In order to prevent paper leaks in government employment examinations, the Gujarat Legislative Assembly unanimously passed a bill mandating up to 10 years in prison for exam misconduct. According to the rules of the proposed legislation, the offender would also be required to pay a fine between Rs 10 lakh and Rs 1 crore.
The Gujarat Public Examination (Prevention of Unfair Techniques) Bill, 2023, submitted by Minister of State Home Harsh Sanghavi, was passed on February 23 with the support of Congress and Aam Aadmi Party opposition members (AAP).
The measure seeks to prohibit “unfair means,” which include leaking or attempting to leak a question paper, illegally obtaining a question paper, and illegally answering a question paper.
Examinee assistance in exchange for monetary compensation is another form of unfair means.
Every examinee (candidate taking an exam) who utilises unfair tactics would face a minimum punishment of Rs. 1 lakh and a maximum prison sentence of three years.
Any anyone who obstructs or threatens a member of the inspection team or a person selected by the examination authority to perform their duties is subject to up to three years in prison and a minimum fine of Rs 1 lakh.
Any person, including an examinee, who engages in unfair practices or breaches any provision of the Act faces a minimum of five years and a maximum of ten years in prison.
In addition, the accused “will also be subject to a punishment of not less than Rs 10 lakh and not more than Rs 1 crore.”
If the offense meets the criteria for “organised crime,” it will be classified as more severe.
The law states, “Any individual engaged in an organised crime in conspiracy with the examination authority who uses unfair means shall be penalised with a minimum of seven years and a maximum of ten years in prison and a fine of Rs 1 crore.”
A court may also order the attachment of the assets of parties convicted of “organised crime.”
A person convicted under this statute is forbidden from taking any public exams for two years.
A firm or institution “will be obliged to pay all fees and expenditures linked to the public examination and shall be permanently prohibited” if a person associated with the institution is convicted of violating this law.
Any violation of the Act must be investigated by a police official with at least the rank of a police inspector and preferably the rank of deputy superintendent of police.
The bill was introduced days after it was discovered that the panchayat junior clerk examination question paper had been leaked. The postponement of this exam occurred on January 29.
During the discussion, Amit Chavda, the head of the Congress Legislative Party, claimed that question papers from 13 recruitment examinations in the state have been leaked since 2014.
“In order to set an example and instill terror in perpetrators, this Act should be enforced retroactively to 2014,” he stated.
In addition, he suggested that the Gujarati Government prepare exam papers using its printing presses rather than outsourcing the process.
According to Chaitar Vasava, leader of the AAP, the State Government must prevent the major conspirators from fleeing.
Umesh Makwana, a different AAP lawmaker, requested that every case filed under this Act be investigated by an IPS officer and heard by a fast-track court.
Moreover, he supported Congress’s demand that exam questions be published through a government-owned press. In addition, he suggested that the Gujarati Government prepare exam papers using its own printing presses rather than outsourcing the process.
According to Chaitar Vasava, leader of the AAP, the state government must prevent the major conspirators from fleeing.
Umesh Makwana, a different AAP lawmaker, requested that every case filed under this Act be investigated by an IPS officer and heard by a fast-track court.
Moreover, he supported Congress’s demand that exam questions be published through a government-owned press.
While the bill’s “Objects and Reasons” say that it addresses paper leaks of “recruitment examinations,” senior Congressman Arjun Modhwadia pointed out that the bill also covers school board exams and university exams, suggesting that high school and college students could be jailed under this Act.
Minister Sanghavi clarified that only officials or those who facilitate unfair activities will be included by the measure, and not students taking school board or university examinations.
“The Indian Criminal Code (IPC) was insufficient to punish the perpetrators, hence it was imperative that a more stringent bill be introduced. We drafted this measure after reviewing similar proposals from other states, such as Uttar Pradesh “he noted.
He rejected the Opposition’s requests for retroactive implementation and the printing of exam papers on state-owned presses on a number of technical grounds.
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