The Election Commission of India (ECI) has raised serious concerns over demands to share video or CCTV footage from polling station webcasts, warning that such disclosures could compromise voter privacy and the secrecy of the ballot.
According to the ECI, releasing this footage could lead to the identification of individuals who have voted or chosen not to vote, thereby exposing them to possible pressure, discrimination, or intimidation by anti-social elements.
On Saturday, Leader of the Opposition in the Lok Sabha, Rahul Gandhi, repeated his allegation that the Election Commission had engaged in “match-fixing” the general elections. He claimed that the instruction to delete CCTV footage 45 days after polling was a tactic to “destroy evidence.”
In response, the Election Commission issued a note, viewed as a rebuttal to Gandhi’s statement, stating that the secrecy of the voter is a constitutional principle that cannot be compromised. “Sharing video footage may compromise this secrecy, particularly for those who decide not to vote,” the ECI said.
The note further explained: “In any election, there may be electors who decide not to vote. Sharing video footage of polling day may lead to the identification of such electors. This could result in the profiling of voters based on whether they voted or abstained, and may form the basis for discrimination, denial of services, intimidation, or inducement.”
The Commission emphasized that the Hon’ble Supreme Court has recognized the right not to vote as part of the broader right to vote and affirmed that the secrecy of this choice must be upheld.
Citing legal provisions, the ECI said that both the Representation of the People Act, 1950 and 1951, and Supreme Court directives reinforce its stand on maintaining voter confidentiality. It also reminded that any violation of voting secrecy is a punishable offense under Section 128 of the RP Act, 1951.
The Commission clarified that webcasting is used purely as an internal management tool to monitor polling day activities. The footage is retained for 45 days—matching the period allowed for filing an election petition—and is not shared with the public or third parties unless directed by a competent court.
Reaffirming its position, the ECI stated that it remains unwavering in its commitment to protecting the privacy and security of voters, placing these concerns above demands made by political parties or special interest groups. It reiterated its willingness to share footage only with courts in the context of an election petition, thereby upholding the principles of transparency and voter protection.