Voters should be aware that taking selfies or videos in polling booths is illegal in many places, potentially leading to fines or jail time. This is to maintain voter privacy and prevent election interference. Always check local laws before using your phone at a voting site. Violations can result in serious legal consequences.
Elections in the rapidly advancing digital era can have both positive and negative implications. On one hand, leveraging technology can improve the accessibility and efficiency of the electoral process. However, it also introduces cybersecurity risks such as hacking and data breaches, which can compromise the integrity of electronic voting systems and voter databases.
An increasingly prominent concern, though often overlooked, is the inclusion of the “Instagram generation” in the list of eligible voters. The term “Instagram generation” refers to young voters who have grown up with social media platforms like Instagram, which significantly shape their behaviour and actions. This phenomenon is evident in the 2024 general election in India, where a growing number of first-time voters, sharing selfies or videos from voting booths on social media platforms.
In India, maintaining the secrecy of the ballot is a crucial aspect of the democratic electoral process, safeguarded by various legal provisions. Acts that violate this secrecy, such as revealing one’s voting choice while pressing the Electronic Voting Machine (EVM) button, taking selfies, or recording videos inside the voting booth, considered severe infringements of the rules set by the Election Commission of India.
Section 128 of the Representation of People Act, 1951, ensures the preservation of voting secrecy. It explicitly prohibits election officers, clerks, and any other individuals present at polling stations from disclosing a person’s choice of candidate or party. Violating the secrecy of the ballot by disclosing one’s vote can result in legal consequences under this Act. According to Section 128, individuals found in violation may face imprisonment for up to 3 months, a fine, or both.
Furthermore, the Conduct of Election Rules, 1961, specifically Rule 39 and 49M, underline the importance of maintaining secrecy within the polling booth. These rules explicitly prohibit any action that would disclose the identity of the candidate a person has voted for.
Additionally, the use of mobile phones, cameras, or any other electronic devices capable of capturing images or videos strictly forbidden within the polling station.
Apart from facing criminal charges under the Representation of People Act, the Election Commission of India holds the authority to recommend the disqualification of a voter who found guilty of violating the secrecy of the ballot. Such disqualification may impact their eligibility to vote in future elections. The Election Commission also empowered to instruct law enforcement agencies to take appropriate action against individuals who breach the secrecy of the vote, in accordance with the relevant provisions of the Indian Penal Code, as well as the Representation of People Act.
Lastly, polling agents have the right to confiscate any electronic device used in the act of compromising the secrecy of the vote.