The Very Process Of Democratic Franchise Has Been Undermined And This Is Most Alarming

ADR files petition in Supreme Court on mismatch in EVM data

ADR has filed a petition in SC on Nov 15, asking for ‘a court order directing EC to conduct actual and accurate reconciliation of the (votes) data before declaration of final result of any election’

Representational image

NH Web Desk

Published: 20 Nov 2019, 3:37 PM

Engagement:574

Election watch body Association For Democratic Reforms (ADR) has filed a petition in the Supreme Court on November 15, asking for “a court order directing the Election Commission of India (EC) to conduct actual and accurate reconciliation of (votes) data before the declaration of the final result of any election”, the Quint reported.

ADR has also appealed for an investigation into all such discrepancies in the data related to the 2019 Lok Sabha election results.

Raising concern on the conduction of the election process, the petition states: “The infirmities in the existing system of conducting elections, by declaring the election results even before the authenticated election data is released by the Election Commission, is far more serious and an alarming trend and therefore, cannot be disregarded.”

“That such a protocol is likely to create suspicion, confusion, conflict, and a very discredited electoral process...that declaration of the results by the Respondent No. 1 (EC) prior to receiving the actual data from all Returning Officers and its reconciliation in a systematic and transparent manner is unconstitutional, illegal, arbitrary and unjust,” it added.

The Election Commission of India had replaced polled votes data on its website as well as its mobile app, named ‘My Voters Turnout App’, after announcing the 2019 Lok Sabha election results.

ADR’s petition raises serious questions on Election Commission stating that multiple changes in the data could be an attempt to cover up discrepancies.

“...the methodology of putting out actual numbers of votes polled was changed arbitrarily and without any explanation...The discontinuation of publication of actual number of votes polled at any booth/constituency and replacing it with a percentage figure abruptly in the seventh phase of the election was seemingly done, to cover up the large number of unexplained discrepancies being recorded in majority of the constituencies.”

According to the report in The Quint, plea mentions that the ADR requested for Form 17C under the RTI application which it hasn’t received yet. The organisation was communicated orally by the EC that Form 17C is “sealed along with the EVMs after counting (May 23, 2019), and thus, cannot be shared”.

Form 17C is prepared and signed by the Presiding Officer after voting is over on the polling day, it is considered to be the most authentic document related to the number of votes polled.

“It is not only sufficient that election results are accurate, the public must also know that the results are accurate. The entire electoral process is damaged if elections are not credible even in the absence of a demonstrable scam,” read the petition

The petition further points out that “electronic voting machines (EVMs) are especially vulnerable to malicious changes by insiders such as designers, programmers, manufacturers, maintenance technicians etc”.

Referring to international technical experts on EVMs from the ‘Verified Voting Foundation’, the petition states, “The voter cannot know that the vote eventually reported is the same as the vote cast, nor can candidates or others gain confidence in the accuracy of the election by observing the voting and vote counting processes. There is no reliable way to detect errors in recording votes or deliberate election rigging with these machines. Hence, the results of any election conducted using these machines are open to question.”

Winter Session Of Parliament: Sena To Sit In Opposition Benches and Controversial Citizenship (Amendment) Bill To Be Tabled To Make It A Statute

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Winter session begins tomorrow, Shiv Sena to sit with the opposition

While 18 Lok Sabha Members and 3 Rajya Sabha Members of Shiv Sena have been allotted seats with the opposition, Govt has listed 35 bills including the contentious Citizenship Bill on list of business

Indian Parliament (Photo courtesy: social media)

IANS

Published: 17 Nov 2019, 10:39 AM

Engagement:0

The winter session of Parliament beginning November 18 will see over 35 legislations taken up, including the controversial Citizenship (Amendment) Bill, 2019, which amends the definition of illegal migrant, and the Personal Data Protection Bill.

The session, which will end on December 13, will see a total of 20 sittings.

Currently, there are 43 bills pending in Parliament. Of these, 12 Bills are listed for consideration and passing and seven are listed for withdrawal. Twenty-seven Bills are listed for introduction, consideration, and passing.

Meanwhile, the Shiv Sena has been allotted seats with the Opposition following the regional outfit's decision to part ways with the BJP in Maharashtra. The Shiv Sena has 18 MPs in Lok Sabha, while it has three MPs in the Rajya Sabha.

· The Central government is likely to push for passage of the Citizenship (Amendment) Bill that seeks to amend The Citizenship Act, 1955 to make Hindu, Sikh, Buddhist, Jain, Parsi, and Christian illegal migrants from Afghanistan, Bangladesh, and Pakistan, eligible for citizenship of India. The bill is a key BJP plank which is aimed at granting nationality to non-Muslim immigrants from neighbouring countries.

Under The Citizenship Act, 1955, one of the requirements for citizenship was that the applicant must have resided in India in the last 12 months, as well as for 11 of the previous 14 years.

Now the amendment relaxes the second requirement -- from 11 years to six years.

The BJP-led NDA government had introduced the bill in its previous tenure but could not push it through due to vehement protests by opposition parties. The bill had lapsed following the dissolution of the last Lok Sabha. The Bill is likely to be introduced afresh in the winter session. It will have to be passed by both Houses in order to become a law.

There has been strong opposition to the bill in Assam and other northeastern states.

* The Personal Data Protection Bill deals with handling and processing of consumer data by corporate entities, while introducing restrictions and penalties.The proposals are based on a report submitted by Justice B.N. Srikrishna in July 2018. The draft Bill has gone through two updates based on inputs received from industry.

* The Transgender Persons (Protection of Rights) Bill, 2019, introduced in the Lok Sabha on July 19 this year by Minister for Social Justice and Empowerment, Thaawarchand Gehlot, and passed by the Lower House on August 5.

