Cameras, courts and confidentiality: Inside Election Commission's 45-day rule

While one is hearing whispers from many quarters that videos from the polling stations should be made available, sources with the Election Commission have told India today that this is non-negotiable.NON-NEGOTIABLE: VOTER SECRECY COMES FIRST - ECIThe Election Commission of India (ECI) has taken a firm stance:It will not yield to political pressure.Voter privacy and security are paramount.Footage will not be released publicly except under court direction.advertisementVoter secrecy is a constitutional guarantee, protected under Section 128 of the Representation of the People Act, 1951. Any violation of this confidentiality is a punishable offence, inviting imprisonment, fines, or both.ELECTION FOOTAGE: WHY IT'S STORED AND WHY IT CAN'T BE SHARED
Despite mounting pressure from political parties and advocacy groups, polling station footage will not be made public, sources within the Election Commission told India Today.All video recordings related to polling are preserved for 45 days after election results are declared in line with the statutory window for filing an Election Petition (EP) under Indian law.If such a petition is filed, the footage is retained until the legal proceedings conclude and may be submitted in court if ordered.WHAT EXACTLY GETS RECORDED?The Election Commission deploys video surveillance and webcasting extensively to uphold transparency and accountability throughout the election process. Recordings cover:EVM checking and storageMovement and transport of voting machinesActivities inside and outside polling stations on voting dayThe counting processCampaign events and public ralliesadvertisementThis system allows the EC to track expenditures, ensure compliance with the Model Code of Conduct, and address any electoral violations effectively.WHY PUBLIC SHARING OF THIS FOOTAGE IS PROBLEMATICDespite its critical role in election monitoring, this footage is not intended for public release. Calls to make it public, although framed as transparency demands, are both misleading and dangerous, the EC cautions. Key Risks Include:Threat to Voter PrivacyPolling footage can unintentionally disclose:Identities of voters entering booths.Timings of individual votes.Inferences about voter turnout or abstention.Public access to such data can lead to:Voter profilingTargeted harassment or intimidationRetaliation in areas with low or 'undesirable' turnoutSources in the EC stress that such risks strike at the heart of free and fair elections.THE LEGAL SHIELD: SECRECY AND THE COURTSSupreme Court Precedent: Right Not to Vote = Right to PrivacyIn the landmark case People's Union for Civil Liberties v. Union of India (2013), the Supreme Court ruled that:Citizens have the right not to vote.This right is covered under the right to privacy.Even the act of abstaining from voting must be kept secret.Identifying non-voters could expose them to coercion, pressure, or social discrimination, all of which are unconstitutional.VIDEOGRAPHY = A 'LIVE' FORM 17AadvertisementElection footage effectively mirrors Form 17A, a sensitive record maintained at polling stations that logs:Voter arrival order.Electoral roll numbers.Signatures/thumb impressions.Footage from polling stations captures similar details, making it equivalent to a 'live' version of Form 17A.Under Rule 93(1) of the Conduct of Elections Rules, 1961, Form 17A is protected from public access and can only be examined under court supervision. Since video footage captures similar data, its public release without legal sanction is equally impermissible.DANGERS OF MISUSE: A REAL POSSIBILITYMaking this footage publicly accessible can have severe consequences:Political actors may identify and target voters who didn't support them.Voters may face harassment, inducement, or social pressure.Clips can be edited or misused, fuelling conspiracy theories and misinformation.To prevent such scenarios, the EC discourages footage retention beyond 45 days unless a legal challenge necessitates it.WEBCASTING: MEANT FOR INTERNAL OVERSIGHT, NOT PUBLIC DISTRIBUTIONWebcasting serves as a real-time monitoring mechanism for the EC, helping prevent malpractice and streamline election logistics.But its purpose is strictly internal.If a court requires this footage during an election petition, the EC will provide it with full assurance that judicial processes also safeguard voter privacy.Must Watch

