The opposition has proposed that the convicts of the paper leak shall be tried under UAPA, as the students are the future of the country and jeopardizing their future is a crime against the integrity and sovereignty of India.
In a significant move to address the growing issue of paper leaks in public examinations, the central government has notified the Public Examinations (Prevention of Unfair Means) Act, 2024. The law, which was passed by the Parliament in February this year, categorises the offense as an organised crime and proposes stringent punishments to deter such activities.
Punishments for Unfair Means
The law proposes a punishment of a minimum of three to five years, and a maximum of 10 years of imprisonment, along with a minimum fine of Rs 1 crore for those found guilty of engaging in unfair means. The Act also empowers agencies to attach and forfeit the properties of institutions involved in organised paper leak crimes, and the proportionate cost of the examination shall also be recovered from them.
Protecting Candidates
The law protects the candidates appearing in the examination from the punitive provisions, and they will be governed under the provisions of the existing unfair means policy of the examination conducting authority.
Definition of Unfair Means
The law defines 'unfair means' as leaking question papers or answer keys, assisting candidates during exams through unauthorised communication or providing solutions, tampering with computer networks or resources, impersonating candidates, conducting fake examinations or issuing fake documents, and tampering with documents for merit lists or ranks.
Scope of the Act
The Act covers examinations held by the Union Public Service Commission (UPSC), the Staff Selection Commission, the Railways, banking recruitment examinations, and all computer-based examinations conducted by the National Testing Agency (NTA). The offences that come under the law are non-bailable, and any officer not below the rank of Deputy Superintendent of Police or Assistant Commissioner of Police can investigate any offence under the Act.
Addressing a Growing Concern
Over the last five years alone, paper leaks have resulted in 41 recruitment exams across 15 states being cancelled, including the central and state level exams, hampering the employment hopes of 1.5 crore applicants, The Indian Express reported in February. The new law aims to effectively deter such activities and restore the credibility of the public examination system.
Opposition’s Take On The Law
A more stringent anti paper leak law was the part of Congress’ manifesto for the Lok Sabha Elections, and was one of their key promises. Recently, the opposition has also proposed that the convicts of the paper leak shall be tried under UAPA, as the students are the future of the country and putting their career at stake is a crime against the integrity and sovereignty of India. The Unlawful Activities (Prevention) Act is an Indian law aimed at prevention of unlawful activities associations in India. Its main objective was to make powers available for dealing with activities directed against the integrity and sovereignty of India.
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