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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