Election Commission Cites Voter Privacy, Misuse Concerns in Rejecting Demands for Public Release of Polling Footage

 India, June 21, 2025 – The Election Commission of India (ECI) today strongly pushed back against persistent demands, particularly from opposition parties, to publicly release CCTV and webcasting footage from polling stations. Citing paramount concerns over voter privacy and the potential for intimidation and misuse, sources within the poll body asserted that such a move would be "entirely contrary" to legal provisions and Supreme Court directives.

The ECI's firm stance comes amidst renewed calls for greater transparency following recent elections, with some political leaders, notably Congress leader Rahul Gandhi, accusing the commission of "deleting evidence" by directing the destruction of such footage after 45 days.

ECI's Rationale for Non-Disclosure:

According to Election Commission officials, while the demand for public footage might appear to promote transparency, it would, in fact, achieve the "opposite objective" and jeopardize the integrity of the democratic process. Their key arguments include:

1. Voter Secrecy is Paramount: Officials emphasized that the secrecy and privacy of the voter are non-negotiable principles, enshrined in the Representation of the People Acts of 1950 and 1951, and consistently upheld by the Supreme Court. Releasing footage could compromise the privacy and security of voters by making it possible to identify who voted or abstained.
2. Potential for Misuse and Intimidation: EC sources warned of hypothetical but plausible scenarios where political parties, upon seeing fewer votes in a particular booth, could review the footage to identify supporters or non-supporters. This could lead to post-poll harassment, coercion, discrimination, or intimidation by "vested interests" or "anti-social elements."
3. Internal Management Tool, Not Public Record: The Election Commission clarified that CCTV recordings and webcasts are purely internal monitoring mechanisms and are not legally mandated elements of the election process. They are used for administrative oversight to ensure smooth conduct of polls and address any complaints.
4. 45-Day Retention Period: The ECI retains this footage for a period of 45 days. This duration aligns with the statutory period for filing election petitions in a competent court. Officials argue that retaining footage beyond this period, when no legal challenge is active, makes it "susceptible to misuse... for spreading misinformation and malicious narratives" by non-contesting entities. If an election petition is filed within the 45-day window, the footage is preserved and made available to the court.
5. Recent Rule Amendment: In December 2023, the Union Law Ministry, based on the EC's recommendation, amended Rule 93 of the Conduct of Election Rules, 1961. This change specifically restricts public access to certain electronic records, including CCTV footage, webcasting material, and candidate videos, to prevent their "selective or malicious usage." This amendment effectively clarified that electronic footage is not among the "election papers" automatically open for public inspection.

Opposition's Concerns:

The ECI's stance has drawn sharp criticism from opposition parties. Rahul Gandhi, the Leader of Opposition in the Lok Sabha, today accused the EC of "deleting evidence" instead of providing answers. He questioned the EC's practices regarding voter lists and the limited retention period for video footage, alleging a "fixed match" that is "poison for democracy." The Congress has specifically demanded the release of post-5 PM CCTV footage from polling booths, particularly in connection with alleged irregularities in the Maharashtra Assembly elections.

The debate highlights a tension between demands for greater transparency in the electoral process and the ECI's constitutional mandate to protect the secrecy and privacy of individual voters.