hours ago
- Politics
- India Gazette
Sharing video footage of polling stations during voting day breaches voters' privacy, may lead to discrimination: ECI sources
New Delhi [India], June 21 (ANI): Amid a demand for making available video or CCTV footage of the webcasting of the polling stations during the poll day, EC sources said on Saturday that it is 'entirely contrary to the privacy and security concerns of the voters' and sharing of the footage would leave both, the elector, who has voted, as well the elector, who has not voted, vulnerable to 'pressure, discrimination and intimidation by anti-social elements'. EC sources also justified the decision in which Election Commission has asked its state poll officers to destroy CCTV camera, webcasting and video footage of the election process if the election result is not challenged in a court in 45 days. EC sources said some people are raising the demand for making available the video or CCTV footage of the webcasting of the polling stations during the poll day. 'While this suits their narrative in making the demand sound quite genuine and in the interest of voters and safeguarding the democratic process in the country, it is, in fact aimed at achieving exactly the opposite objective. What is veiled as a very logical demand, is actually entirely contrary to the privacy and security concerns of the voters, legal position laid down in the Representation of the People Act, 1950/1951 and the directions of the Supreme Court of India,' a source said. 'Sharing of the footage, which would enable easy identification of the electors by any group or an individual, would leave both, the elector who has voted as well the elector who has not voted vulnerable to pressure, discrimination and intimidation by anti-social elements. For instance, if a particular political party gets lesser number of votes in a particular booth, it would easily be able to identify, through the CCTV footage, which elector has voted and which elector has not, and thereafter, may harass or intimidate the electors. Thus, what exactly lies beneath this layered demand of such persons or interest groups needs to be deciphered and exposed, the source added. EC sources said that the Election Commission retains the CCTV footage, which is purely an internal management tool and not a mandatory requirement, for a period of 45 days which aligns with the period laid down for filing an Election Petition (EP). Since no election can be challenged beyond 45 days of the declaration of the result, retaining of this footage, beyond this period, makes it susceptible to misuse of the content by non-contestants for spreading misinformation and malicious narratives, EC sources said. They said in case of an election petition being filed within 45 days, the CCTV footage is not destroyed and also made available to the competent court when asked for. Congress leader Rahul Gandhi on Saturday said that 'fixed election' is poison for democracy and slammed the EC over its recent decisions, saying 'the one who has to answer, they are destroying evidence'. The Leader of Opposition raised concerns about the integrity of the electoral process, citing the destruction of evidence as a potential indicator of election rigging. 'Voter list? Will not provide machine-readable format. CCTV footage? It was hidden by changing the law. Photo-video of the election? Now, not in 1 year, we will destroy it in 45 days only. The one from whom the answer was needed - is destroying the evidence. It is clear - the match is fixed. And a fixed election is poison for democracy,' Rahul Gandhi said in a post on X. EC sources said that for the Election Commission, safeguarding the interests of its electors and maintaining their privacy and secrecy is of prime concern, even 'if some of the political parties/ interest groups mount pressure on the Commission to abandon the laid down procedures or to ignore the security concerns of the electors'. 'Maintaining privacy and secrecy of the elector is non-negotiable and the ECI has, never in the past, compromised on this essential tenet laid which is down in the law as well upheld by the Supreme Court,' the source said. 'Sharing of video footage may result in violation of the right of secrecy of electors who have decided not to vote: In any election, there may be electors who decide not to vote. Sharing of video footage of the poll day may result in identification of such electors. This can also lead to profiling of the voters who voted as well as those who did not vote, which may become the basis for discrimination, denial of services, intimidation or inducement,' the source added. Sources said that the apex court has held that that right to vote includes right not to vote and right of secrecy is accorded to even those persons who have decided not to vote. The sources said that providing videography is akin to providing Form 17A. Videography of polling day essentially captures the sequence in which electors enter the polling stations and the photo/identity of such electors. This is akin to a live Form 17A (Register of Voters) under Rule 49L of CE Rules, 1961 which contains information pertaining to sequence in which electors enter a polling station, serial number of the elector in the electoral roll, details of the Identification document produced by the electors and their thumb impression/signature, the sources said. 'Both videography and Form 17A contain information which is critical for upholding the secrecy of voting. It can also establish who has voted and who has not voted as can be ascertained from Form 17A. Form 17A is mandated to be provided only under order of competent court under Rule 93(1) of CE Rules, 1961. Therefore, video footage can also be provided only under the orders of a competent court as whatever is not intended under law cannot be allowed to be achieved by obtaining the video footage,' a source said. The sources said that violation of secrecy of voting is a punishable offence under Section 128 of RP Act, 1951. They said ECI is legally bound and committed to protect the privacy of the electors and secrecy of voting, so video footage from polling station cannot be given to any person, candidate or NGO or any 3rd party without the express consent of the electors. They said webcasting is used basically as an internal management tool by ECI for monitoring poll day activities. (ANI)
India.com
9 hours ago
- Politics
- India.com
ECI Rejects Rahul Gandhis CCTV Footage Demand, Cites Voter Privacy Concerns
