Whispers Forum

I am amused by Harish Kumar's remarks on EVM VVPAT. Why do you (Mr Harish Kumar,) not go to the Election Commission of India and accept the challenge to hack the EVMs being used for elections in India. That challenge is valid till today. We are waiting patiently for someone to prove the Election Commission wrong. Nobody has accepted the open challenge for many years now. In the meantime, many democracies have approached our EC for their assistance to bring their voting systems into the 21st century as we have done for many years now.
Devindra Sethi

I beg to disagree with views expressed by Devinder Sethi regarding impossibility of manipulating EVM meant or used for Indian elections. If the EVM is pre-programmed by the company in favour of ruling dispensation at the time of manufacture itself. I agree EVM is not connected with the internet but still there is still a possibility of hacking through the internet through advanced security software or cloud computing etc. There are many software in operation, even various intelligence agencies both at Centre and state use them very often. 24 to 26 lakh EVMs of 2014 and 2019 elections are still missing and PIL in SC is still in cold storage. One more question he very kindly raised is that when Election Commission invited political parties on demonstration that EVM hacking mock drill, no one turned up, the answer is simple, all political parties on the basics of this manipulation, they did not turn up as they know finally it suits them too to come into power at right opportunity. In any case, democracy in true spirits is a myth as 135 crores never vote or there is no 100% voting courtesy illiteracy of India.
Harish Kumar

I read inputs on EVMs being hacked in WIC regularly. Here is the open challenge given by the Election Commission of India to prove the same in their presence. All failed. Why? EVM VVPAT are not connected to the internet or anything externally or wireless systems. No access is possible. EC reports nil people came forward to accept EC challenge. After Opposition parties win elections in Punjab/ Rajasthan/ or anywhere else doubts disappear! Why? Bogus vested interests? I think this EC input should be widely published by WIC.
Devindra Sethi

A few days back I had sent a post to WIC about the public losing their faith in the Election Commission of India EVMs are suspect in the eyes of opposition parties there is a feeling that the fairness of election process is in doubt because of absence of neutrality of those who supervise and conduct the entire process. Even the dates are fixed to help or harm. I had mentioned T N Seshan who was not only neutral but tough with all even those in power. The post did not find its place in WIC. I understand that. I expected as much but I was happy when my perception as a citizen of India and concern for democracy found an echo in the Judges of the constitutional bench of the Supreme Court which is looking into a petition on the appointments of the Election Commissioners and when Justice Joseph referred to Mr Seshan 'once in a while 'Chief Election Commissioner'.
Aarti Khosla

It is very common to see that the Public Information Officers of the centre and state are not aware of the provisions of the RTI Act. The basic reason is that they are not trained at all or are not trained properly. The net result is the poor orders passed by them. As the Appellate Authority is aware that no action can be taken against them, they merrily break the law and the Information Commission looks at it helplessly, occasionally giving it a mute support by not passing strictures or imposing penalty. The fact is that many Information Commissioners are themselves poorly equipped to deal with appeals and complaints. It is no surprise that a sunshine act like RTI Act is on the decline. There is hope from some quarters like you who continue to highlight the various benefits of RTI Act and continue with the crusade. My best wishes to you for your efforts. Only an effective RTI Act can bring out real change in India.
Shaukat Ali Khan
Scrap the colonial legacy
Yes, I agree with the article of Saxena Sahab on ‘Scrap the colonial legacy’ published in WIC. Time has come to remove this slavery going on for many years.
H S Chauhan