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Time of India

12 minutes ago

• Time of India

EC: Sharing video footage of booth breaches voters' privacy

Representative Image NEW DELHI: Election Commission officials on Saturday justified the recent amendment in Conduct of Election Rules, 1961, barring stakeholders other than itself from accessing poll-day webcasting feed from polling stations, unless an election petition was filed, saying that it was necessary to protect secrecy of voters and save them from possible intimidation. The poll-day CCTV footage or webcasting feed shall not be destroyed if an election petition (EP) is filed and shall be made available to the competent court when asked. However, where no EP is filed, such feed shall be disposed of in 45 days, it said. Slamming the move, LOP in Lok Sabha Rahul Gandhi said EC's decision is another evidence that the "match is fixed" - a charge he has levelled about the Maharashtra contest. Poll-day CCTV feed shall be disposed of in 45 days, in sync with the 45-day time-bar for filing election petitions, Election Commission recently ordered in its revised instructions dated May 30, 2025. EC sources warned that sharing poll-day videography/webcasting with any person, candidate, NGO or third party, without the express consent of the electors, ran the risk of identification of electors who voted or did not vote, from the footage, and their possible harassment and intimidation by anti-social elements. The officials insisted that the CCTV/webcasting feed from polling stations was only meant as an internal management tool and not mandated by the law. "What is veiled as a very logical demand to share video or CCTV footage of webcasting done at polling stations on poll day, is actually entirely contrary to the privacy and security concerns of the voters, which is a legal requirement under Representation of the People Act, 1950/1951 and in line with directions of the Supreme Court," an officer underlined. "Election Commission of India is legally bound and committed to protect the privacy of the electors and secrecy of voting, so video footage from polling station cannot be given to any person, candidate or NGO or any third party without the express consent of the elector(s)," the official said and added that the profiling of voters vs non-voters may become the basis for discrimination, denial of services, intimidation and inducement.

Indian Express

28 minutes ago

• Indian Express

Neighbourhood policy at work: India to fly home Nepal, Sri Lanka citizens from Iran

In a major diplomatic outreach to its neighbours, India said Saturday it will evacuate nationals of Nepal and Sri Lanka who are stranded in Iran and want to leave the country. Officials in Delhi framed it as an example of India's 'neighbourhood first policy' — of helping its neighbours in times of crisis, be it conflict, natural calamity or pandemic. This announcement came on the day two more flights, operated by the Iranian Mahan Air, landed in Delhi. The Indian embassy in Tehran, in a post on X, said, 'On request of the Governments of Nepal and Sri Lanka, the Indian Embassy's evacuation efforts in Iran will also cover citizens of Nepal and Sri Lanka.' 'The citizens of Nepal and Sri Lanka may urgently reach out to the Embassy, either on the Telegram channel or over the emergency contact numbers: +989010144557;+989128109115; +989128109109,' it stated. Nepal's Foreign Minister Arzu Rana Deuba expressed Kathmandu's gratitude. In a post on X, she thanked External Affairs Minister S Jaishankar 'for India's swift assistance in helping to evacuate Nepali nationals from Iran'. 'India's support in Nepal's evacuation efforts is a reflection of the strength of Nepal-India ties,' she said. Sources said about 16 Nepal nationals are in touch with the Nepalese embassy in Delhi. Sri Lanka's Ministry of Foreign Affairs, in a post, said, 'Sri Lanka extends its sincere gratitude to the Government of India for the timely assistance to evacuate Sri Lankan nationals from Iran alongside Indian citizens. This act of solidarity exemplifies the strong and enduring partnership between Sri Lanka and India, and is deeply appreciated by the people of Sri Lanka.' So far, a total of 827 Indians have been evacuated from Iran. 'Another evacuation flight from Mashhad landed in New Delhi at 1630 hrs on 21 June with 310 Indian nationals from Iran. With this, a total of 827 Indians have been evacuated,' Randhir Jaiswal, spokesperson for the Ministry of External Affairs, said. A group of about 290 Indian nationals, including students, reached Delhi late Friday night and early Saturday after being evacuated from Iran as its war with Israel intensified. On Wednesday, India announced the launch of Operation Sindhu to evacuate its nationals from Iran. 'Operation Sindhu flight brings citizens home. India evacuated 290 Indian nationals from Iran, including students and religious pilgrims by a charter flight. The flight arrived in New Delhi at 2330 hrs on 20 June and was received by Secretary (CPV& OIA) Arun Chatterjee,' Jaiswal wrote on X. 'Government of India is grateful to the Government of Iran for the facilitation of the evacuation process,' he said. The first batch of 110 Indian nationals, evacuated under Operation Sindhu, arrived in India Thursday, with many evacuees sharing firsthand accounts of the frightening situation they witnessed before being moved to safer locations. This is not the first time that Delhi has stepped in to evacuate citizens of its neighbours. In the early days of the Ukraine war, India evacuated nationals of neighbouring countries along with its own. Delhi managed to persuade Tehran to open Iranian airspace for the evacuation of around 1,000 Indians via the north-eastern town of Mashhad. Sources said Delhi, after days of negotiations, moved its nationals to Mashhad and secured overflight permissions from Iran and Turkmenistan to fly Indians out of harm's way. Mashhad is close to Iran's border with Turkmenistan, and India found an air corridor for a safe flight out. Indians were moved from Tehran to Qom and then to Mashhad, with the help of the Indian embassy and Iranian authorities. India's ties with Iran and Israel puts it in a delicate spot, where it has to do some diplomatic balancing act. Delhi has strategic stakes with Iran – from Chabahar port to shared concerns on Pakistan and Afghanistan. So, it has been very careful in its statements. It has a very strategic security and defence partnership with Israel as well. Shubhajit Roy, Diplomatic Editor at The Indian Express, has been a journalist for more than 25 years now. Roy joined The Indian Express in October 2003 and has been reporting on foreign affairs for more than 17 years now. Based in Delhi, he has also led the National government and political bureau at The Indian Express in Delhi — a team of reporters who cover the national government and politics for the newspaper. He has got the Ramnath Goenka Journalism award for Excellence in Journalism '2016. He got this award for his coverage of the Holey Bakery attack in Dhaka and its aftermath. He also got the IIMCAA Award for the Journalist of the Year, 2022, (Jury's special mention) for his coverage of the fall of Kabul in August 2021 — he was one of the few Indian journalists in Kabul and the only mainstream newspaper to have covered the Taliban's capture of power in mid-August, 2021. ... Read More

