New Delhi, June 21 Safeguarding 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, Election Commission of India sources said on Saturday.
The ECI’s latest clarification on limitations related to sharing CCTV footage comes close to the Leader of the Opposition (LoP), in Lok Sabha, Rahul Gandhi, again raising the bogey of ‘fixed elections’ and alleging denial of information related to voter lists and photo-video of elections.
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.
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