The Jharkhand Assembly on Thursday, August 3, 2023, passed the Jharkhand Competitive Examination (Measure for Control and Prevention of Unfair Means in Recruitment) Bill, 2023 which mandates a strict provision of life imprisonment and a fine up to ₹10 crore, in cases of cheating in competitive exams.
The Bill was passed on the fifth day of the ongoing Monsoon Session of the State Assembly. The Opposition Bharatiya Janata Party (BJP) created a ruckus in the Assembly when their amendment proposal on the Bill was rejected by the Speaker.
The BJP legislators entered the well and tore the copy of the Bill and walked out of the House. They compared the Bill to the Rowlatt Act and termed it a black law.
The government accepted the suggestions made by CPI (ML) MLA Binod Singh and Congress MLA Pradeep Yadav to reduce the punishment period when examinees are caught cheating.
On the suggestion of the legislators, the government showed leniency on the punishment of examinees who are caught copying. This means that if an examinee is caught copying for the first time, instead of three years, the punishment will be for a year and if caught for a second time, it will be three years instead of seven years.
According to the provision if a person is caught for the first time, there will be a fine of ₹5 lakh, which if not paid will lead to an additional punishment of nine months imprisonment. If caught for a second time, he/she will be fined ₹10 lakh, which if not paid will lead to an additional sentence of thirty months. If found guilty, an examinee will not be allowed to sit in any competitive examination for 10 years.
Speaking in the House, Chief Minister Hemant Soren said, “Our Opposition colleagues are looking seriously at this Bill and calling it a black law. They should take off their dark glasses. The world is watching what kind of laws the NDA brings in the country. We know the Delhi Service Bill and the politics going on over it.”
He further said that the government is bringing vacancies on a large scale and if there is misconduct, action would be taken. “Lakhs of students and people are affected because of one examinee,” Mr. Soren said.
Punishment for institutions
According to the Bill if a printing press, the management system which conducts an examination, the person engaged in transport, or a coaching institute plays the role of a conspirator then the punishment can be from 10 years to life imprisonment. There is also a provision to impose a fine ranging from ₹2 crore to ₹10 crore. Failure to pay the fine will result in additional three years of imprisonment.
Minister Alamgir Alam said, “The 10 years to life imprisonment and fine ranging from ₹2 crore to ₹10 crore does not apply to the examinee. It is only for the printing press, coaching institutes and others.”
BJP MLA Anant Ojha expressed concern as to why the deputy commissioner (DC) and superintendent of police (SP) have not been kept under the ambit of responsibility. All Jharkhand Students Union (AJSU) MLA Lambodar Mahato questioned that when the Jharkhand Examination Conduct Act, 2001 is already applicable in the State, what was the need to enact a separate law.
Several BJP legislators questioned how can an examinee be punished so much if he or she is caught cheating. Concerns were also raised about arresting an examinee without a warrant.
