In the recent concluded local elections in Maharashtra, serious accusations have been made about tampering with the Electronic Voting Machines (EVMs). Following the results of the District Panchayat and Mahanagar Palika polls, several complaints to the state election commission have alleged that EVMs had been hacked. The fraud has gone to inexcusable levels: in many places, a large difference has been noticed between the number of voters registered and the votes counted.
 
In Mumbai, it has been found that one candidate had secured '0' votes. In this context candidates of the respective parties have registered complaints before the Election Commission. Several parties across the political spectrum, the Shiv Sena, the NCP, the MNS, and the Congress candidates have lodged complaints about an alleged fraud within the EVMs.
 
Besides, tampering has also been alleged with the electoral rolls. During the polls of Mumbai Mahanagar Palika, 11 lakh voters lost their right to vote at the last moment, as their names were missing. Many of these were from underprivileged sections of society.
 
For example, in one ward of Nasik town it so happened that the number of votes cast were more than the total number of voters registered. In Yeravada ward of Pune, the number  of voters registered were 33289, but during counting votes cast were found to be 43324 (at least 10,000 higher!). In one area, after issuance of confirmation letter of victory under the article 194, a victory procession was taken out. Later on after one hour, the victorious candidate was told that the counting of one EVM was still pending. In that EVM all the votes cast were found in favour of BJP candidate and suddenly the results were overturned and the BJP candidate was declared as winner.
 
In the Sakinaka area of Mumbai also, one Independent Candidate Shrikant Sirsat secured '0' votes. He has maintained in his complaint that even when his family and neighbours had cast votes in his favour, the outcome was a Zero vote! In Nagpur also, NCP has raised a clear demand for inquiring into the ‘EVM scam.’ In Amaravati town, all the parties have together gotten together and called for a 'Bandh' against the misuse of EVMs. The protest received a good response. In Kolhapur, one former Judge of the High Court, B. G. Kolse Patil is on record saying that that as there is tampering with EVMs, and the necessity of a verifiable paper trail machine is inevitable. If it is not possible then a demand for 'back to ballot' should be made.
 
Similar incidents of election-related fraud have allegedly taken place in several locations in the course of the recent elections to five Indian States as learned from reports in the media. BSP supremo, Mayavati and all other opposition parties have levelled accusations alleging large scale irregularities committed through the EVMs in the recently concluded Assembly elections to the state of U.P. The accusations are serious, alleging as they do that through this alleged EVM tampering, the state election results have been actually manipulated.
 
The current outcry against EVMs this time being articulated by BSP’s Mayawati and Aam Admi Party’s Arvind Kejriwal have been echoed by senior BJP leaders in the past. In 2009, it was the BJP's Lal Krishna Advani, and Dr. Subramaniam Swami who had expressed severe distrust and doubts against EVMs and party's chief spokesman G.V.L. Narsimha Rao had even authored a book on the subject.
 
Many computer experts have opined that since the EVMs function through computer programming, this programming can be manipulated by hackers with requisite skills.  Technical experts assigned the job of keeping a vigil on the security of the EVMs also believe that it is not difficult for EVMs to be hacked.
 
In the year 2009 it was the BJP, then in the Opposition that had, accompanied with electronic experts, initiated a campaign across the length and breadth of the country, attempting to prove that EVMs can be tampered with. It was in response to this robust movement, that carried on till 2014, that a direction was obtained from the Supreme Court (SC): to implement the 'Voter Verified Paper Audit Trail' (VVPAT).  This needs to be urgently implemented. The Paper Trail is such a method, which allows a voter to obtain permission to verify whether his/her vote fell to the candidate that he voted for. This is how it works: After the voter casts his vote, a printed sheet comes out of the EVM which reveals, to him/her, who he/she had voted for. The Supreme Court (SC) has now, again, in 2017, — opining that for free and fair polls, the VVPAT is essential– issued one more directive to the Election Commissioner to ensure its implementation.
 
Through this Paper Trail Method of Verification, the sanctity and transparency of the electoral process can be maintained; and the credibility of the EVM machines can also be ensured. During voting a cross-check related to accuracy can be maintained and in the event of any controversy, through the manual counting of votes, any dispute can be resolved. For free and fair elections, such a Paper Trail is inevitable. By doing so, the trust of the people, the Indian voters on the EVMs can be regained.
 
Will the Election Commission responsible for the deliverance of free and fair elections implement the SC directive on the Paper Trail? Before complete faith on the electoral process is shaken, all concerned citizens and the organisations must make intense efforts for the compulsory implementation of the Paper Trail. Our demand must be that the Gujarat Assembly Polls must take place, in 2017 with the fall-back Paper Trail Method firmly in place. This is the need of the hour.

