Love taking selfies? Doing so inside a polling booth could land you in jail

Rules 39 and 49M of the Conduct of Election Rules, 1961, uphold polling secrecy by prohibiting electronic devices and identity-revealing activities in polling stations

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Elections in the rapidly advancing digital era present a dual-edged sword. On one hand, technology enhances accessibility and streamlines the electoral process. On the other, cybersecurity vulnerabilities pose significant threats, with hacking and data breaches potentially compromising the integrity of electronic voting systems and voter databases.

Influence of the Insta-generation

An often-overlooked yet growing concern is the integration of the ‘Instagram generation’ into the voter demographic. This cohort, predominantly of young voters immersed in social media platforms like Instagram and Snapchat, wields considerable influence over their conduct and decisions. This trend appears evident in the ongoing 2024 General Election in India, where a notable surge in first-time voters is witnessed, avidly sharing inked-finger selfies or voting booth videos across social media platforms.

 

Penalties and prosecution

In India, the confidentiality of the ballot stands as a cornerstone of the democratic electoral process, fortified by legal safeguards. Actions that undermine this confidentiality, such as publicising voting choices while engaging with Electronic Voting Machines (EVMs), taking selfies, or filming within polling booths, are deemed serious violations of the Election Commission of India’s (ECI) regulations.

Section 128 of the Representation of People Act, 1951, preserves the secrecy of votes cast. It prohibits any election official, clerk, or individual present at a polling station from divulging a voter’s choice. Violations of ballot secrecy under this Act constitute punishable offences, with penalties including imprisonment for up to three months, fines, or both.

Moreover, Rule 39 and 49M of the Conduct of Election Rules, 1961, underscore the need to uphold secrecy within polling premises. These regulations prohibit activities that reveal the identity of a voter's chosen candidate, along with the use of mobile devices, cameras, or any electronic apparatus capable of capturing images or videos within the polling station.

Disqualification of voter(s)
 

Beyond legal repercussions stipulated by the Representation of People Act, the Election Commission of India also has the authority to recommend the disqualification of voters found culpable of breaching ballot secrecy, potentially affecting their eligibility in future elections.

Furthermore, the ECI retains the prerogative to enlist law enforcement agencies in prosecuting offenders under relevant provisions of the Indian Penal Code, in conjunction with the RP Act. Notably, polling agents are also empowered to confiscate any electronic devices implicated in compromising vote secrecy.