Why Hemant Soren wants a tough anti-cheating law

With the state legislative assembly approving the Jharkhand Competitive Examination (Measure for Control and Prevention of Unfair Means in Recruitment) Bill, 2023, the Hemant Soren-led government has moved a step closer to bringing in unprecedented punitive provisions against those who cheat in competitive examinations.

According to the bill, an examinee convicted of cheating in a competitive examination in Jharkhand could face a jail term of up to three years. The punishment for first-time offenders would be one year in jail. The guilty will not be allowed to appear in any competitive examination in the state for the next 10 years.

Apart from serving as an effective deterrent for those with the motivation to unfairly influence competitive examinations in Jharkhand, the government, through the bill, also aims to put in place a fair and functional examination system and ensure that examinations for government jobs are conducted in a time-bound manner.

The bill has rules that are even more stringent for those involved in the process of conducting an examination or printing of question papers. Those convicted of unfairly trying to influence an examination by having “unauthorised access” to question papers, or leaking or solving question papers in an unauthorised manner, or tampering with computers with an intent to solve the question papers will face life imprisonment and a fine of up to Rs 10 crore.

Such tough provisions are expected to act as a deterrent for employees of examination authorities and printing press involved in printing of question papers, the management system that conducts an examination, people engaged in transport of question papers and coaching institutes that unfairly try to influence the examination process.

The Soren government felt the need for a stringent anti-cheating law in the backdrop of several controversies pertaining to competitive examinations conducted in the past. For instance, all seven examinations conducted by the Jharkhand Public Service Commission to select state civil service officers have remained mired in controversy. More than a dozen petitions have reportedly been filed in the Jharkhand High Court pertaining to these examinations for alleged irregularities and corruption.

When the Opposition BJP protested against the bill, Soren argued that since his regime was about to announce government job vacancies on a large scale, a deterrent was required to prevent misconduct. “The bill has been placed to secure the future of Jharkhand’s youth,” he said.

The bill, however, requires governor C.P. Radhakrishnan to grant assent to become a law. A BJP delegation, led by state chief Babulal Marandi, met the governor on August 4. The delegation urged him to review the anti-cheating bill passed by the state assembly the previous day and prevent it from becoming a “black law”.

Though BJP leaders have spoken in favour of malpractice-free examinations, they argue against the bill claiming that the Soren government wants to conduct competitive examinations arbitrarily. Jharkhand’s anti-cheating bill, however, is not the first one to be enacted by a state government. In February, the Gujarat assembly passed the Gujarat Public Examination (Prevention of Unfair Means) Bill, 2023, to curb instances of leak of government examination papers. Earlier, the Uttarakhand government had approved the Uttarakhand Competitive Examination (Measures for Prevention and Prevention of Unfair Means in Recruitment) Ordinance 2023 to ensure transparency and fairness in competitive examination in the state. Rajasthan, Chhattisgarh, Uttar Pradesh, Andhra Pradesh and Odisha too have anti-cheating laws in place.

Using dishonest means, including copying, to clear public competitive examinations or unfairly influencing examinations not only damages the integrity of the examination system but also denies deserving candidates a fair opportunity. However, some of the stringent provisions, including treating examinees as criminals for using unfair means, also raise a question mark over the appositeness of these measures.

There is no denying that those who rig examinations in an organised manner deserve tough punishment, but as state governments move to propose imprisonment of students found copying, it is perhaps also time to spare a thought about alternative approaches, including effective preventive measures and an ethical education system. After all, imprisonment of a candidate can have long-term serious consequences for their career and families in society.

Subscribe to India Today Magazine