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Image: Sabaaneh
 
Under the provisions of G-PISA, arrests made, merely on such ‘suspicion’ shall be considered as cognisable and non-bailable offences. The Proposed act shall deal with terrorism, insurgency, communalism and caste-based violence which imperil internal security.
 
Moreover, both private and public places shall be covered under surveillance of electronic devices and CCTV cameras. Simultaneously, the act has a provision that the government can arrest any person without any kind of formal complaint – without having to undergo any legal procedure. These are facilitators of an essentially authoritarian state. The state will be over-empowered, with unquestionable rights, to ostensibly nab those who are “alleged security threats” without any kind of warrant.
 
Bent upon choking any type of dissent, the Gujarat government is expeditiously tying to implement the G-PISA to throttle the voice of any critics and even the political opposition. The intentions of the government are clear: suppress all types of dissenting voices and snatch away the basic human right encompassing freedom of expression.

Following the strong protests by opposition parties and citizens against the harsh provisions of Gujarat Control of Terrorism and Organised Crime (GujCTOC), President Pranab Mukherjee had refused to okay it. Moreover, former presidents APJ Abdul Kalam and Pratibha Patil too had returned the GujCTOC for required amendments. These interventions by three Presidents were clear signals to a government bent upon violating the fundamental rights of citizens through the proposed ‘Organised Crime’ bill.
 
A similar bill – Internal Security Protection Act, 2016 – aimed at dealing with challenges posed by insurgency, communalism and caste-based violence was also tabled in the legislative assembly of Maharashtra. This proposed law, too, had a provision to arm the police with wide, overreaching powers. However, the draft of this act was circulated on public domain for debate/discussion, and in the wake of widespread protest by civil liberties and human rights groups, opposition parties including the Maharashtra government’s own political ally (the Shiv Sena), the proposed bill was withdrawn. The said bill was identical to the Maintenance of Internal Security Act (MISA) — one of the harshest laws of the independent India, imposed during the infamous Emergency, between 1975 and 1977. The new act (in Maharashtra) was merely its rechristening or resurrection. The modern day MISA, allowed unbridled detention and arrests of citizens without prosecution attracting the criticism that, it would convert the entire state of Maharashtra into a ‘glorified’ jail. So far, in the wake of widespread public protest, the attempt at enacting such a ‘black’ act did not succeed.
 
Following its failure in Maharashtra, a process has now been started to enact G-PISA in Gujarat. This is a dangerous move which can result in suppression of civil liberties and freedom. It is obvious that by bringing in such a law, the government is trying to curtail the civil liberties of the people of Gujarat.
 
Existing laws are quite adequate and effective to ensure the internal security of the nation. Moreover, the already prevalent laws like the ‘Prevention of Damage to Public Property’ and the other criminal laws are enough to maintain law and order situation.  There does not appear any need to formulate a new law like G-PISA.
 
According to news reports, the proposed act contains severely harsh provisions to initiate actions against caste groups and communal forces. All crimes under the purview of the new act shall become non-bailable and people can be arrested merely on the basis of ‘suspicion’.
 
By installing surveillance system like CCTV cameras at private places including residences, offices etc., the government is legally empowering itself to commit illegal acts of surveillance. The government is further empowered to tap telephonic conversation of any caller. These examples are illustrative from bits and pieces of the drafts that have been made available.
 
A united campaign to oppose such an intention on government’s part, by concerned citizens and organisations is urgently needed. The Gujarat government’s intention to undemocratically suppress political opposition including the civil movements is really serious. All citizens, experienced and aware of the government’s ill intent need to come together – like in Maharashtra – to nip the draconian move of the Gujarat government in its bud. No act or law which aims at harming fundamental rights of the people can be allowed to exist on statute books. We need to raise public awareness and protest peacefully in multiple ways to ensure that this move is hit back.
 
 (The author is National President of Indian Radical Humanist Association and General Secretary of PUCL Gujarat)
 
 
Related story: Maharashtra Govt’s Proposed Draconian Law open to “Healthy Debate”, says Top Official
Related Story: Terror of Law: The Gujarat Protection of Internal Security Act (GPISA)
 

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India had as many as 4,11,992 prisoners in 2013, of which 2,28,879 were such against whom prosecutions were still pending. This means that as many as 67 per cent of the total prisoners in India were under trials; 2,70,783 men and 12,096 women. (Figures of the National Crime Records Bureau, the National Crime Records Bureau, NCRB)
 
From one of the reports it has been revealed that especially this category of prisoners have been deprived of benefits for which they are eligible, for years together. State governments do not implement with any degree of rigour, the guidelines which are issued by the National Human Rights Commission (NHRC), Supreme Court of India or the even the government of India. Although, there is a provision as per section 436 of the Indian Criminal Procedure Code that those who have completed more than half of the maximum punishment, can be set free on bail by jail authorities, neither the prison administration not the state government implement this legal provision.
 
