The Bill says that an examinee, who is caught cheating or making another examinee cheat, could be sentenced for a period of up to three years in jail as well as be charged with a fine. For second-time offenders, the jail term could go up to seven years.
Most notably, the Bill proposes imprisonment of up to life, and a fine of up to Rs 10 crore for wrongdoers involved in the examination process — such as those involved in printing question papers and employees of examination authorities.
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Purpose of the Bill
Chief Hemant Soren said that there have been “recent” incidents of question paper leaks which have “badly affected the society and the consciousness of students” preparing for competitive exams for recruitment.
“There is a need to make legal provisions to impose stricter penalties to prevent these incidents.,” the chief minister said.
“Therefore, in the competitive examinations for the purpose of recruitment to any post in the departments, offices, autonomous bodies, authorities, bodies, corporations and institutions operated under the State Government; [in a bid to stop] the use of unfair means to obstruct the sanctity of the examination; an Act [is needed] to provide for prevention and control of crimes like use, disclosure of question papers and irregularities committed during or after the examination or constitution of special courts for trial of such crimes and for matters connected therewith or for incidental matters.,” he added.
Powers the Bill gives for search, seizure and arrests
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Regarding search and seizure, the Bill states, if the Deputy Commissioner has reasons to believe – which will be recorded in writing – that any person is involved in the unfair means, as defined under the Bill, or is possession of proceeds of crime, or any records, or property, then the DC may appoint an officer to search any place, box, locker, safe etc. Any record or property as a result of search shall be seized.
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On the powers relating arrest, the Jharkhand’s Bill says, if the police officer authorised under the Act has the material in possession, and there is a reason to believe that any person is guilty of offence, then the person will be arrested with an explanation on the grounds on which the person has been arrested.
The same provisions will apply vis-a-vis the attachment of property.
Other states to have passed similar laws
Uttarakhand brought in a similar law through an ordinance in February this year, and Rajasthan brought in such a law last year in March. The provisions in the Jharkhand law are similar, barring on the issue of punishment.
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In case of Jharkhand, the jail time for the second-time offender examinees is seven years, while in Uttarakhand it is 10 years and in case of Rajasthan there seems to be no clarity.
Reactions and criticisms
Jharkhand BJP President and former Chief Minister Babulal Marandi called it the “black law for the state”.
On Friday, Marandi and other BJP leaders met the Governor and specifically mentioned two provisions of the Bill – Clause 11(2) and 23(1) – as problematic.
Clause 11(2), of the Bill states: “In connection with the question paper and answer sheets related to the examinations, giving false and misleading information and disseminating and publishing complaints, then the institution and the person will be considered guilty of the crime and should be prosecuted.”
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The BJP claims that this would allow the state government to register FIRs without any preliminary inquiry against anyone raising questions regarding question papers, answer sheets of related examinations.
Clause 23(1) of the Bill, on the other hand, states that no approval is required, in relation to the Act (when the Bill is notified) for arrests. The Bill says that preliminary inquiry shall be required for registering an FIR against any person and no approval shall be required of the Investigating Officer prior to the arrest of any person against whom any proceedings have been initiated.
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Marandi said: “ […] the provisions of this Bill are more powerful than laws like Prevention of Sedition, POCSO, SC ST Atrocity Acts … a 10-year ban on candidates … registering FIRs without preliminary investigation, and arrest without investigation. There is a strict provision to enter and search buildings … this is a black law brought to send students to jail, to suppress the voice of the public and to sell jobs by corrupt officials.”
Amar Bauri, a BJP legislator from the state said, “There is hardly any issue of paper leak in Jharkhand. Here irregularities are done by examination conducting bodies but the provisions in the law provide them patronage. Student organisations and media will get scared to raise irregularities as they may be put behind bars. The provisions are too harsh.”
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The opposition, led by the BJP, protested the Bill by gathering into the well of the House, tearing the Bills copies, and staging a walkout.
