By Ummar Jamal
The Union Government has announced that the Public Examinations (Prevention of Unfair Means) Act, 2024, will be implemented starting June 21. Although the Act was passed by Parliament on February 9, 2024, and received presidential assent on February 12, 2024, it had not yet been enforced because the Government had not issued a notification. This changed yesterday when the Ministry of Personnel, Public Grievances and Pensions released a statement: “In exercise of the powers conferred by sub-section (2) of Section 1 of the Public Examinations (Prevention of Unfair Means) Act, 2024 (1 of 2024), the Central Government hereby appoints the 21st day of June, 2024, as the date on which the provisions of the said Act shall come into force.”
This notification comes amidst widespread issues with paper leaks, including those in the NEET-UG 2024 exam. The recent UGC-NET exam was also canceled due to similar problems. However, the Act will not apply retroactively to incidents that occurred before June 21.
Paper leaks have became a norm in India for some time now. An investigation by the Indian Express revealed that there have been 41 paper leaks in India over the past five years, affecting approximately 14 million job seekers. These repeated breaches compromise the integrity of exams and the fairness of the selection process.
Key provisions of the Act
The Public Examinations (Prevention of Unfair Means) Act, 2024, aims to bring greater transparency, fairness, and credibility to public examinations. It prohibits the disclosure of exam-related confidential information before time and unauthorized individuals from entering exam centers to create disruptions. The Act targets cheating in public exams conducted by entities such as the UPSC, SSC, railways, banking recruitment exams, and the NTA.
The Act defines “unfair means” to include: (i) unauthorized access to or leakage of examination materials, (ii) providing unauthorized assistance to candidates, (iii) tampering with computer networks or resources, (iv) altering documents used for shortlisting or ranking candidates, and (v) conducting fraudulent exams and issuing fake admit cards or offer letters for financial gain. Individuals found guilty of using unfair means under this Act face imprisonment from three to five years and fines up to ₹10 lakh.
A “service provider” is defined by the Act as any agency, organization, body, association, business entity, company, partnership, or sole proprietorship, including its associates and sub-contractors, engaged by the public examination authority to conduct public examinations. If an examination authority or service provider commits an organized crime, the jail term will be a minimum of five years, with a maximum of ten, and the fine will remain ₹1 crore. The Act mentions the Bharatiya Nyaya Sanhita, specifying that the provisions of the Indian Penal Code will remain in effect until its implementation.
This is the first legislation specifically designed to address the issue of paper leaks. The stringent measures outlined in the Public Examinations (Prevention of Unfair Means) Act, 2024, classify these violations as cognizable, non-bailable, and non-compoundable offences.
Some concerns
Legal experts have acknowledged the critical need for this legislation, commending it as the first in India to address organized crime networks behind paper leaks and to hold government bodies like the NTA accountable. However, they have pointed out several shortcomings. One significant issue is that the Act does not cover state exams. This leaves it up to individual states to create their own laws to address these problems. Although the government’s new law aims to curb paper leaks, dismantle organized cheating, and hold the National Testing Agency (NTA) accountable, it primarily focuses on centralized exams, overlooking malpractices in other types of examinations.
While the Act is intended to serve as a model for states, it’s important to recognize that each state has unique job requirements and may not be able to adopt identical model drafts. If a state chooses not to enact a similar law, any incidents of paper leaks will have to be addressed through the standard process of inquiry and investigation under general law. This poses a significant challenge to implementing the law effectively at the grassroots level.
Additionally, there are some other loopholes also, such as the absence of fixed timelines for agencies like the Central Bureau of Investigation to probe malpractices, and the lack of interim measures during investigations. They also noted that students are exempt from accountability under this law, meaning that even if a student is found engaged in irregularities, they would not be punished under this legislation.
Legislation alone is not enough
The Public Examinations (Prevention of Unfair Means) Act, 2024, is a significant step towards combating the malpractices plaguing our examination system. However, legislation alone is not enough. Strict implementation of the Act is crucial to ensure that its objectives are met. The concerns raised by experts regarding its limitations must be addressed to make it more comprehensive and effective.
The Act’s introduction offers a glimmer of hope for a fairer examination system in India, but it must be part of a broader strategy that includes technological advancements, increased surveillance, and robust administrative procedures. For instance, integrating advanced technology such as blockchain for secure and tamper-proof storage of exam papers and results could significantly reduce the risk of leaks. Additionally, employing AI-driven surveillance during exams could help identify and prevent cheating in real-time.
Furthermore, there needs to be a cultural shift in how exams are perceived. The pressure to succeed in exams often drives students and other stakeholders to resort to unfair means. Promoting a culture of integrity and ethical behaviour, starting from school education, can help address the root causes of cheating and malpractices.
Collaboration between central and state governments is essential to create a uniform framework that addresses the unique challenges faced by different regions. States must be encouraged and supported to enact similar laws to ensure that the fight against exam malpractices is comprehensive and effective across the country.
In addition to legal and technological measures, there should be a focus on capacity building among exam conducting bodies and agencies. Regular training and upskilling of personnel involved in the examination process can help them stay updated with the latest trends and techniques in exam security and management.
There must be a robust mechanism for monitoring and evaluating the implementation of the Act. Regular audits, feedback from stakeholders, and independent evaluations can help identify gaps and areas for improvement, ensuring that the Act remains effective and relevant over time.
Conclusion
In conclusion, while the Public Examinations (Prevention of Unfair Means) Act, 2024, is a commendable initiative, its success will depend on how well it is implemented and supplemented by other measures. By addressing the concerns and suggestions raised by experts, leveraging technology, fostering a culture of integrity, and ensuring collaboration between central and state governments, India can move towards a more transparent, fair, and credible public examination system.
Views expressed in the article are the author’s own and do not necessarily represent the editorial stance of Kashmir Observer
- The author is a Kashmir based columnist. He tweets at ummar_jamal and can be reached at [email protected]
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