If the orders and guidelines which were issued (by the Supreme Court of India) in the case of  Bhimsingh[1], for the implementation of this section are followed, a vast majority of under trials in the could have benefited from it. Prisoners are never kept informed of amendments in the laws being made from time to time. The State Level Legal Aids Committee(s) which were formed with the aim of providing justice to the poor and free legal aid to the under trial prisoners, have clearly failed in showing any vision or direction.
 
Coming to Gujarat, the figures according to the NCRB are stark. For 2014 the NCRB shows that the following figures:
 

 
According to National Crime Record Bureau (NCRB) data, states such as Goa, Jammu & Kashmir, Gujarat and Punjab are among the worst performing states with over 75 % of under trials remaining in jails for over 3 months. The meetings of Review Committees at the District level, statutorily required to be held every three months, are given the go-by in Gujarat. Although guidelines have been issued to form Lok Adalat(s) or Special courts to deal with this issue,  these guidelines have not yet implemented. Prisoners are not kept informed of ‘the advisory of the guidelines’ issued by the Supreme Court, the government of India and the National Human Rights Commission. Hence, due to this lack of knowledge of their rights, the under trial prisoners do not get benefit of the amendments made in Section 436 of the CRPC. While Gujarat is otherwise flaunted for its ‘good governance’, the state’s home department has been ignoring or neglecting the conditions of under trial prisoners.
 

Gist of Directions by the Supreme Court of India in the Bhim Singh Case

Considering the fact that a large number of under trial prisoners housed in the prisons (the Attorney General Rohatgi admitted that 50 per cent of all prisoners were under trials), the 3-judge bench of R.M. Lodha, CJ and Kurian Joseph and R.F. Nariman, JJ directed the jurisdictional Magistrate/Chief Judicial Magistrate/Sessions Judge to hold one sitting in a week in each jail/prison for two months commencing from October 1, 2014 for the purposes of effective implementation of 436A CrPC which provides for the maximum period for which an under trial prisoner can be detained. The Court was of the opinion that such step was necessary in the interest of criminal justice as by identifying the under trial prisoners who have completed half period of the maximum period or maximum period of imprisonment provided for the said offence under the law, appropriate orders could be passed in jail itself for release of such under-trial prisoners who fulfill the requirement of Section 436A CrPC for their release immediately.

 
The report of the Comptroller and Auditor General (CAG) dated March 31, 2013 regarding management of jails is an eye-opener. The CAG has clearly observed that while the Home Department of the Gujarat government is responsible for the management and administration of the jails and for reforms of the prisoners, severe neglect has been shown on this front. The CAG has brought out (in its report for the period from 2008 to 2013), many deficiencies and defects in this regard. Due to a lapse in the security arrangements at Sabarmati Central Jail, the incident of excavation of a tunnel had taken place in which door frame metal detectors, close circuit television system and mobile phone jammers were found to have been rendered ineffective or non-functional. No Watch Towers were erected at the Sabarmati Central Jail. There was shortage of staff and inadequacy of medical facilities and besides that, neither the Advisory Board nor Prison Development Board were constituted in spite of provisions in the Model Prison Manual, 2013. To date, the authorities have not been transparent about whether or not the New Gujarat Jail Manual has been drafted or not. It was this lax prison administration that allowed a 218 feet long tunnel to have been dug out within the Sabarmati Jail before it came to the knowledge or notice of anybody,
 
From a close look at audit report of the CAG, about the functioning of the Gujarat Government’s Home Department, it appears that there are clear lapses in the security arrangements at the Jail. If the Jail Administration functions as per the rules and had been efficient, 55 prisoners could not have succeeded in digging a 218 feet long tunnel without this coming to the notice of the authorities. The responsibility lies with the IGP (Prisons) or the Deputy IGP. ? Out of 1,540 prisoners who have escaped or fled from the jail, as many as 657 prisoners are still at large or absconding and have not yet been traced.  This speaks volumes about the functioning of the Home Department of Gujarat. All these are observations from the CAG Report. It is no wonder then that any discussion on the CAG report have been (un-democratically) simply prohibited in the Gujarat state legislative assembly.

(The writer is General Secretary, People’s Union for Civil Liberties, PUCL, Gujarat) 

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