WIC should publish this request by the Government of India so that maximum inputs are received.
Devindra Sethi
‘Scrap the colonial legacy’
Madras High Court while censuring CRPF for following colonial ‘orderly duty’ practice in force and directed the Centre to take immediate steps to stop it. The news item was widely reported on November 19 ,2022 in the mainstream media. Slamming CRPF, the High Court in its hard-hitting judgment, has ordered punishment for all seniors and recover the salaries of orderlies from the seniors who enjoyed their services, gratis. Incidentally, Tamil Nadu police is reportedly free of orderly culture. A landmark judgment of Madras High Court will get the support of all and sundry. It is common knowledge that the orderlies perform all household and menial jobs in police forces. The practice prevails in all Central Armed Police Forces causing massive drain on public exchequer. Why blame CRPF. We have all seen the tents being pitched outside the bungalows of para-military officers to accommodate hoards of guards, cooks, drivers, security staff and general factotums. The ubiquitous colonial practice of engaging personal orderlies, is not only demeaning but also avoidable. This is, however, justified for officers posted in forward areas, but not at the headquarters. The Sahayaks (Orderlies) are combatant soldiers serving in units or HQ functioning on war establishments. Officers get orderlies, free of cost, to carry out domestic work 24 hours a day and 365 days a year. Recall an instance when a low-ranking soldier of the army complained about his routine task of polishing the shoes of his superior officer. The vicious practice, one is sure, should be demoralizing the sahayaks especially in India, which has been highly stratified by caste-ridden hierarchies. A person decides to leave his village and join the army to better his social standing among his peers and not for boot-polishing and performing household chores. Indian Navy and Air Force, as per common knowledge, do not have the system of Orderlies. There are no Sahayaks in these two wings. Only the army is continuing with the British legacy. The facility could be confined to senior Army officers of the level of Brigadiers and above. Why blame the army? The IAS, IPS also keep the sahayaks (constables, head constables and even inspectors) at their residences. Officers of other organised services like the Indian Forest Service do not lag behind. Last, but not the least , the political class are shamelessly enjoying the services of formal and informal civilian staff and officers, free of cost, who are always at their command. They are bonded labour.
A K Saxena (A former civil servant)

The appellant had a grievance regarding non-allotment of his alternate entitled land area for construction of a shop in lieu of the land acquired by the Damodar Valley Corporation which caused him financial stress. He sought an action taken report on his application along with a note sheet of daily progress on his complaint which was denied under sections 8(1)(g) & 8(1)(h) of the RTI Act. The CIC ruled that blanket denial of information was not appropriate. The PIO was directed to provide a revised reply indicating the categorical action taken on the averred complaint along with the relevant available information after procuring the same from the actual record holder after applying severability in consonance with Section 10 of RTI Act. Regarding allocation of land area for his shop, the CIC held that it is purely a matter of grievance which is not amenable under the RTI Act.
Comments
The Right to Information Act provides the mechanism for procuring information which can be used for the redressal of any grievance. It is not, by itself, a forum for grievance redressal.
Citation: Amal Mandal v. Damodar Valley Corporation, File No: CIC/DVCOR/A/2022/120453, Date of Decision: 03.11.2022
Dr Anuradha Verma (dranuradhaverma@yahoo.co.in) is a RTI Consultant currently working with IIM Visakhapatnam. She has co-authored the books, RTI Right to Information - Law and Practice and PIO’s Guide to RTI. She offers consultancy on RTI matters and Third party audit. Her other articles can be read at the website of RTI Foundation of India at the link www.rtifoundationofindia.com

Sir Alladi Krishnaswamy Iyer said: “The doctrine of independence is not to be raised to the level of a dogma so as to enable the judiciary to function as a kind of super-legislature or super-executive”. The judge is addressed as “Learned/Ld Justice…”. The language of the judiciary under Art 348 is “English”. English was in use for all purposes before 1947 stated in Art 343. Calling the decision of the Executive “hanky-panky” shows disrespect to the Prime Minister and the President who have taken/approved the decision. Judges are not above these two constitutional authorities. In the Warrant of Precedent they follow, not lead, the President/Prime Minister. This is not English u/Art 348 but Inglish, derogatorily called Hinglish/Tinglish/Binglish etc. Much of the pending cases in the courts are due to freedom taken with the English language, especially the text of judicial pronouncements, which are expected to be the best compositions from the learned to inspire students of law but make no sense many a time. Can justice be expected from judges smelling hanky-panky? Will the judiciary be cautious hereafter?
M L Gupta

A Supreme Court Bench led by Justice KM Joseph while hearing a case related to appointment of Election Commissioners remarked "This is how the silence of the Constitution can be exploited. There is no law, no check. Everyone has used it to their interest. Pick up someone and give him a highly truncated tenure. He is obligated; does your bidding. We are not saying so but it looks like that." Very well said, your honour. Don't you think your remarks are equally applicable to the collegiums system of selection of judges? A case of pot calling the kettle black? Today the bench asked the Government to submit the file pertaining to the latest appointment of Election Commissioner to check that everything is honky dory. Will the justices be prepared to submit to the government files concerning the appointment of judges.
Raghavan