Skip to main content

RTI info on Electronic Voting Machines would 'endanger' life of engineers: BEL

By A Representative
In a surprise move, one of India’s top electronics public sector undertakings, Bharat Electronics Ltd (BEL), has refused to disclose details under the Right to Information (RTI) Act about Electronic Voting Machines (EVMs) and Voter Verified Paper Trail (VVPAT), used by the Election Commission of India (ECI) for voting across India, stating that such a disclosure “would endanger the life of its engineers.”
Ironically, in June this year, the ECI took an identical view while refusing to disclose under the RTI Act details of the dissent notes of its Commissioner Ashok Lavasa on decisions pertaining to Prime Minister Narendra Modi's speeches, which were alleged to have violated model code, saying it may "endanger the life or physical safety" of an individual.
Top RTI activist Venkatesh Nayak, who is with the advocacy group Commonwealth Human Rights Initiative (CHRI), had sought information on EVM and VVPAT following “scanty information” about the manner in which polls were conducted across India in April-May 2019 general elections, which returned the National Democratic Alliance (NDA) government to power with a thumping majority.
Dissatisfied, says Nayak in an email alert to Counterview, several private citizens and mediapersons used RTI to seek information about voter turnout data mismatch, complaints about EVMs malfunctioning, complaints about mismatch of EVMs and VVPAT printouts, movement of EVMs and VVPATs to the electoral constituencies from the manufacturing companies, and details of action taken on complaints received against high profile politicians for violating the Model Code of Conduct.
After many of these requests were turned down by relevant public authorities, Nayak asserts, on June 17, 2019, he decided to file two identical RTI applications seeking information from BEL, as also the Electronics Corporation of India Ltd (ECIL), the two manufacturers of the voting machines.
ECIL, says Nayak, “Uploaded some of this information on the RTI Online Facility but rejected access to some crucial bits of information sought in my RTI application”, but has not received “a formal reply from ECIL.”
As for BEL, Nayak says, initially, the Central Public Information Officer (CPIO) of BEL “sent a fee intimation letter for Rs 1,434 for a total of 717 pages after almost a month”, agreeing to “supply most of the information”, even though denying “access to the VVPAT patent application filed with the Office of the Controller General of Patents by citing Section 8(1)(d) of the RTI Act.”
How could BEL say it did not have necessary information on EVMs, VVATs? Which papers did they count before sending the reply that information was contained in 717 pages?
After sending a draft of Rs 1,434 and waiting for 40 days, when Nayak did not hear from the BEL CPIO, on August 28, 2019, he filed an appeal under the RTI Act challenging the non-supply of information, to which, the CPIO, who immediately sent in a reply, returning the bank draft and “claimed that BEL did not have most of the information sought which he had agreed to supply in his first reply”.
The reply particularly said that the disclosure of information would "endanger the life or physical safety of engineers who carried out the assignment related to preparation of EVMs and VVPATs", hence it was being "denied under section (8(1)(g) of the RTI Act, 2005." 
Wondering how could CPIO say that he did not have necessary information, asks Nayak, “Which papers did he count before sending the first reply?”, suspecting, the latest reply is “an afterthought arising out of pressure exerted – probably by an external agency against making this information public.”
Nayak says, refusal to part with information under the RTI Act runs counter to what the Union Minister of State for Personnel, Public Grievances and Pensions said about the NDA government's commitment to transparency while replying to the debate on the Bill to amend The Right to Information Act, 2005 (RTI Act) in the Lok Sabha on July 22, 2019.
Referring to RTI, the minister claimed that the government “has been absolutely committed, as in other wings of governance, to ensure full transparency and full accountability". Comments Nayak, “Sadly, this governance philosophy does not seem to have percolated downwards beyond the corridors of the Prime Minister's Office (PMO) with which the Union Minister is associated.”

Comments

Anonymous said…
Article should also indicate , what information was asked for so that people can judge whether reply was reasonable or not.
Editor said…
This is a reply to "article must indicate" what information was sought. The hyperlink is there for all the queries and answers. You can click there

TRENDING

A comrade in culture and controversy: Yao Wenyuan’s revolutionary legacy

By Harsh Thakor*  This year marks two important anniversaries in Chinese revolutionary history—the 20th death anniversary of Yao Wenyuan, and the 50th anniversary of his seminal essay "On the Social Basis of the Lin Biao Anti-Party Clique". These milestones invite reflection on the man whose pen ignited the first sparks of the Great Proletarian Cultural Revolution and whose sharp ideological interventions left an indelible imprint on the political and cultural landscape of socialist China.

Two more "aadhaar-linked" Jharkhand deaths: 17 die of starvation since Sept 2017

Kaleshwar's sons Santosh and Mantosh Counterview Desk A fact-finding team of the Right to Feed Campaign, pointing towards the death of two more persons due to starvation in Jharkhand, has said that this has happened because of the absence of aadhaar, leading to “persistent lack of food at home and unavailability of any means of earning.” It has disputed the state government claims that these deaths are due to reasons other than starvation, adding, the authorities have “done nothing” to reduce the alarming state of food insecurity in the state.

