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CASH FOR VOTES AND EVM HACKING: TRUTH BEHIND ALLEGATIONS

Shreya Maskara by Shreya Maskara
April 14, 2021
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On April 6th, as voting closed for assembly elections in various states in India, including Tamil Nadu, Kerala, Puducherry, West Bengal and Assam, reports of clashes between political parties from almost every part of the country came to light. Parties accused each other of buying votes for cash, liquor, freebies and of orchestrating electoral fraud by tampering with electronic voting machines (EVMs).

Such allegations during any election in India are not new at all and have become a standard feature of every bypoll, assembly and state election in India. Another common form of electoral malpractice in India is the violation of the model code of conduct as prescribed by the Election Commission of India (ECI).

The ECI, a constitutional body under the jurisdiction of the Ministry of Law and Justice, the Government of India is responsible for the conduct of elections at the national level, state level and local level.

The ECI is responsible to ensure that any instances of electoral malpractice and fraud are kept under check as per various laws to ensure that everyone has a level playing field. Let us take a deep dive into these accusations and find out what is the truth behind them.

WHAT IS THE PRICE OF A VOTE IN INDIA? BARTER FOR CASH, LIQUOR, GOLD FOR VOTES

On 5 April, before the single-phase voting was set to begin in Tamil Nadu, residents of a village in Namakkal district held a protest. The reason? The protesters alleged that they had been left out when a political party was distributing cash for votes for polling the next day. Clashes were witnessed on polling day between several political parties in West Bengal, Tamil Nadu, Kerala accusing each other of giving out cash for votes. Undoubtedly, distributing cash and other freebies such as liquor, narcotics for votes has become a commonplace practice in Indian elections.

The distribution of any cash, gifts, liquor or other items is not permitted when the election model code of conduct is in force by the Election Commission of India. It falls under the definition of ‘bribery’ — an offence under Section 171 (B) of IPC — and Representation of the People Act, 1951. However, despite this, as per data provided by the ECI, roughly three times as much cash, liquor, narcotics and other freebies have been seized so far in 2021 as compared to during the assembly elections in 2016 in the same states.

Till April 6th (before the day of polling) the ECI has roughly seized unaccounted cash, liquor, narcotics, precious metals and other freebies worth Rs. 948 crores from all poll-bound states. In 2016, the same figure was at around Rs. 226 crores. Out of all the freebies seized, cash accounted for the highest percentage (Rs. 331.56 crores), followed by precious metals (Rs. 226.82 crores).

In fact, the exchange of cash and freebies for votes is so common that many politicians have talked about the “going rates” for a vote during elections. In a report written in the Scroll during the 2019 Lok Sabha elections, a politician from Arunachal Pradesh remarked, “Last time, I wanted to contest, so I did a recce … the rate was Rs 20,000 to Rs 25,000 per vote, and there are around 17,000 to 18,000 voters, so adding the cost … it came to around Rs 25 crore to Rs 30 crore. I decided not to contest, it was beyond me.”

Studies conducted by various independent research agencies have shown that the trend of “note for vote” has become extremely common in India and has been on the rise irrespective of the socio-economic status of the recipients. In fact, the earliest evidence of bribing voters goes all the way back to the mid-1950s when parties would offer meals to people and then later request them to vote in their favour.

It is also important to keep in mind that the amounts seized by the ECI, are just a drop in the bucket of the actual amounts of money in circulation during elections. While the election commission places limits on election spending of around Rs. 50-70 lakh for Lok Sabha election candidates, and around Rs. 20-28 lakh for each assembly candidate, the actual expenditures far exceed these limits.

While certainly not all of the expenditure of candidates goes into exchanging cash for votes, it is certainly a significant portion of the expenditure.

Even during the 2019 Lok Sabha elections, the ECI reported cumulative seizures of cash and freebies amounting to roughly Rs. 5,000 crores, while the overall estimated expenditure during elections was at around Rs. 55,000 crores (Centre for Media Studies). As per data available, 8,024 candidates participated in the 2019 Lok Sabha elections. Even if we take the upper limit of permitted spending per candidate it adds up to a total expenditure of around Rs. 6,639.22 crores. However, estimates suggest that all candidates themselves spent at least Rs. 24,000 crores in the elections.

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