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Anti-cheating Laws for Competitive Examinations

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August 01, 2024

Why in news

Recently, the Bihar Assembly has passed Bihar Public Examinations (PE) (Prevention of Unfair Means) Bill, 2024.

Why cheating legislation is needed in India?

  • Cheating – It takes place when an examinee attempts to attain academic credit through dishonest, disrespectful, irresponsible, untrustworthy, or unfair means.
  • Leakage can occur in any of processes of the examination like while setting the question paper or in the exam centre or during evaluation/tabulation.
  • In India – There is increase in instances of cheating in examination and the most frequent issue is paper leaks which occurred not only in various state exams but also in pan-India examinations.

             CheatingInExams

  • Pan-India paper leaks
    • NEET-UG 2024 Exam
    • NTA-UGC 2024 Exam
    • Central Teachers’ Eligibility Test (CTET) 2023
  • According to data analysed by India Today’s Open-Source Intelligence (OSINT) team,
    • 64 major exams across 19 states affected by leaks since 2019
    • Data includes FIRs, arrests, or exam cancellations
    • Uttar Pradesh reported maximum cases; Rajasthan, Maharashtra follow
  • Consequences of cheating – It undermines the principles of meritocracy.
  • It could lead to the recruitment of incompetent individuals in key government positions, which could have detrimental effects on public service delivery, governance, and overall development.
  • It perpetuates inequalities by favoring those who could afford to pay for leaked exam papers or engage in fraudulent activities.
  • It create widespread frustration among the youth who worked relentlessly for the exam.

Attributes of a Good Exam

  • Reliability – It should give the same result for the same type of performance.
  • Validity – It measure what it intends to measure.
  • Objectivity – It eliminates subjectivity in evaluation.
  • Clarity & comprehensiveness – It is clear on the process of examination.

                             GoodExam

What are features of bill?

  • Need - In recent months, the Bihar government has faced increased scrutiny due to a CBI investigation revealing that gangs in the state leaked the NEET-UG 2024 medical entrance exam paper.
  • Bihar has faced multiple paper leaks causing cancellations of government recruitment exams.
  • Bill - The Bihar Public Examinations (PE) (Prevention of Unfair Means) Bill, 2024
  • Aim - To tackle the question paper leaks and other malpractices in government recruitment examinations.
  • Punishments – All offences are set to be cognizable and non-bailable.
    • For individuals found guilty - Imprisonment ranging from 3 to 5 years and a fine of ₹ 10 lakh.
    • For service providers – A penalty of ₹1 crore, a suspension of their services for up to 4 years, and even the seizure of assets in cases of organised crime.
  • Recovering costs – e part of the examination costs will be recovered from offending service providers.
  • Investigation authority – It is to be officers of the rank of Deputy Superintendents of Police (DSP).
  • Significance – It is in line with the central law — the Public Examinations (Prevention of Unfair Means) Act, 2024.

The Public Examinations (Prevention of Unfair Means) Act

  • Launch – It was passed in 2024
  • Aim – To curb unfair practices in public examinations.
  • Coverage – Examinations being conducted for recruitment by all the central government recruitment agencies
    • Union Public Service Commission
    • Staff Selection Commission
    • Railway Recruitment Board
    • National Testing Agency
    • Institute of Banking Personnel Selection
    • Central government departments
  • It covers not only job-selection exams but also major educational entrances like JEE/NEET.
  • Provisions – It defines various offences related to unfair means, such as paper leaks, the use of fake websites, and collusion with service providers.
  • It empowers police officers not below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police to investigate offences under the Act.
  • Penalties and Punishments – It includes a minimum jail term of 3-5 years and a fine up to Rs. 1 crore.
  • It holds service providers engaged for exam conduct liable with fines up to Rs 1 crore and a 4-year ban on their involvement in public exams.

In 2023, States like Rajasthan, Jharkhand, Uttarakhand, and Gujarat have passed an anti-cheating legislations.

What are the challenges?

  • Policy issues – Many state still does not have any laws and existing laws may not adequately cover all forms of cheating.
  • Lack of standardization- There is no uniform legislation across all states, leading to varying standards and enforcement practices.
  • Technological Challenges- The rapid advancement in technology often outpaces existing legislation.
  • This makes it difficult to address new types of cheating, such as sophisticated online cheating methods and cyber fraud.
  • Enforcement issues- Lack of adequate resources and training for law enforcement agencies.
  • Notably, there have been no convictions so far under the existing Acts in various states.
  • Lack of awareness and education- Often students, educators, and exam administrators lack the knowledge about the legal consequences of cheating.

What lies ahead?

  • Make provisions for synching union and state government in anti-cheating measures.
  • Raise public awareness about the ethical and legal ramifications of cheating can help in building a culture of integrity.
  • Review and evaluate the effectiveness of anti-cheating measures regularly.
  • Utilize technology to prevent cheating like AI-based monitoring systems.

References

  1. The Hindu | Bihar Anti-cheating bill
  2. The Indian Express| Challenges with anti-cheating laws
  3. India Today| Paper Leaks in India
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