India Gazette

an hour ago

• India Gazette

Another flight brings back 290 Indians from Iran under Op Sindhu, total evacuated reaches 1,117

New Delhi [India], June 22 (ANI): Another special flight carrying 290 Indians stranded in conflict-hit Iran landed safely in New Delhi on Saturday night, bringing the total number of people evacuated under Operation Sindhu to 1,117. This marks the fifth batch of Indians evacuated from Iran as part of the ongoing operation. In a post on X, the Ministry of External Affairs (MEA) stated, 'Operation Sindhu gains momentum. 290 Indian nationals have returned home safely from Iran on a special flight from Mashhad that landed in New Delhi at 2330 hrs on 21 June 2025.' 'With this, 1,117 Indian nationals have been evacuated from Iran,' the MEA added. The evacuees, including students, shared their experiences of the tense situation in Iran and expressed deep gratitude to the Indian government and embassy officials. An Indian national from Bihar's Siwan, studying medicine at Tehran University of Medical Sciences, said, 'I am from Siwan, Bihar. I have been in Iran for the last 2 years. I study medicine at Tehran University of Medical Sciences. The situation in Tehran is critical. Other places are normal. I am thankful to the government (for the evacuation).' Another evacuee, Naveed, a second-year MBBS student, added, 'I am from Kashmir. I am a 2nd-year MBBS student. I feel very good now. I am thankful to India. They evacuated us.' Describing the fear they faced, one evacuee said, 'I feel very good. There were missiles firing. We were feeling very afraid there. We were stuck there for 1 week.' Momin Ushtaq from Kashmir praised the government's efforts, saying, 'I am from Kashmir. The situation is not good there. We are very thankful to the government of India, Kashmir, and the Embassy. They deserve a special thanks, as they evacuated us and brought us back home.' Gratitude was also directed Prime Minister Narendra Modi. Parveen, another evacuee, said, 'I am very happy. I am thankful to PM Modi from the bottom of my heart. Our government helped us to get back here.' Indira Kumari added, 'We have returned. I am thankful to the Indian government and the Prime Minister of India.' Earlier on Saturday, a special flight from Mashhad carrying 310 Indian nationals landed in New Delhi at 4:30 PM. Meanwhile, Israeli airstrikes targeted a significant nuclear facility in Iran's Isfahan province, as reported by Al Jazeera. As per Al Jazeera, citing an Israeli military spokesperson, the air force struck the main complex as well as buildings involved in centrifuge production. The International Atomic Energy Agency (IAEA) confirmed that a centrifuge manufacturing workshop was hit but clarified that no nuclear material was present at the site, so there were no radiological impacts. (ANI)