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The Election Commission of India (ECI) maintains a firm stance against public access to polling station video footage, prioritizing voter privacy and security above political pressures. Whispers advocating for the release of these videos have been met with unwavering resistance, as sources within the ECI emphasize that such a move is non-negotiable. This decision stems from a deep-seated concern for voter confidentiality, a constitutional guarantee enshrined in Section 128 of the Representation of the People Act, 1951. Violating this confidentiality can result in severe penalties, including imprisonment and fines. The ECI's commitment to protecting voter privacy underscores its dedication to ensuring free and fair elections, where citizens can exercise their right to vote without fear of intimidation or retribution. The core argument revolves around the potential for misuse and the chilling effect that public access to polling station footage could have on voter participation. While transparency is a desirable goal, the ECI believes that the risks associated with releasing this sensitive information far outweigh the perceived benefits. The commission emphasizes that the current system, which allows for the preservation of footage for 45 days after the election results are declared and its potential submission in court if an election petition is filed, strikes a reasonable balance between transparency and voter protection. The footage serves as a vital tool for monitoring the election process, ensuring compliance with the Model Code of Conduct, and addressing any electoral violations. However, its intended purpose is internal oversight, not public distribution. Making this footage publicly accessible could lead to voter profiling, targeted harassment, and the manipulation of information to fuel conspiracy theories and misinformation. The ECI recognizes the importance of maintaining public trust in the electoral process but believes that releasing polling station footage would undermine that trust by creating an environment of fear and suspicion. The decision to withhold the footage is not an attempt to conceal wrongdoing but rather a proactive measure to safeguard the fundamental rights of voters.
The concerns regarding voter privacy are multifaceted and deeply rooted in the potential for misuse of the information captured in polling station videos. The footage can inadvertently reveal the identities of voters entering booths, the timings of individual votes, and even inferences about voter turnout or abstention in specific areas. This data, when aggregated and analyzed, can be used to create voter profiles, allowing political actors to target individuals or communities based on their voting behavior. In areas with low or "undesirable" turnout, voters could face retaliation or intimidation, effectively disenfranchising them and undermining the integrity of the electoral process. The Supreme Court of India has also recognized the importance of protecting the right not to vote, affirming that this right is covered under the broader right to privacy. In the landmark case of People’s Union for Civil Liberties v. Union of India (2013), the court ruled that citizens have the right to abstain from voting and that even the act of abstaining must be kept secret. Identifying non-voters could expose them to coercion, pressure, or social discrimination, all of which are unconstitutional. This ruling provides a strong legal foundation for the ECI's decision to withhold polling station footage, as it recognizes the inherent risk of violating voter privacy by making such information publicly available. The ECI also draws a parallel between polling station footage and Form 17A, a sensitive record maintained at polling stations that logs voter arrival order, electoral roll numbers, and signatures or thumb impressions. This form is protected from public access under Rule 93(1) of the Conduct of Elections Rules, 1961, and can only be examined under court supervision. The ECI argues that polling station footage captures similar details and is therefore equivalent to a "live" version of Form 17A. Releasing this footage without legal sanction would be equally impermissible, as it would violate the same principles of voter privacy and confidentiality that protect Form 17A.
The dangers of misusing polling station footage are real and far-reaching. Political actors could exploit the information to identify and target voters who did not support them, subjecting them to harassment, inducement, or social pressure. Clips could be edited or manipulated to fuel conspiracy theories and misinformation, further eroding public trust in the electoral process. The ECI recognizes the potential for this type of abuse and is committed to preventing it. The commission's decision to discourage footage retention beyond 45 days, unless a legal challenge necessitates it, is a further safeguard against misuse. Webcasting, while serving as a real-time monitoring mechanism for the ECI, is strictly intended for internal oversight, not public distribution. This system helps prevent malpractice and streamline election logistics, but its primary purpose is to ensure the integrity of the electoral process from within. If a court requires webcasting footage during an election petition, the ECI will provide it with full assurance that judicial processes also safeguard voter privacy. The ECI's commitment to protecting voter privacy is not a rejection of transparency but rather a recognition of the complex balance that must be struck between transparency and individual rights. The commission believes that the current system, which allows for the preservation of footage for legal challenges while protecting voter privacy, strikes a reasonable balance. Releasing polling station footage to the public would create unacceptable risks to voter privacy and could undermine the integrity of the electoral process. The ECI remains steadfast in its commitment to ensuring free and fair elections, where citizens can exercise their right to vote without fear of intimidation or retribution. To this end, protecting voter privacy is paramount.
Source: Cameras, courts and confidentiality: Inside Election Commission's 45-day rule