New Delhi [India], June 21 : 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.