EVM tampering concerns must be addressed to safeguard Indian democracy
The controversy over EVMs goes to the very root of our democracy. The questions raised about their credibility, if found true, will destroy the democratic structure of the country.
The confident Election Commission (EC) has vehemently refuted all allegations of tampering and has publicly invited everyone to demonstrate the tampering of EVMs used by the commission. Nothing can be more transparent and fair than this.
Much heat and distrust has been generated due to material posted on social media and demonstrations on TV Channels. As a layman, it is difficult to analyse technical issues, but it has a massive impact on public. It is essential to clear the cloud of confusion and doubts.
This fine job is the constitutional obligation of the EC, provided that all those having objections and materials demonstrate the tampering of machines used by the commission.
It is a Catch-22 situation, since use of EVMs has its own advantages but if tampering is possible it is disastrous. An extraordinary matter of this nature must be established by cogent evidence of tamperability and not just perception or by generating public opinion.
The methodology adopted by Arvind Kejriwal rushing to the Assembly in the first instance, ignoring the EC, was apparently an attempt to play to the gallery and, if he would have adopted the right course to show tampering, contentious issues would have been resolved by now.
Undoubtedly, it is a grave and sensitive matter and must be addressed appropriately to sustain credibility of the electoral process. Now that the onus is on him and his team, they must prove their allegations.
If they succeed in proving tampering, the 2014 Lok Sabha and subsequent Assembly elections would be null and void, calling for a fresh mandate, but if they fail, the AAP government and MLAs must face the brunt - resign - and the party must be derecognised and deregistered. Either way, things may be concluded by the EC as a constitutional authority on the material relied upon and may be provided by Kejriwal.
In fact, the issue is not of recent origin. Ever since the deployment of EVMs, on experimental basis in 1982 in one Assembly constituency in Kerela, questions about credibility have cropped up.
Petitions challenging viability and deployment of machines were filed in various courts but were unsuccessful. The ceaseless efforts by authorities did not change the mindset and over the years, the issues have attained a more aggressive posture.
The material posted on social media or by channels was never investigated to ascertain the truth. The general perception is that when major democracies in the world have discarded machines, why are they used in India, continues gaining credence.
If we go in retrospect, the EC was looking for an alternative system to get over the practical hazards of handling bulk paper ballots. Electronic machines found place as a viable alternative for convenient voting and expeditious results.
According to initial plans, the EVMs were to be launched from 1990 onwards, but the plan was deferred due to serious apprehensions. Essentially, the machines had to be tamper-proof and function accurately even if manufactured and maintained by public sector undertakings.
In fact, in 1980 a demonstration in the presence of all political parties was conducted and found satisfactory but subsequently doubts were raised that the machines could be doctored in favour of some selected candidates.
The voting pattern and trends of election results contrary to expected lines contribute majorly to apprehensions. The Uttar Pradesh polls are the latest example, but the statement by the state election commissioner, published on April 14, 2017, that EVMs manufactured prior to 2006 have outlived their utility and if new machines are not provided, he would use paper ballots for 14 municipal corporations, 193 municipal boards and 427 nagar panchayat elections should be an eye-opener.
Even in the 2014 Lok Sabha elections, the vote pattern going to BJP was noticed by election officials at Jorhat parliamentary constituency and two more EVMs were removed and seized by the EC on identical performance from Bhopal.
Recently, a machine for the Ater Assembly by-poll was brought from Gobind Nagar constituency in UP. The commission’s version is that the used machines are kept in a strong room until expiry of 45 days for filing of election petition, but the machines kept in reserve, in ready condition for replacement in case of any technical snag, if not used, are shifted to other places. The data already loaded is erased before use at the second destination, but the demo in Ater was conducted without erasure of data.
If we to go to the background, in 1990 the Goswami committee for electoral reforms and a special subcommittee of technical experts in the field of electronics, to study all technical and functional aspects, were constituted before deployment of EVMs. Laws were amended to legalise use.
Now, years later, after a notice by the apex court, the plan to provide VVPAT machines as a safeguard is in process, and perhaps the tampering issue may not survive. But the core issue surviving is about the tamperability of EVMs being highlighted and demonstrated.
It is a matter of record that a group of activists filed a petition in 2009, namely VV Rao & Ors vs UOI & Ors raising the issue of EVM tamperability in the apex court. The court directed them to approach the commission.
Some activists did demonstrate on TV the tampering of machines, but ultimately the conclusion of the commission was that the particular machine was stolen from a warehouse in Mumbai and certain components were changed, thus the entire exercise was futile. I hope Kejriwal has done his homework and his agitation over EVMs does not turn out into a fiasco.
It is expected that this issue will be taken to its logical conclusion shortly. There may still be some issues to focus on, regarding deployment/redeployment, storage, transportation, maintenance, workability and programming/data feeding of EVMs, including the conduct of demos and random checks at various levels and the credibility of persons involved, even by outsourcing the job, and to make the process more transparent and open, to obviate any malpractice, even if tampering is ruled out.
Our motto is purity of the electoral process, a constitutional obligation. Let’s join together in this endeavour.