The Public Examination (Prevention of Unfair Means) bill which was rolled out on February 19, is expected to drive transparency, fairness and credibility. While the bill has been designed to address the symptoms of unfair means in examinations, it may not adequately tackle the underlying factors contributing to such practices, such as societal pressure, inadequate resources or flaws in the education system. Yet given the vastness of the land and historical issues, it is too early to say what will be the fate of the roll-out of this bill. “In recent years, the alarming rise in incidents of malpractice in public examinations has significantly undermined the integrity and fairness of our education system, adversely affecting the aspirations and efforts of countless students. These incidents have regrettably led to the foreshadowing of the credibility of our examination processes and structures,” Chandrakant Patil, Minister of Higher and Technical Education, Maharashtra government, told FE Education, adding that the absence of substantive legislation to effectively address such unfair means posed a significant challenge.
The new bill imposes a minimum imprisonment of three years, extendable up to five years, and a fine of up to Rs 10 lakh for individuals using unfair means. If a service-providing company is implicated, the penalty increases to three to 10 years. For organised cheating rackets, the minimum sentence is five years, extendable to 10 years, with a fine of up to Rs 1 crore. However, experts opine that despite several state governments already implementing such measures to curb cheating practices in examinations, incidents of paper leaks have continued. Experts further suggest that the new legislation doesn’t complicate cheating rather it simply ensures that those caught face severe consequences. “It is essential to consider the individual circumstances of the culprit, particularly if they are a minor. Sentencing a child to 10 years in jail may not be appropriate and requires careful consideration. Nonetheless, the overall direction of imposing a strict penalty is commendable,” Vinesh Menon, CEO, Human Development and Social Impact Solutions, Ampersand Group, said.
The leak-gate!
According to an investigation by the Indian Express, there have been 41 instances of paper leaks in recruitment exams across 15 states in the last five years. The media report revealed that these leaks derailed the schedules of up to 1.4 crore applicants trying for just about 1.04 lakh posts. Experts suggest that the escalating incidents of cheating and paper leaks in India can be attributed to challenges within the examination system. “Several drawbacks contribute to this concerning trend, including insufficient security measures during the entire examination life cycle—ranging from question paper creation to distribution and storage. Inadequate use of advanced technologies, coupled with the lack of stringent monitoring, provides opportunities for malpractices,” Shobhit Mathur, VC and co-founder, Rishihood University, explained.
Furthermore, experts opine that the occurrence of cheating in India is fundamentally rooted in demand-supply imbalances. “Cheating is prevalent in India due to the intensely competitive nature of government jobs and top college admission tests, where millions apply for a limited number of positions. Another factor is the unemployment crisis in India, where millions are unable to find jobs,” Anubha Singh, vice-chancellor in-charge, Presidency University, Bengaluru, said.
Yay, or Nay!
As per experts, despite several anti-cheating laws being prevalent across various states, the increase in such incidents highlights that the actual problem resides at the level of execution at the time of setting the papers and besides the conduction of exams. Further, experts suggested that more than introducing a new bill there is a need for proper and transparent execution of exams at the ground level. For instance, paper setters or moderators must ensure originality, handle manuscripts securely, and follow instructions meticulously. Additionally, punishments for negligence leading to leaks should be clearly defined and intermediate administrators and printing staff must maintain confidentiality and monitor the process closely. “Printing should ideally be done at examination centres, or if outsourced, the agency should be stationed at the centre. Punishments for mishandling must be clear. At examination centres, distribution must be tightly controlled to prevent leaks. Any mishandling leading to leaks should be punished accordingly,” R G. Karandikar, controller, Examinations, Somaiya Vidyavihar University and professor- EXTC DEPT, KJ Somaiya College of Engineering, explained.
Furthermore, to prevent students’ communities from malpractices during or before the examination process, experts suggest there is a need to create awareness at various school and college levels. “By informing the pupils of the potential consequences and how they can affect their lives, one can stop unjust measures at the college or school level. The establishment of strict policies and their use during tests can aid students in refraining from such behaviour and performing well on them,” Amit Gaurav, controller of Examination, Noida International University, suggested.