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EVM - PART 1: The Legal Controversy

The electronic ' vulnerable ' machine is once again in controversy but now the issue is not another allegation of its malfunction
rather a legal controversy as the Supreme Court (SC) has sent notices to the EC seeking the withdrawal of penal provisions in Conduct of Election rules, 1961 ( the rules which threaten voters complaining of EVM malfunction or deviant behavior with a jail term, if the allegations is not borne out).
Currently the Rule 49MA ( section 177 of IPC) , deals with supplying of false information and the responsibility of proof lies with the complainant. Clearly, the threat of punishment cripples the freedom of speech and avoids the petitioner to question the credibility of the system known to protect the election enthusiasm.
For example; in assam, in ongoing elections, a former DC of assam police, refrained from challenging the credibility of the machine where he had cast his vote, even though the VVPAT showed a different outcome from his input. He hesitated because he didn't have faith in full process of verifying the claim, because of course one does not have a witness or any technology to challenge the EVM ( a common man ) , and even if the EVM goes for testing may be it will show matching outcomes with corresponding VVPAT but there might come a point where again the EVM will show malfunction. But before that happens, the petitioner will be behind the bars .
Though the parties across political spectrum have cast serious allegations on the EVM but the problem with the common man lies in questioning the credibility and to walk through a harsh road to prove the claim otherwise thrown behind the bars.
Therefore, I believe the sc's notice to ec will protect the freedom of speech of the voters and ensure free and fair elections .

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