Odisha Government to Introduce Stringent Law to Curb Exam Malpractices
Context:
The Odisha government is set to introduce a stringent legal framework aimed at curbing malpractices in public recruitment exams. Named the Odisha Public Examination (Prevention of Unfair Means) Act, 2024, the proposed legislation seeks to address widespread concerns about irregularities, cheating, and other fraudulent activities in recruitment exams.
Key Offences under the Proposed Law:
The proposed law identifies several key offences to tackle exam malpractices comprehensively:
- Unfair Practices:
- Leaking question papers.
- Using unauthorised solutions during exams.
- Tampering with answer sheets or other documents.
- Security Violations:
- Breaching security measures to facilitate cheating.
- Tampering with computer systems or examination networks.
- Manipulating seating arrangements to favour specific candidates.
- Fraudulent Activities:
- Creating fake websites to scam or extort money from aspirants.
- Conducting exams at unauthorised or insecure premises.
Punishments for Violations:
To ensure stringent deterrence, the law proposes tough penalties for offenders:
- Individual Offenders: They could face imprisonment ranging from 3 to 5 years, along with a fine of up to ₹10 lakh.
- Service Providers: Offending service providers may be fined up to ₹1 crore. They would also be required to recover the costs incurred for conducting the affected exams and face a 4-year ban from organizing further examinations.
Law Enforcement:
The proposed law mandates that investigations into such offences be handled only by officers of the rank of Deputy Superintendent of Police (DSP) or Assistant Commissioner of Police (ACP) and above. This ensures that cases are addressed with the seriousness and expertise required for their sensitive nature.
- Senior Management Offenders: Senior management personnel found guilty could be sentenced to imprisonment for 3 to 10 years and fined ₹1 crore.
- Organized Crime Syndicates: Those operating as organized crime groups could face jail terms ranging from 5 to 10 years, with a minimum fine of ₹1 crore. In addition, institutional penalties such as property forfeiture and recovery of examination costs may be imposed.
Need for the Law:
The necessity for such a law has arisen from:
- Public Concerns:
- Allegations of irregularities and protests related to recruitment exams in the state.
- The use of insecure venues like cybercafés and small centers for conducting exams.
- Past Incidents:
- The Odisha Staff Selection Commission (OSSC) exams faced question paper leaks, leading to widespread exam cancellations.
- Discrepancies in the conduct of online exams further eroded public confidence.
Possible Impacts of the New Law:
The introduction of this law could have several positive outcomes:
- Enhanced Credibility: Public recruitment exams will regain their credibility, attracting more qualified candidates.
- Deterrence Against Malpractices: Harsh penalties will discourage potential offenders from engaging in unfair practices.
- Improved Transparency: Security and technological safeguards will enhance the integrity of the examination process.
Challenges in Implementing the New Law:
Despite its benefits, the proposed law may face certain challenges:
- Resource Constraints: Ensuring secure infrastructure and skilled personnel for monitoring exams might be difficult in remote areas.
- Judicial Delays: Prosecution of offenders in courts could be time-consuming, diluting the deterrent effect.
- Technology Gaps: Rapid advancements in cheating methods may outpace the existing countermeasures.
Central Government Law: PUBLIC EXAMINATIONS (PREVENTION OF UNFAIR MEANS) ACT, 2024:
The Public Examinations (Prevention of Unfair Means) Act, 2024, enacted by the central government, shares similar objectives with Odisha’s proposed law. It aims to prevent malpractice in all public examinations across India.
- Assistance from Central Law: Odisha can leverage the central law’s broader framework to refine its own legislation, especially in terms of enforcement mechanisms, use of technology, and legal definitions of offences.
