It's no big deal, defrocking a democracy.
Just install rig-able, hack-able, out-dated Electronic Voting Machines (EVMs) for casting and counting votes at election time, and, presto! This easy going dame - democracy - is any mongrel's game, now days. At least, in India, it is. Now, don't shoot the messenger! I mean, I have been had, as much as anybody else. Well, not as much as other simpletons, who yet haven't caught on as to how their most cherished philosophy, ideology and beloved mother land is being violated and vitiated by an eeny weenie techno twit.
Free and fair voting process is a statuary right under Fundamental Rights as per Article 19 (1) (a). EVMs were first used in India in 1982, in Kerala, on a limited basis. In 1984, Supreme Court of India held that Election Commission had no power under Constitution to use EVMs as Representation of People Act 1950 postulates usage of only ballot papers for elections. Hence, it is illegal to use electronic voting machines.
In 1989, an Amendment was made - Section 61A of RPA 1951. It merely provided that EVM usage - "may be adopted in such constituency, or constituencies, as the Election Commission may, having regard to the circumstances of each case, specify." No carte blanche was ever "handed over" to Election Commission to promulgate a diktat, to use EVMs in the length and breadth of whole of India. Thus, to this date, usage of EVMs is unconstitutional.
Another illegality in using EVMs is that it violates IT ACT 2000; which entails that Paper Audit Trail has to be provided in case of Electronic Record as evidence, as per Evidence Act. Present EVMs do not do so. Hence, in the eye of law, their usage is not legally sanctioned.
Furthermore, no intellectual rights of EVMs rest with its Indian manufacturers, governmental agencies of interest or with Election Commission of India. The patent submitted for Indian EVMs, to The World Intellectual Property Organisation, was found wanting on 21 counts by WIPO. Hence, anybody can, with impunity, make or break Indian EVMs. And claim them to be their "hand-maiden". Indian EVMs are fair game for any Tom, Dick and Harry.
To compound matter further, on 17th January 2012, Delhi High Court held that Indian EVMs were not "Tamper-Proof". Supreme Court of Germany declared illegal usage of EVMs. With France, U.K., Sweden, Ireland, Italy, Holland, Australia, Canada; more than 80 democracies have gone back to Ballot Paper Voting. Even in America, states voting via electronic machines mostly require a "paper trail" of some sort. Lot of complaints are yet filed and people are still riled in U.S.A. over this issue. Japan, from which EVM System originated, renounced its use long ago. Realizing, EVMs are unreliable, easily hack-able and utterly un-democratic, most technologically advanced, concerned democracies - except India - have reverted to paper ballots.
So, what makes Election Commission officials sing paeans of present lot of Indian EVMs? Is there something more than meets the eye? Could it be that multi-billion dollars deals have been made to sell these machines to Nigeria, South Africa, Sri Lanka, Malaysia, Singapore, Namibia, Mauritius, Nepal, Bhutan, Bangladesh etc.? Are we yet to unearth an "out-of-this-world" kickback scandal involving some dishonest, concerned government officials and their political bedfellows? For, technology of these EVMs is of 80's - obnoxiously obsolete.
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