Scrutiny of EVMs being used for Elections in India. Report of the Scientific Scrutiny by Experts
Back to Ballot is the only remedy.
The main aim of the ‘Peoples’ Union for Civil Liberties’ (PUCL), Gujarat, is to preserve the democratic values and to establish the same in the people’s mindset. The organization believes that the democracy is a system of life and beauty of its life lies in the diversity and differences of opinions. Hence, wherever there are points / issues concerning the general public at large or where the points / issues concerning the human or constitutional rights which have become sensitive among the public, the organization remains alive to them and certainly engages itself in giving guidance for bringing such issues to the fore in the correction direction / perspective and to arouse or awaken public awareness.
In our democracy and political system, electoral process is an important and integral part. People’s representatives getting elected on this basis have been working for the task of nation building. At such a time, it is very essential and mandatory that electoral system and its process is just and free. It should be entirely transparent and foolproof and far too above any kind of doubts.
Democracy is a way of life and to form a democratic society in its true sense for selection of people’s representatives, election process is its integral part. To ensure that election is conducted in a free and just manner, on the one hand, tactics like temptation, threat, caste-communalism, character assassination, liquor etc. should not be used and on the other hand it is very essential and inevitable that the entire electoral process arrangements are transparent and free from and far too above any kind of doubts.
In the recent elections of Gujarat Legislature in the year 2012, doubts about credibility of EVM were expressed from all over and we had also received wide-ranging complaints. Some complaints were based on the experience and some complaints were of such a nature that it was not possible to rationally and logically reply. Some complaints were based on the analysis of results but were having substance in them.
The outcome of Gujarat Legislature elections in the year 2012 were startling to some extent which gave rise to the doubts in the pubic mind at various stages in respect of the electoral process. When the shocking fact came to light that electronic voting machines being used in India are susceptible to be tampered with, then the ‘PUCL’ Gujarat, felt that the matter should be exhaustively inquired into by the experts and their conclusions / outcome should be placed before the concerned authorities and other stakeholders in the larger interest of the public.
Realizing that to arrive at certain conclusion out of the above, it is necessary to make scientific scrutiny, a Committee consisting of engineers having technological knowledge and those supporting democracy, was formed by the PUCL in the interest of the nation as a whole.
In this context, to conduct scientific scrutiny of the EVM, a Committee consisting of engineers having knowledge in this technology, was constituted by PUCL (Gujarat). In this Committee, following members rendered their honorary services for which we are thankful to them:
Rahul Mehta, Ahmedabad (B Tech, Computer Science, IIT Delhi; MS, Computer Science, Rutgers – New Jersey State Univ.); Balendu Vaghela, Rajkot; (Computer Technologist – Expert); Raju Dipti, Gandhinagar (M.E.), Mahesh Pandya, Ahmedabad (B.E. – Environment Engineer)
The above members were assigned following points for scrutiny.
1. Are the EVMs being used in the election process in India immune or above any kind of doubts?
2. Whether the above arrangements are technically satisfactory and defect-free or foolproof?
3. Are there any possibilities of tampering with the EVMs on a large scale? Whether there is scope for any improvement?
4. Whether free and just polls can be entirely possibly by this method alone? If no, then what can be suggested in this matter?
Frequent interactions with all the friends were made as also interviews were held and meetings for discussions and deliberations took place. One questionnaire was prepared and sent out to certain associates and as a part of conclusions derived from it, certain serious doubts and issues were revealed about the EVMs being used in India. Series of meetings were held for over six months and opinions were solicited about this at various stages.
In the 2012 Gujarat Legislature Assembly elections, widespread discontent and complaints were noticed in respect of the EVMs. Some complaints were based on the experience and some were such whose answers were inexplicable on the anvil of principles or logic. Looking at the analysis of the election results also some complaints do have substance in them.
Let us have a look at the quotes of some newspapers during that point of time.
a) The conspiracy of setting in the EVMs in Padra, (Dist. Baroda) got exposed. The votes registered were found to be more than those which were cast. 44 votes were cast in the EVM but after the counting, 111 Nos. of votes were reported.
Gujarat To-day 22-10-10
b) The experts also recognized and endorsed to the questions raised against the EVM in Gujarat. The experts in the field of such technology, including the EVM accepted that no technology is foolproof and it is very easy to tamper with the EVMs. .. Jay Hind; 27-10-2010
c) Votes outnumber voters at five polling booths in Surat. Total figure of voting was more than the number of voters registered. Collector promises action.
DNA. October 12, 2010
d) America felicitates the researcher who made presentation about the defects in the EVMs being used in India for the elections. Vemuru had recently made a startling revealing about security related flaws in the E-voting machines being used in India. Vemuru had been felicitated with Pioneer Award for the year 2010 at the San Francisco based Head Quarter of Civil Liberties Group of America.