What's behind Donald Trump's 'narco-state' accusation against Venezuela

By Manolo De Los Santos  The US government has revived its campaign to label Venezuela a "narco-state", accusing its top leadership of drug trafficking and slapping hefty bounties on their heads for capture. This campaign, which only momentarily took a backseat, is a strategic fabrication, not a factual assessment. This accusation, particularly amplified under the Trump Administration, is a calculated smokescreen to justify a long-standing agenda: the overthrow of the Venezuelan government and the seizure of its vast oil and mineral resources. A closer examination of the facts reveals a country that has actively fought drug trafficking on its own terms and a US government with a clear and consistent history of destabilizing independent countries in Latin America.

Epic war against caste system is constitutional responsibility of elected government

Edited by well-known Gujarat Dalit rights leader Martin Macwan, the book, “Bhed-Bharat: An Account of Injustice and Atrocities on Dalits and Adivasis (2014-18)” (available in English and Gujarati*) is a selection of news articles on Dalits and Adivasis (2014-2018) published by Dalit Shakti Prakashan, Ahmedabad. Preface to the book, in which Macwan seeks to answer key questions on why the book is needed today: *** The thought of compiling a book on atrocities on Dalits and thus present an overall Indian picture had occurred to me a long time ago. Absence of such a comprehensive picture is a major reason for a weak social and political consciousness among Dalits as well as non-Dalits. But gradually the idea took a different form. I found that lay readers don’t understand numbers and don’t like to read well-researched articles. The best way to reach out to them was storytelling. As I started writing in Gujarati and sharing the idea of the book with my friends, it occurred to me that while...

New RTI draft rules inspired by citizen-unfriendly, overtly bureaucratic approach

By Venkatesh Nayak* The Department of Personnel and Training , Government of India has invited comments on a new set of Draft Rules (available in English only) to implement The Right to Information Act, 2005 . The RTI Rules were last amended in 2012 after a long period of consultation with various stakeholders. The Government’s move to put the draft RTI Rules out for people’s comments and suggestions for change is a welcome continuation of the tradition of public consultation. Positive aspects of the Draft RTI Rules While 60-65% of the Draft RTI Rules repeat the content of the 2012 RTI Rules, some new aspects deserve appreciation as they clarify the manner of implementation of key provisions of the RTI Act. These are: Provisions for dealing with non-compliance of the orders and directives of the Central Information Commission (CIC) by public authorities- this was missing in the 2012 RTI Rules. Non-compliance is increasingly becoming a major problem- two of my non-compliance cases are...

N-power plant at Mithi Virdi: CRZ nod is arbitrary, without jurisdiction

By Krishnakant* A case-appeal has been filed against the order of the Ministry of Environment, Forest and Climate Change (MoEF&CC) and others granting CRZ clearance for establishment of intake and outfall facility for proposed 6000 MWe Nuclear Power Plant at Mithi Virdi, District Bhavnagar, Gujarat by Nuclear Power Corporation of India Limited (NPCIL) vide order in F 11-23 /2014-IA- III dated March 3, 2015. The case-appeal in the National Green Tribunal at Western Bench at Pune is filed by Shaktisinh Gohil, Sarpanch of Jasapara; Hajabhai Dihora of Mithi Virdi; Jagrutiben Gohil of Jasapara; Krishnakant and Rohit Prajapati activist of the Paryavaran Suraksha Samiti. The National Green Tribunal (NGT) has issued a notice to the MoEF&CC, Gujarat Pollution Control Board, Gujarat Coastal Zone Management Authority, Atomic Energy Regulatory Board and Nuclear Power Corporation of India Limited (NPCIL) and case is kept for hearing on August 20, 2015. Appeal No. 23 of 2015 (WZ) is filed, a...

1857 War of Independence... when Hindu-Muslim separatism, hatred wasn't an issue

"The Sepoy Revolt at Meerut", Illustrated London News, 1857  By Shamsul Islam* Large sections of Hindus, Muslims and Sikhs unitedly challenged the greatest imperialist power, Britain, during India’s First War of Independence which began on May 10, 1857; the day being Sunday. This extraordinary unity, naturally, unnerved the firangees and made them realize that if their rule was to continue in India, it could happen only when Hindus and Muslims, the largest two religious communities were divided on communal lines.

Ground reality: Israel would a remain Jewish state, attempt to overthrow it will be futile

By NS Venkataraman*  Now that truce has been arrived at between Israel and Hamas for a period of four days and with release of a few hostages from both sides, there is hope that truce would be further extended and the intensity of war would become significantly less. This likely “truce period” gives an opportunity for the sworn supporters and bitter opponents of Hamas as well as Israel and the observers around the world to introspect on the happenings and whether this war could have been avoided. There is prolonged debate for the last several decades as to whom the present region that has been provided to Jews after the World War II belong. View of some people is that Jews have been occupants earlier and therefore, the region should belong to Jews only. However, Christians and those belonging to Islam have also lived in this regions for long period. While Christians make no claim, the dispute is between Jews and those who claim themselves to be Palestinians. In any case...

Fate of Yamuna floodplain still hangs in "balance" despite National Green Tribunal rap on Sri Sri event

By Ashok Shrimali* While the National Green Tribunal (NGT) on Thursday reportedly pulled up the Delhi Development Authority (DDA) for granting permission to hold spiritual guru Sri Sri Ravi Shankar's World Culture Festival on the banks of Yamuna, the chief petitioners against the high-profile event Yamuna Jiye Abhiyan has declared, the “fate of the floodplain still hangs in balance.”