PATNA: The Jharkhand Assembly on August 3, 2023 passed the Jharkhand Competitive Examination (Measure for Control and Prevention of Unfair Means in Recruitment) Bill, 2023. This bill aims to combat cheating in competitive exams by imposing strict penalties on offenders. The bill mandates life imprisonment and a fine of up to Rs.10 crore for those found guilty of cheating in such exams.

During the assembly session, the Opposition Bharatiya Janata Party (BJP) raised objections and proposed an amendment to the bill, which was rejected by the Speaker. This led to a chaotic situation, with BJP legislators creating a ruckus, tearing copies of the bill, and eventually walking out of the assembly. They compared the bill to the controversial Rowlatt Act and labeled it as a black law.

However, the government accepted suggestions from CPI (ML) MLA Binod Singh and Congress MLA Pradeep Yadav to reduce the punishment for examinees caught cheating. As a result, the punishment duration for first-time offenders was reduced to one year from the initially proposed three years. Similarly, for second-time offenders, the punishment was reduced to three years from the proposed seven years.

For examinees caught cheating for the first time, the bill stipulates a fine of Rs.5 lakh, and failure to pay this fine would result in an additional nine months of imprisonment. For repeat offenders, the fine increases to Rs.10 lakh, with an additional punishment of thirty months of imprisonment if the fine is not paid. Moreover, any examinee found guilty will be banned from sitting in any competitive examination for a period of 10 years.

Chief Minister Hemant Soren defended the bill in the assembly, stating that it was necessary to take action against misconduct during competitive exams, as it affects a large number of students and people.

The bill also includes provisions for punishment against institutions involved in facilitating cheating. Printing presses, management systems conducting exams, persons engaged in transportation, or coaching institutes found to be conspirators can face imprisonment ranging from 10 years to life and fines ranging from Rs.2 crore to Rs.10 crore. Failure to pay the fine will result in an additional three years of imprisonment.

However, concerns were raised by some BJP legislators regarding the absence of the deputy commissioner (DC) and superintendent of police (SP) in the ambit of responsibility. Additionally, questions were raised about the necessity of a separate law when the Jharkhand Examination Conduct Act, 2001, was already in place in the state. There were also concerns about the severity of punishment imposed on examinees and the possibility of their arrest without a warrant.
 

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