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.

What Epstein Files reveal about power, privilege and a system that protects abuse

By Bhabani Shankar Nayak*  The Jeffrey Epstein scandal is not merely the story of an individual offender or an isolated circle of accomplices. The material emerging from the Epstein files points to structural conditions that allow abuse to flourish when combined with power, privilege and wealth. Rather than a personal aberration, the case illustrates how systems can create environments in which exploitation becomes easier to conceal and harder to challenge.

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...

History, culture and literature of Fatehpur, UP, from where Maulana Hasrat Mohani hailed

By Vidya Bhushan Rawat*  Maulana Hasrat Mohani was a member of the Constituent Assembly and an extremely important leader of our freedom movement. Born in Unnao district of Uttar Pradesh, Hasrat Mohani's relationship with nearby district of Fatehpur is interesting and not explored much by biographers and historians. Dr Mohammad Ismail Azad Fatehpuri has written a book on Maulana Hasrat Mohani and Fatehpur. The book is in Urdu.  He has just come out with another important book, 'Hindi kee Pratham Rachna: Chandayan' authored by Mulla Daud Dalmai.' During my recent visit to Fatehpur town, I had an opportunity to meet Dr Mohammad Ismail Azad Fatehpuri and recorded a conversation with him on issues of history, culture and literature of Fatehpur. Sharing this conversation here with you. Kindly click this link. --- *Human rights defender. Facebook https://www.facebook.com/vbrawat , X @freetohumanity, Skype @vbrawat

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...

Celebrating 125 yr old legacy of healthcare work of missionaries

Vilas Shende, director, Mure Memorial Hospital By Moin Qazi* Central India has been one of the most fertile belts for several unique experiments undertaken by missionaries in the field of education and healthcare. The result is a network of several well-known schools, colleges and hospitals that have woven themselves into the social landscape of the region. They have also become a byword for quality and affordable services delivered to all sections of the society. These institutions are characterised by committed and compassionate staff driven by the selfless pursuit of improving the well-being of society. This is the reason why the region has nursed and nurtured so many eminent people who occupy high positions in varied fields across the country as well as beyond. One of the fruits of this legacy is a more than century old iconic hospital that nestles in the heart of Nagpur city. Named as Mure Memorial Hospital after a British warrior who lost his life in a war while defending his cou...

Buddhist shrines were 'massively destroyed' by Brahmanical rulers: Historian DN Jha

Nalanda mahavihara By Rajiv Shah  Prominent historian DN Jha, an expert in India's ancient and medieval past, in his new book , "Against the Grain: Notes on Identity, Intolerance and History", in a sharp critique of "Hindutva ideologues", who look at the ancient period of Indian history as "a golden age marked by social harmony, devoid of any religious violence", has said, "Demolition and desecration of rival religious establishments, and the appropriation of their idols, was not uncommon in India before the advent of Islam".

How Budgam by-poll has changed the J&K government’s way of working

By Raqif Makhdoomi*  The political landscape in Jammu & Kashmir has shifted markedly since the Budgam by-election was announced. With Aga Muntazir Mehdi now elected as the MLA from Budgam, celebrations continue at his residence as people congratulate him on what many describe as an exceptional victory. He will represent Budgam for the next four years, and his performance during this term will determine his future in the constituency.

NHRC seeks action report on contaminated water outbreak in Ahmedabad

By A Representative   The National Human Rights Commission (NHRC) in New Delhi has issued notices to the Secretary of the Water Supply Department in Gandhinagar , the Ahmedabad District Collector and the Municipal Commissioner of Ahmedabad, seeking an action-taken report within four weeks on allegations of human rights violations arising from a major outbreak of waterborne diseases in Behrampura , Danilimda ward of Ahmedabad city.