The Indian Constitution grants all Indian citizens who are at least eighteen years old the right to vote. Along with this privilege, citizens also have some obligations. One of these is to keep voting confidential. Section 39 of the 1961 Conduct of Election Rules makes reference to it.

What is the privacy law with voting?

Secrecy of voting by voters within polling places is required per Section 39 of the Conduct of Election Rules, 1961. Every elector to whom a ballot paper has been supplied under Rule 38 or under other regulations is required by Section 39(1) to keep his vote secret while in the polling place.

As per the Election Commission's announcement, "It is expected of every voter to vote in secret. Someone may not be allowed to vote if they break this. Such an individual would be charged with an offense under Section 128 of the Indian Penal Code (IPC), according to the Election Commission.

Is it possible for poll workers to exchange vote data?

Voting confidentiality is likewise protected under Section 128 of the RP Act, 1950. The RP Act states in Section 128(1) that "every officer, clerk, agent, or other person appointed in connection with the recording or counting of votes at an election shall maintain the secrecy of the vote." A person who disobeys the regulation may face penalties under Section 128 (2). If someone violates the election's confidentiality, they risk a fine, three months in jail, or both. Furthermore, at an election to fill a seat or seats in the Council of States, an officer, clerk, agent, or other person carrying out any such task is exempt from the restrictions of this subsection.

What did the Supreme Court said?

In 2021, the Supreme Court ruled in a judgment that privacy is an essential component of freedom of speech. A division bench of Justices D Y Chandrachud and M R Shah stated, "Secrecy is essential during elections to the Lok Sabha or state legislature and democracies around the world are emphasized to ensure that voters cast their vote without fear or harassment."

If my name is not on the voter list, may I still cast a ballot?

Voting in elections in India is permitted for Indian nationals who are at least eighteen years old. However, it's also critical that the voter's name appear on the voter list. Even at the age of eighteen, a voter cannot cast a ballot if his name is not on this list. Form 6 must be completed in order to add a name to the voter list. Fill out Form 6 and turn it in to your constituency's electoral registration officer if this is your first time registering to vote.