Election Commission’s decision: Will not let voter’s identity be revealed, refused to share footage

The Election Commission has completely rejected the demand to make the polling day webcasting or CCTV footage public. The Commission has clarified that the intention behind this demand is to harm the privacy of the voter rather than to protect democracy.

Election Commission strict on demand to share webcasting footage of polling stations

The Election Commission says that sharing video footage of polling stations can clearly reveal which voter came to vote and who did not. This can create social, political or personal pressure on voters. Some anti-social elements or political parties, knowing that they got fewer votes at a particular booth, can try to know which voters did not vote or did not vote in their favor and can harass them.

Election Commission sources said that webcasting done at polling stations is completely an internal management tool and it is not a legal obligation. This footage is kept safe only for 45 days, which is the maximum period for filing an election petition (EP). If no petition is filed during this period, the footage is destroyed. If a petition is filed, the footage is made available on the court’s order.

A non-voter also has the right to privacy

In the case of People’s Union for Civil Liberties vs Union of India (2013) 10 SSC 1, the Supreme Court had said that “a voter has the right not to vote and his privacy is as important as that of a voter who has voted.” In this decision, the court said that it is an essential aspect of democracy that the voter can keep his likes and dislikes in complete privacy.

The video recording of the polling day can confirm the identity of the voters, the order of entry into the polling station and their presence. This is similar to Form 17A which contains the voter’s serial number, identity card information and signature/thumb impression. Since Form 17A can be made available only on the order of a competent court, the video footage can also be shared on this basis.

Under Section 128 of the Representation of the People Act, 1951, violating the secrecy of voting is a punishable offence, which can result in imprisonment of up to three months, fine or both. In such a situation, it is the legal and moral responsibility of the Election Commission to protect the secrecy of voters.

The Election Commission has reiterated that it will not compromise on the security and secrecy of voters under pressure from any political party, person or institution. The Election Commission said that no video footage will be given to any candidate, NGO or third party unless ordered by a competent court.