Odisha Public Examinations (Prevention of Unfair Means) Bill, 2024

Odisha Public Examinations (Prevention of Unfair Means) Bill, 2024

Context
The Odisha government has introduced a new law, the Odisha Public Examinations (Prevention of Unfair Means) Bill, 2024, to combat cheating and other unfair practices in public examinations. This legislation is intended to tackle growing concerns about malpractices, which have serious repercussions for the integrity of the education system in the state.

Key Features of the Bill

1. Purpose of the Law

   • The law aims to deter individuals, organized groups, or institutions from engaging in unfair practices that compromise the fairness of public examinations. This includes any actions that give an unfair advantage to candidates or undermine the examination process.
   • It seeks to address cheating, paper leaks, impersonation, and other forms of corruption during exams, which have often led to widespread systemic issues in the education sector.

2. Current Gaps in Legislation

   • Prior to this bill, Odisha did not have a specific law to prevent cheating or malpractices during public examinations, which has allowed these issues to persist without stringent legal deterrence.

Recent Cases of Examination Malpractices

Examination malpractices have been a recurring issue in India, with several high-profile cases:

• In 2018, the National Crime Records Bureau (NCRB) reported over 2,000 cases of examination malpractices across the country.
• In Bihar, four individuals were arrested for leaking question papers of the National Eligibility Cum Entrance Test (NEET) (Undergraduate).
• In Uttar Pradesh, the Review Officer/Assistant Review Officer exams were cancelled due to a question paper leak.

These incidents demonstrate the widespread nature of the problem, leading to significant financial, psychological, and systemic damage.

Impact of Examination Malpractices

1. Undermines Educational Integrity

   • Widespread cheating erodes the credibility of the entire examination system, casting doubt on the fairness and legitimacy of educational assessments.

2. Devaluation of Qualifications

   • When exams are compromised, the value of qualifications awarded by educational institutions diminishes, which affects students' employability and their future prospects.

3. Loss of Trust

   • Public trust in the education system and its ability to provide a fair and credible assessment process is significantly undermined.

4. Psychological Impact on Students

   • Students who work hard feel demotivated and discouraged when they see others gaining unfair advantages through malpractices.

5. Delays and Cancellations

   • Malpractices often lead to delays and cancellations of examinations, causing long-term disruptions to the academic careers of thousands of students.

6. Additional Financial Burden

   • The government incurs additional costs when it has to reconduct exams due to malpractice-related issues, putting further strain on public resources.

Provisions of the Odisha Public Examination (Prevention of Unfair Means) Bill, 2024

1. Definition of Unfair Means
   The Act provides a broad definition of "unfair means," including:

   • Leaking Question Papers or Answer Keys
   • Assisting Candidates (unauthorized communication, providing solutions during exams)
   • Tampering with Computer Networks or Resources
   • Impersonating Candidates
   • Conducting Fake Examinations or issuing fake documents
   • Tampering with Documents related to merit lists or rankings

2. Penalties and Punishments
   The Bill introduces stringent penalties for various offences:

   • Individuals:

     • Imprisonment ranging from 3 to 10 years, depending on the severity of the offence.
     • Fines up to ₹1 crore for organized crimes.

   • Service Providers (e.g., exam facilitators):

     • Fines up to ₹1 crore for involvement in malpractices.
     • Banning from conducting public examinations for 4 years.
     • Personal liability for directors/management involved in the malpractice.

   • Organized Crimes:

     • Imprisonment from 5 to 10 years and a minimum fine of ₹1 crore.
     • Property attachment and forfeiture of the institution involved in organized crime.

3. Investigation and Legal Process

   • All offences under this Act are cognisable, non-bailable, and non-compoundable, ensuring swift legal action.
   • The investigation will be handled by officers not below the rank of Deputy Superintendent or Assistant Commissioner of Police.
   • The Central Government may transfer the investigation to a Central Investigating Agency if necessary.

Importance of the Bill

• Tackling Systemic Issues: The Bill addresses the root causes of examination malpractices and aims to restore credibility and fairness in the public examination system.
• Protection of Students' Interests: By implementing stricter penalties, the government aims to protect the interests of genuine candidates and ensure a level playing field for all.
• Restoring Public Confidence: By establishing stringent legal provisions, the government hopes to rebuild public trust in the examination process and prevent widespread malpractice in the future.
• Deterrence for Organized Crime: The harsh penalties, including property forfeiture and severe fines, are intended to deter organized criminal networks involved in examination malpractices.

Conclusion

The Odisha Public Examinations (Prevention of Unfair Means) Bill, 2024 marks a significant step in addressing the growing problem of examination malpractices in the state. With its stringent provisions and severe penalties, the law aims to deter both individuals and organized groups from engaging in cheating, paper leaks, and other forms of unfair practices, ultimately protecting the integrity of the public examination system and safeguarding the interests of honest students.