The Election Commission of India (ECI) has brought a new directive that has created a buzz across the country. It now mandates that all CCTV, photographs, and webcast footage from polling booths be deleted after 45 days of election result declaration—unless a petition is filed.
This move is reportedly aimed at preventing misuse on social media but has opened a fierce debate on voter privacy, transparency, and democratic accountability.
What Is the New EC Rule?
- Retention cut to 45 days: From May 30, all visual election data is to be deleted 45 days after results unless challenged in court.
- Earlier guidelines allowed longer storage: Before this change, footage was retained from 3 months to a year, depending on the election phase.
- Legal exception: If someone files an election petition within 45 days, the footage must be preserved until the case is resolved.
Why Exactly 45 Days? Legal and Practical Reasons
- Legal deadline: The Representation of the People Act allows legal challenges only within 45 days of results. Beyond that, footage isn’t needed legally.
- Protecting privacy: Keeping videos for too long may expose voters to profiling or intimidation based on whether and how they voted.
- Avoiding misuse: Officials reported that selective clips were being spread online, often misrepresenting facts and causing confusion.
The Political Storm: Rahul Gandhi Leads the Charge
Congress leader Rahul Gandhi strongly criticized the decision. He accused the EC of “destroying evidence” and called it an attack on democratic transparency.
“The one from whom answers are needed is destroying the evidence... A fixed election is poison for democracy.”
He has also demanded access to machine-readable voter data and raw CCTV footage, claiming it would aid in ensuring fair elections.
ECI’s Defense: Privacy, Security, Law
- Rule-based action: The EC says its decision is backed by the Conduct of Elections Rules and Supreme Court judgments.
- Voter safety first: Revealing booth-level video can potentially endanger voters through targeted actions.
- Stopping misinformation: The EC says the rule prevents spread of misleading narratives using out-of-context video clips.
Legal and Regulatory Foundations
- Election law protection: The Representation of the People Acts ensure secrecy in voting and establish timelines for disputes.
- Rule 93 update (Dec 2024): Now clarifies that electronic visuals from polling are not for public inspection.
- SC review underway: A petition challenging this rule is under review by the Supreme Court.
Transparency vs. Privacy: The Larger Debate
| Transparency Arguments | Privacy Concerns |
|---|---|
| Helps verify electoral fairness | Risk of voter profiling and intimidation |
| Aids independent oversight | Violates personal voting secrecy |
| Enhances public confidence | Long-term data retention can be weaponized |
Public and Expert Reactions
- Legal voices: Experts argue the 45-day deletion hampers transparency, limiting audits by watchdogs and researchers.
- Activists: Civil society demands that electoral processes remain open to scrutiny to ensure democratic integrity.
- Social media experts: Agree that selective clips can fuel misinformation, but still emphasize the need for third-party verification access.
Global Comparisons: How Do Other Democracies Handle It?
- United Kingdom: CCTV footage is used only internally and released under strict legal conditions.
- United States: Video exists at many polling places but isn’t made public except via legal means.
- India aligns with these: Footage is kept for verification, not for open public consumption.
What Happens Next?
- Supreme Court verdict awaited: The ruling could potentially redefine rules around footage access.
- Political push: Opposition parties are likely to keep raising the issue in upcoming elections.
- Middle-ground reforms: Solutions like anonymized audits or trusted third-party reviews might be introduced.
Why This Matters for You
- Voters: Your ballot remains private, free from tracking or retaliation.
- Political parties: Can still file election challenges using retained data within 45 days.
- Researchers and media: Limited access may reduce ability to expose electoral flaws or advocate reforms.
Conclusion
The Election Commission’s 45-day deletion rule for booth-level visuals reflects an attempt to balance legal timelines with protection of voter identity and safety.
Supporters claim it avoids data misuse and misinformation. Critics—led by political leaders and activists—see it as a threat to electoral transparency and democratic trust.
With the Supreme Court set to rule on this policy and elections approaching in 2026, the outcome could reshape how India handles its most fundamental democratic process: voting.
Report by Toofan Express