EVMs without paper receipt are not trustworthy- Ajay Jagga

Added: (Wed Feb 24 2010)

Pressbox (Press Release) - EVMS and Law of India
EVMs without paper receipt are not trustworthy

The Electronic Voting Machines (EVM) were first adopted by India in 2004 elections to the Parliament with about 375 million electors had cast their ballots using electronic voting machines. In India the EVMs are designed & developed by Bharat Electronics Limited (BEL) and Electronics Corporation of India Limited (ECIL) (both Government owned). Both these systems are similar. These systems are developed according to the specifications of Election Commission of India.
1 Every one has been guaranteed the following rights
the right to a cast a vote;
the right to an equally weighted vote; and
the right to have one’s vote accurately counted

2 As per section 61-A, of the Representation of Peoples Act 1951
EVM = Ballot Box + Ballot Paper
( Inserted by Act 1 of 1989, s. 11 (w.e.f. 15-3-1989).
3 As per section 2 ( r ) of the Information and Technology Act 2000 transaction on EVM ie voting is an electronic form
As per section 2 ( t ) of the Information and Technology Act 2000 the data sent and received is an electronic record and

As per section 7 ( b ) of the Information and Technology Act 2000 the electronic record is to be retained in the format in which it was originally generated, sent or received OR in a format which can be demonstrated to represent accurately the information originally generated, sent or received.

As per section 12 ( 1) ( a ) of the Information and Technology Act 2000, if the originator has not agreed with the addressee that the acknowledgment of receipt of electronic record be given in a particular form or by a particular method, an acknowledgment be given by the acknowledgment of receipt of electronic record be given, to the originator in a particular form or by a particular method, an acknowledgment may be given by any communication by the addressee, automated or otherwise.
4 The law is not limited to this only but it also confirms and clarifies that under the Indian Evidence Act, 1872 now evidence means not only record but electronic record and hence an acknowledgment be given to the elector/voter, in compliance with the laws.
5 In view of the abovementioned provisions of law the voting by way of EVMs, without the e-receipt or paper receipt appears to be not in tune with the Representation of People Act 1951, Conduct of Elections Rules 1961, Information & Technology Act 2000 and the Indian Evidence Act, 1872 and above all the against the democracy. Moreover when a voter votes according to his or her wish on EVM, the result is that he hears a beep and a flash of light but what has happened to data which he has sent, is not known. In similar transactions like ATMs or Credit Cards the paper receipt is the evidence of the electronic transaction.
Hence in my opinion, the EVMs without e-receipt or paper receipt or voter verifiable trail are not fully trust worthy, as per prevalent laws and needs to be given a fresh look in order to make the election process completely transparent. Because a voter after voting, comes across a beep and a flash of light but has happened to the data is now known. So without paper receipts the EVMS are not trustworthy