New Delhi: The Election Commission of India (ECI), Saturday responded to Congress leader Rahul Gandhi's demand for releasing CCTV footage of polling booths in the Maharashtra assembly election, calling it a "politically motivated" move. ECI sources believe that publicly releasing such footage could be intended to harass or profile voters, particularly in booths where a party performs poorly. Safeguarding the privacy and security of voters is non-negotiable, and video footage of voting cannot be shared with political parties or any petitioner unless ordered by a competent court. The ECI's clarification on CCTV footage sharing comes amid Rahul Gandhi's allegations of "fixed elections" and claims of being denied access to information about voter lists and election footage. In a point-by-point rebuttal of LoP Rahul Gandhi's concerns, ECI sources explained the logic behind destroying CCTV footage of a poll after 45 days and the importance of protecting the right of secrecy of electors by not sharing video footage. An ECI insider said, 'Maintaining privacy and secrecy of the elector is non-negotiable and the ECI has, never in the past, compromised on this essential tenet which is laid down in the law as well upheld by the Supreme Court.' The ECI sources also cited a Supreme Court observation which said: 'Giving right to a voter not to vote for any candidate while protecting his right of secrecy is extremely important in a democracy'. Clarifying that violation of secrecy of voting is punishable up to three months' imprisonment, ECI sources said that the poll panel is legally bound and committed to protecting the privacy of the electors and the secrecy of voting. 'So, video footage from the polling station cannot be given to any person, candidate or NGO or any third party without the express consent of the elector(s),' said a source. On LoP Rahul Gandhi's latest grudge about the destruction of CCTV footage after just 45 days instead of one year, an ECI source said the poll panel was under no obligation to retain the footage for more than 45 days in case of an unchallenged election. An ECI source said, 'The Election Commission retains the CCTV footage, which is purely an internal management tool and not a mandatory requirement, for a period of 45 days, which aligns with the period laid down for filing an Election Petition (EP).' The ECI insider said that since no election can be challenged beyond 45 days of the declaration of the result, retaining this footage beyond this period makes it susceptible to misuse of the content by non-contestants for spreading misinformation and malicious narratives. In case an Election Petition is filed within 45 days, the CCTV footage is not destroyed and made available to the competent court when asked for, he said.
Time of India
11-06-2025
- Politics
- Time of India
EC to roll out simpler EVM check protocol; major verifications in Maharashtra soon
More than six months after the declaration of Maharashtra Assembly election results - over 100 applications for checking & verification (C&V) of EVM memory across constituencies - largely by the defeated INDIA bloc candidates - will finally be addressed. ET has gathered that the Election Commission will announce a new, simpler protocol for memory checks of the voting machines within the next two weeks, setting the wheels in motion for the conduct of the C&V, which had been paused for months amid court battles. As per rulebooks, the EVM C&V process is timed to be completed largely within two months of the declaration of election results, except in cases where an Election Petition (EP) challenging the result may have been filed in court. Sponsored Links Sponsored Links Promoted Links Promoted Links You May Like Mini House for 60 sqm for Seniors with Toilet and Bath (Click Here) Pre Fabricated Homes | Search Ads Search Now Undo PROTOCOL SWITCH Following Supreme Court directions on April 26, 2024 - two runners-up/losing candidates can seek burnt memory verification in about 5% of EVMs per Assembly constituency for suspected 'tampering or modification' within seven days of counting day. Live Events The original 2024 ECI protocol for the EVM memory check - issued amid Lok Sabha polls - allowed candidates to choose various combinations of EVM/VVPATs for the memory check in the presence of the candidates along with engineers from the EVM manufacturers (ECIL and BEL). This SOP, however, was challenged in court over its efficacy. In a hearing on February 11, 2025, the special Supreme Court bench - with then Chief Justice Sanjiv Khanna and Justice Dipankar Datta - took another view and observed that the EVM C&V mechanism was not meant to be such a complex one involving the erasure and reloading of polling data, but merely a verification of the EVMs by an engineer of the manufacturing company to dispel doubts on possible tampering. Awaiting clarity from the court on the path ahead, the poll panel chose to pause all ongoing C&V processes in the interim. The clarity came with the May 9 hearing of the case, where the bench accepted the EC's proposal - to not delete data from EVMs whose verification is sought by candidates. The SC said that the idea was simply that engineers of Bharat Electronics Limited (BEL) and Electronics Corporation of India Limited (ECIL) 'certify' that they are satisfied that 'the burnt memory/microcontrollers and software have not been tampered with and their integrity is maintained'. The court has, however, allowed room for a mock poll. Accordingly, a simpler SOP detailing both aspects is now set to be brought in, ET has gathered. MAHARASHTRA CALLING The biggest impact will be in Maharashtra where, in the aftermath of a tightly contested Assembly election in November 2024, a record 104 Checking & Verification (C&V) applications were filed across 95 constituencies seeking verification of 755 EVMs. The maximum verification applications appear to have been filed by candidates from the Sharad Pawar NCP, as per preliminary assessments. The Indian National Congress is not far behind, with at least a score of C&V applications filed by its candidates. The largest number of applications have come from constituencies in the districts of Thane, Pune, Ahilyanagar and Mumbai South-Urban. As many as 137 EVMs are sought to be checked in Pune district, followed by 75 in Thane and 74 in Ahilyanagar, as per ECI data. Nearly half of these were later caught in EPs filed simultaneously in several of the same constituencies.
