By Marbianglang Rymbai
The founding fathers of our Republic conceived of representative parliamentary democracy as the polity most suited to India’s ethos, background, and needs. They envisaged equal participation of all the adult citizens in the democratic process without any discrimination. Selection of representatives of the people through universal adult franchise and free and fair elections was for them an act of faith. The universal adult franchise was a bold and ambitious political experiment and a symbol of the abiding faith that the founders reposed in the great masses of the country and in their innate wisdom.
During the last seventy-five years, there have been eighteen general elections to the Lok Sabha and a much larger number to various State Legislative Assemblies. We can take legitimate pride in that these have been successful and generally acknowledged to be free and fair. But the experience has also brought to the fore many distortions, some very serious, generating a deep concern in many quarters. There are constant references to the unhealthy role of money power, muscle power, and mafia power and to criminalization, corruption, communalism, and casteism.
With India going to the polls in seven phases starting from 19 April 2024 to elect representatives to the Lok Sabha for a five-year term, the electoral process has begun. The Election Commission of India gets into action through its various Standard Operating Procedures with regard to the transfer of officials, the appointment of Central Election Observers, Static Surveillance Teams, Mobile Surveillance Teams, and videography, etc. We keep seeing wall graffiti, Billboards, and advertisements in the local newspaper seeking to discourage the use of money during elections. The election officials at the polling booth level are also trained to ensure all steps are taken to ensure the secrecy of the ballot on the day of voting. It would appear that the Election Commission has pulled out all the stops to ensure this secrecy of the ballot up to the day of counting on 4th June 2024.
All this is meant to truly facilitate the individual voter to make an independent choice that allows them to exercise their ballot without fear of repercussions from the candidates for whom they have NOT voted for. This fearlessness arising from the Secrecy of the Ballot is the backbone of the largest and most powerful democracy in the world.
The Election Commission also ensures the safety of the Electronic Voting Machines (EVM) up to the day of counting, as the EVMs are kept under a Double Lock System, a Minimum of One Platoon of Armed Police for 24X7, IP Controlled CCTV Camera with DVR and Uninterrupted Power Supply for 24×7.
However, the question that remains is what happens to the EVMs/VVPATs AFTER the counting of votes till the EP period and when the Central Observers appointed by the Election Commission of India have relinquished charge and have left their respective states.
It is reasonable to assume that as part of the Election Commission’s Standard Operating Procedure, there is an Election Petitions (EPs) period i.e. 45-days from the date of declaration of result during which details of the Register of voters (Form 17A), the results in the Control Unit of the EVM and the slips in the VVPAT machine are kept under the custody of District Election Officer. Unfortunately, the safety and security of this voting data is a very important question because of the scaling down of the standard protocol of security of these voting data after counting. Hence a number of questions may arise in the mind of the voter: (1) After the day of counting what are the Standard Operating Procedures (SOPs) adopted and laid down by the Election Commission of India to ensure the CONFIDENTIALITY of the data regarding the voting preference of the individual voters? (2) Is there an SOP regarding the date (how many days after counting) when the Voting Data in the Control Units of the EVMs is to be deleted and when the Serialised Slips in the VVPAT Machine are to be destroyed ? (3) During the date when the voting data in the Control Units of the EVMs is to be deleted and the Serialised Slips in the VVPAT machines are to be destroyed, is it part of the procedure to involve representatives of different political parties and civil society to show transparency in the process. If not, then why not? (4) Is there any 24×7 video camera recording of the entry and exit of all individuals or officials into the strong rooms or rooms where the Register of Voters or Form 17A, Control Unit (CU) of the EVM and the slips in the Voter Verifiable Paper Audit Trail (VVPAT) machine are kept after the day of counting? If there isn’t then what are the reasons for the same? If there is indeed video camera recording, then what are the reasons why it is not possible to live-stream the recording of these video cameras on YouTube or Facebook 24×7? (5) Is there a log book to note the signed entry of all individuals and officials into the strong rooms or rooms where the Register of Voters or Form 17A, Control Unit (CU) of the EVM and the slips in the Voter Verifiable Paper Audit Trail (VVPAT) machine are kept after the day of counting. If there is no such log book, then what are the reasons why this log book should not be kept? (6) What are the steps being taken to prevent this confidential data of the individual voters from falling into the hands of political parties and powerful politicians who may then use this data to their advantage in future elections?
These queries are placed in the public domain because it appears from reports that some powerful and established politicians claim to have in their possession the database of the entire voting history of each and every individual voter in their constituency since the 2019 General Elections.
The presence of such a comprehensive database in the hands of entrenched politicians gives them a huge undue advantage vis-a-vis the genuine, well-meaning candidates and thereby denies fresh candidates a level playing field during the future elections.