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26 August 2009
Digital democracy and its problems
Anil Kumar Mohapatra
Over the last two months, we Indians are very much involved in a debate on the technological vulnerability of the Electronic Voting Machine (EVM) for possible manipulation. A sizable section of Indian press and some leaders of mainstream political parties like L.K.advani have questioned the infallibility of the EVMs. Both the allies and adversaries of the Indian National Congress have joined hands in discrediting the credibility of the EVMs even in the national legislature (Parliament). Some petitions have been filed in the courts of law objecting the election results.
Despite the Chief Election Commission’s (CEC) claim that Electronic Voting Machines are ‘tamper proof’, the charges of a possible fraud and rigging in the 2009 elections through the machines has pointed its finger to the very basis of the largest democracy in the world that rests on a free and fair election. It has bewildered the public in general and their confidence in the electoral system has been greatly shaken.
Even a state like Orissa is not lagging behind in this debate. The editor of the ‘I & M Observer’ in the last issue (July 16-31, 2009) of the periodical published from Bhubaneswar has initiated an intellectual debate over the issue. He has convincingly argued how all polical parties including the Congress have doubts over the reliability of the machine by citing a paradoxical statement made by Ghulam Nabi Azad of Congress who had alleged a large scale manipulation of the machines by Naveen Pattnaik Government (in Orissa) during the last polls.
During a seminar on “Is our election system free and fare” organized by the Odisha Jana Sammilani (OJS) in Bhubaneswar on 12th July, 2009, prominent personalities such as R.N. Dash, a former Chief Secretary, said even EVMs were not safe for getting tempered if a favourable administration would be in place to conduct elections. L.N.D. Panda, a senior software expert, too had endorsed the notion that EVMs could be tempered and the use of EVMs for polling was not a fool-proof mechanism. In that seminar he claimed and explained that manipulation could be done during the time of manufacturing.
The debate started cropping up following the announcement of the election results of the 15th General Elections-2009 on May 16 that came as a surprise to many. It proved all exit pollsters wrong. While the exit polls predicted a hung parliament, the election result brought the ruling party to power with a clear majority.
The unpredictable results brought on to mind the apprehensions of Mr. Gopalaswami (the former CEC) reported in the Indian press regarding the possible manipulation of/ catastrophe in the electoral process if a pro-Congress Navin Chawla was made the next CEC of India. Mr. Chawla, however, was given a clean chit by the Government at the Centre and was made the present CEC.
Besides¸ what added further fuel to the debate was that the EVMs are manufactured and handled by the country’s largest defence electronic firms - Bharat Electronics Ltd and (BEL) the Electronic Corporation of India LTD (ECIL) which do not have much reputation for transparency, with scope for interference from pro-government elements to manipulate things in its favour. The leadership change in both the defence electronic units before the General Election at the instance of the Central Government too added arrows in the critics quiver.
The inspiration too was derived from the practices of the matured democracies like the US and Germany who have done away with the machine voting. When Germany has banned electronic voting altogether the US has been very cautious about its use. In Germany EVM system has been declared illegal on the ground that a common man does not know the accounting mechanism. The US administration being cautious is mulling over introducing a ‘Voter Verified Paper Records’ system to ensure the operation of the EVMs under public scrutiny.
Taking note of all the instances therefore, senior BJP leader L.K. Advani has even demanded the reintroduction of ballot papers in elections, beginning with the Maharashtra Assembly elections in October, and three other states later this year. The Sunday Express, however, reported the leader saying that “We should revert to ballot papers unless the Election Commission is able to ensure that Electronic Voting Machines (EVMs) are foolproof and every possibility of their malfunctioning is taken care of.
In support of the use of the EVMs, it could be said that the machines have harbingered an era of ‘Digital Democracy.’ This has modernized our electoral system. It has made possible a very quick system of counting. It is said that machine exercise is an easier one than the ballot way. The EVM system was introduced to be instrumental in a fast and efficient conduct of the voting process. Today 1.5 million EVMS are being manufactured and used. The Election Commission in India has taken enough precautions to ensure fairness in the use of EVMs by appointing observers and making the conduct of a mandatory ‘mock poll’ before the commencement of the poll.
What is to be done next? Should we revert to the ballot system? This author was a Presiding Officer in the last poll. Like a common man, nothing wrong came to my notice. After the mock poll the results were disclosed to the party representatives present over there and it was done up to their satisfaction. However, this author too admits that an electronic machine like the EVM is inherently susceptible to be doctored. The chip inside may have some hidden commands which could deceive the ordinary voter. Sometimes the machines stop working due to some snag occurring in them. It not only disrupts the process but also put difficulties in the process.
However, this author has some reservations with regard to its complete replacement by the ballot system. Edmund Burke’s statement seems relevant here who cautioned against the replacement of the existing ones abruptly and arbitrarily. It reminds me, like others, of the incident when there was a debate against the ballot paper system. It was then alleged that the ballot papers printed in Moscow were not credible. Therefore, instead of an immediate switchover to another, let’s review the system as it is now, taking all the charges against it.
For ensuring credibility of the system an all party technical team meeting needs to be convened by the Election Commission of India as an act of pre-emption. The scope for cent per cent transparency should be accommodated in that meeting. If the provision regarding a paper record of the vote cast could be supplied or made available to the voter, it would be better and then a voter will be able to verify the accuracy of the digital record of his vote.
Otherwise, this debate against the EVMs will be an unending one as long as the system leaves an ordinary voter absolutely in the dark regarding the matter whether his e-vote is really recorded in the account of the candidate of his choice. When we could trust the ATMs why can not we trust the EVMs? What is needed at this juncture is that people are losing confidence in the ‘machine voting’ in the process and a democracy would not be successful where its people do not have reliance on the means on which democracy rests upon.
The confidence is to be re-established and rebuilt in the minds of the people lest/ otherwise it might alienate people from it. Thus a diligent pre-empt effort on the part of the Election Commission in respect of the transparency and justness of the EVMs could save the Digital Democracy from this emerging catastrophe.
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(Dr. Anil Kumar Mohapatra is Head of the Political Science Department, Government Women’s College, Jeypore, Orissa. He can be contacted at anilmohapatra68@gmail.com.)
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