The Bill defines a transgender person as one whose gender does not match the gender assigned at birth. It includes trans-men and trans-women, persons with intersex variations, gender-queers, and persons with socio-cultural identities, such as 'kinnar' and 'hijra'.

The Bill prohibits the discrimination against a transgender person, including denial of service or unfair treatment in any way, including education, employment, healthcare, right to reside among others.

* The Prohibition of Electronic Cigarettes (Production, Manufacture, Import, Export, Sale, Distribution, Storage and Advertisement) Bill, 2019, would replace an Ordinance that was promulgated in September 2019.

The Ordinance prohibits the manufacture, trade, and advertisement of e-cigarettes in India.A Any person who contravenes these provisions will be punishable with imprisonment of up to one year, or a fine of up to one lakh rupees, or both.

No person is allowed to use any place for the storage of any stock of e-cigarettes. If any person stores any stock of e-cigarettes, he will be punishable with an imprisonment of up to six months, or a fine of up to Rs 50,000, or both.

* Some of the other important bills to come up are: The Industrial Relations Code Bill, 2019, which amalgamates the Trade Unions Act, 1926, the Industrial Employment (Standing Orders) Act, 1946, and the Industrial Disputes Act, 1947; The Taxation Laws (Amendment) Bill, 2019 to replace an ordinance; The Companies (Second Amendment) Bill, 2019 -- to amend the Companies Act, 2013 to decriminalise certain offences and facilitate ease of doing business; the Chit Funds (Amendment) Bill, 2019 facilitating orderly development of the chit fund industry introduced in Lok Sabha in August 2019.

* The others are The National Commission for Indian System of Medicine Bill, 2019, which repeals the Indian Medicine Central Council Act, 1970, and sets up a National Commission to regulate the education and practice of Indian systems of Medicine. It was introduced on Jan 7, 2019 in Rajya Sabha.

* Also included are the Surrogacy (Regulation) Bill, 2019 prohibiting commercial surrogacy; the Jallianwala Bagh National Memorial (Amendment) Bill, 2019. It removes the president of the Indian National Congress as a trustee and empowers the central government to remove nominated members

Kashmir without Internet for the 103rd day

Kashmir without Internet for the 103rd day: US Congressional Committee voices concern

In a second US Congressional Committee hearing in less than a month, concerns were voiced over the continued lockdown and the Human Rights situation in the Union Territory

NH Web Desk

Published: 15 Nov 2019, 10:30 AM

Engagement:284

An Indian-American Commissioner from the US Commission on International Religious Freedom on Thursday told the Philip Lantos Human Rights Commission that rights of Muslims are being curtailed because of the Centre’s actions in Kashmir.

Arunima Bhargava told the Commission, “ Throughout the country, political and community leaders are promulgating an ideology that suggests that to be Indian is necessarily to be Hindu, and views India’s religious minorities as subordinate or foreign,” she told the hearing. “India’s religious minorities currently stand at a precipice. If the Indian government continues on its current trajectory, their livelihood, rights, and freedoms could be in serious danger.”

On Jammu and Kashmir, Bhargava said “USCIRF [United States Commission on International Religious Freedom] is concerned about reports starting in August that the Indian government restricted freedom of movement and assembly in Jammu and Kashmir, limiting people’s ability to attend prayers and participate in religious ceremonies; forestalling any large gatherings, including for religious purposes; and for certain communities, curtailing access to health care and other basic services.”

She said mobile and internet services were denied to Kashmiris and healthcare was withheld by the Centre. “USCIRF has also seen reports of mosques being closed; imams and Muslim community leaders arrested and detained; and violence and threats towards residents and businesses in particular,” she told the Commission.

Kashmiri columnist and political commentator Sunanda Vashisht however defended the government’s decision to revoke the special status. “The Indian Constitution which is modelled on the US Constitution, is the most liberal document in the world,” she said at the hearing. “The Constitution was not applicable in totality until Article 370 was in force, ” she is quoted as saying.

Vashisht said terrorists trained by Pakistan have been unleashing “ISIS level of horror and brutality” in the Valley much before the West was even introduced to the brutalities of radical Islamic terror. “I am glad these hearings are happening here today because when my family and everyone like me lost our homes our livelihood and our way of life the world remained silent,” Vashisht said.

“All deaths have been happening due to terrorists trained by Pakistan,” she alleged. “This doublespeak is not helping India in any way.”

John Sifton, Asia Advocacy Director at Human Rights Watch, in a written submission told the Commission, “ The Indian government has largely dismissed the international attention, calling the July UN report, for instance, a “false and motivated narrative” that ignored “the core issue of cross-border terrorism.” There are legitimate security concerns about militant groups operating in Jammu and Kashmir, and Pakistan has supported militant groups that have carried out attacks. This, however, does not absolve Indian authorities of holding to account security forces responsible for serious violations of human rights.”

Sifton added, “India has advanced a narrative that its main purpose in revoking Jammu and Kashmir’s autonomous status, a longtime goal of the BJP, was economic development. India’s ambassador to the US wrote in an op-ed in the New York Times that its actions in August were intended to “deliver social and economic justice.” So far, however, we have only seen an intensification of the repression of Kashmir’s population.”

Summing up the debate, an American academic tweeted tongue in cheek:

Indian government: "It is not for other countries to comment on India's internal affairs

Indian PM: Trump loves every American and I will hold a rally on American soil with him

Indian MEA: America's liberal media is terrible and its public ill-informed

Indian Twitter: time for wild conspiracy theories about the Democratic Party, American Muslims, and US domestic politics and nasty abuse of multiple sitting members of Congress

Indian intelligence (allegedly): Please enjoy our online disinformation network aimed at you!