Sambhav Metro; 25-10-2010
Findings and Recommendation
In the backdrop of the above, this study has been undertaken with an aim of making the whole process transparent, answerable and credible and to strengthen the democracy. The Findings and Recommendation put forth in the above context by the experts are as under:
(1) There is a storm of protest against the EVM. This method is such that even the voter himself does not know in whose favor he is casting his vote. Hence for free and just pole, it is inevitable to go back to the system of voting by the back to ballot.
(2) The fact that the Election Commission has admitted that there is scope for improvement in the present system, proves that the system is not foolproof.
(3) Every citizen of the country has a right to know whether the polling process being carried on by the autonomous body such as Election Commission is impartial, credible and foolproof or not. In this context, when these questions are raised at different stages then instead of giving clear and proper replies, the Election Commission is giving roundabout and defensive replies. Why the Election Commission is not ready and willing to offer these EVMs for scientific scrutiny by the impartial experts in the electronic field, knowledgeable persons in this line and the experts to prove that the same are tamper-proof and foolproof and thus to prove its credibility and answerability. In the countries such as Germany and others, the Governments have indeed done this. It is our demand that enough opportunity may be provided for scientific scrutiny of the EVM by the impartial technologists of electronic field, knowledgeable persons and the experts.
(4) Many countries of the world do not consider the EVM as reliable. Then why is there adamant and stubborn insistence for its use in India alone? The study of EVM was carried out for California State of America. On seeing that the result is negative, ban on use of EVM for election purposes was imposed by the California Government. Not only in California, use of EVM is banned in 21 other States of America. This has also been the case in Europe and other countries from which we had accepted this kind of method and they themselves are opposing it then we must learn from it and it is inevitable for us to go back to the polling by back to ballot paper method.
(5) When a case was filed in the Supreme Court against the Election Commission by raising doubts about credibility of the EVM, then later on, Election Commission admitted and confessed about the defect and advanced a contention / claim that new types of EVMs have been got ready. But to bring the same into implementation and looking to the need of the time, energy and finances there does not appear to be any possibility of using it during the parliamentary elections for the year 2014. Even if, this “ Voter Verifier Paper Audit Trail (VVPAT) System is brought under implementation, then in the event of demand for recounting by any defeated candidate, voting slips will have to be counted which may result into double labour. In the general elections, there will be a need of 13 lac No. of VVPAT which will possible involve need of about Rs. 1,692.13 crores and it is not possible to manufacture in coming six months. Hence in order to conduct free and fair polls, it will be inevitable to take recourse to “back to ballot” method for voting, in which there will be expenditure of only Rs. 700 to 800 crores.
(6) The basis of decision for making use of EVM in India was taken in mysterious circumstances without taking into confidence the technicians and the stakeholders and is incorrect in itself. Moreover, having regard to sovereignty of the State, it is not proper that chip of the EVM is produced in a foreign country.
Partial and necessary data of the Experts is enclosed herewith.
In the circumstances when the Election Commission itself has indirectly admitted that the EVM is not foolproof for free and fair polling process where is the sense in rigidly sticking to this process in the forthcoming elections? In the end, if nothing is possible, then in order to repose the credibility, is not it necessary to organize the forthcoming elections with the Dual System instead of conducting it in the present dubious atmosphere or circumstances?
It is our feeling that instead of being dependant on a foreign country it is essential and inevitable to embrace or adopt the system where ballot papers are printed or prepared in our own country.
This views expressed by the expert team seems to be logical and reasonable. We accept their views as findings, although we are not associated with any political party.
This has been published in good faith and in larger public interest for mobilizing and influencing public opinion among the public bodies at large, through the various organizations such as Election Commission, different political parties, media – press, awakened citizens’ organizations etc.
Gautam Thaker, General Secretary, PUCL Gujarat: 10th December 2013 (Human Rights Day), Ahmedabad
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Opinion of the committee
We have been handed over with the task to opine on below stated four issues pertaining to election process by EVM Technology:
1. Whether the EVM Machines used in Election process in India are beyond doubt?
2. Whether the EVM process is full proof and satisfactory?
3. Whether there are possibilities, in tampering with the EVM machines in big way? and whether the process system requires the corrections.
4. Whether fair and free elections are completely possible in present EVM system? If no, what suggestions could be made?
Our opinion on these four points are as under:
1. No; 2. No; 3. Yes; 4. No and as per our recommendations.
Rahul Mehta, Ahmedabad (B Tech, Computer Science, IIT Delhi; MS, Computer Science, Rutgers-New Jersey State Univ.); Balendu Vaghela, Rajkot; (Computer Technologist-Expert); Raju Dipti, Gandhinagar (M.E.), Mahesh Pandya, Ahmedabad (B.E.-Environment Engineer)
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Tags
back to ballot, evm tampering