In the sprawling landscape of India’s education system, an epidemic is taking root: the leaking of exam papers. “Months of preparation, years of investments, burning of finances and for some a wait of lifetime” that’s what is at stakes in India. India has been rocked by a series of scandalous paper leaks (70 paper leaks in last 7 years that has affected an estimated 17 million aspirants) , the latest being the NEET-UG 2024 fiasco, a common examination for entrance to highly competitive medical courses, that left thousands of aspirants in dismay. 

This breach in the sanctity of the examination process, coupled with the abrupt cancellation of the NET exam, a examination that is a ticket for individual to become eligible to teach in colleges, varsities, or educational institutions, as a professor or an academician, and which has spurred a nationwide outcry.

As students toil through sleepless nights and rigorous preparation, the revelation of leaked exam papers not only shatters the integrity of the process but also undermines the very essence of meritocracy. This phenomenon, which has recently surfaced with alarming frequency, casts a long shadow over the aspirations of millions, fuelling a growing crisis of confidence in Indian education system. What lies at the heart of this pervasive issue, and how can a nation devoted to educational excellence combat such deep-rooted corruption? In response, the government has enacted The Public Examinations (Prevention of Unfair Means) Act, 2024 (hereinafter “the Act”) aimed at curbing such malpractices, promising severe repercussions for those who are responsible behind the failure of system. 

Decoding the Act 

In India, unfortunately it’s a piece of paper that at times may decide the future - or atleast give the launchpad for a future - to students via entrance examinations. However, in the wake of recent events the integrity of examinations has been frequently compromised by paper leaks. To tackle the same, the government has implemented the first of its kind legislation for curbing the growing paper leak scams. The Act is a historic step that was enacted in response to increasing incidents of examination paper leaks that have plagued various state and national level examinations.   The Act is divided into VI chapters envisaging 19 Sections to comprehensively address diverse issues and to prevent paper leaks or other unfair means in examinations.

Under Section 3 the Act defines "unfair means" comprehensively  by elucidating 15 instances, including any actions that compromise the integrity of the examination process, such as unauthorized access to examination papers, cheating, and facilitation of such acts. The Act applies to all public examinations conducted by educational boards and other public authorities.

All offenses under the Act has been classified as cognizable, non-bailable and non-compoundable as per Section 9. The Act classifies offences into various categories based on severity, ranging from minor breaches to organized malpractices. Penalties include fines, imprisonment, and disqualification from future examinations. For example, individuals found guilty of leaking examination papers may face imprisonment for up to seven years and a fine.

The Act establishes a enforcement framework, including the appointment of vigilance officers and the formation of special investigation teams. It mandates educational institutions to implement strict security protocols and regularly audit their examination processes. For the investigation under Section 12 of the Act specifically provides that investigation should be done by the officers not below the rank of DSP or ACP.

From a legal standpoint, the Act introduces several innovations, including the classification of examination malpractice as a serious criminal offense. This reclassification reflects the gravity of the issue and the government's zero-tolerance policy towards corruption in the education sector. Additionally, the establishment of dedicated enforcement bodies under the Act ensures focused and effective implementation of its provisions.

Despite its comprehensive framework, the Act may face challenges in implementation. These include potential resistance from vested interests, logistical issues in securing examination materials, and ensuring coordination among various enforcement agencies. Moreover, the judicial system will need to handle an anticipated increase in litigation related to examination offenses, necessitating specialized training for judges and legal practitioners.

The Act, while a well-intentioned legislative effort to curb the rampant issue of exam paper leaks in India, reveals certain shortcomings in its provisions. Despite its comprehensive framework, the Act may face challenges in implementation. These include potential resistance from vested interests, logistical issues in securing examination materials, and ensuring coordination among various enforcement agencies. Moreover, the judicial system will need to handle an anticipated increase in litigation related to examination offenses, necessitating specialized training for judges and legal practitioners.

Does not address root causes

Moreover, the Act places a disproportionate focus on punitive measures, emphasizing penalties such as fines and imprisonment for offenders. For instance, if the fine imposed on a service provider is not commensurate with the financial gains they derive from unfair means, it may not serve as a sufficient deterrent. While deterrence is crucial, the absence of robust preventive strategies is glaring. The idea should be terminating the root cause of paper leaks. The Act does not sufficiently address the root causes of paper leaks, such as systemic corruption and the involvement of organized networks. Without tackling these underlying issues, the Act risks becoming a reactive tool rather than a proactive solution.

Another critical oversight is the inadequate protection for whistleblowers. Given the high stakes and potential retaliation, the lack of comprehensive safeguards for those who expose exam malpractices discourages reporting and perpetuates a culture of silence and complicity. Effective whistleblower protection mechanisms are essential to uncover and address malpractices from within the system.

Additionally, the Act's enforcement framework relies heavily on existing administrative bodies without providing them with additional resources or training. The already overburdened educational and law enforcement agencies are expected to implement these new regulations effectively, which is unrealistic without significant capacity building. This gap in implementation capacity renders the Act less effective and diminishes its potential impact. Pertinently, it has been claimed that NET paper has been lacked on dark web, this highlights that it is vital that there is a need for incorporation of technology for combating the epidemic of paper leak. However, the instant legislation failed to incorporate the technological facets, it may be a possibility that government shall incorporate such aspect in rules formulated under Section 17 of this Act. 

Recommendations to address lacunae

There are certain recommendatory aspects that I would like to propose for furthering addressing existing lacunae. 

Act lacks in framework for rescheduling of exams:

A critical gap in the current legislative measures is the absence of a robust framework for rescheduling exams after a leak. To address this, a standardized protocol should be established, stipulating clear timelines and procedures for notifying students, parents, and educational institutions about the new schedule. This framework should include:

Immediate suspension of the compromised examination.

Announcement of rescheduled dates within a predetermined time frame.

Provisions for minimizing the impact on subsequent exams to ensure that the academic calendar remains intact.

 Invigilators and officials are unaware of procedure:

One of the major issues identified is the lack of awareness among invigilators and officials regarding the proper procedures to prevent and address exam leaks. To mitigate this, comprehensive training programs should be implemented, focusing on:

Identification and prevention of potential leak scenarios.

Standard operating procedures (SOPs) for handling suspicious activities.

Regular updates and workshops on the latest security protocols and technologies.

Establishment of a Specialized Investigation Agency

The Act fails to create any specialized investigation agency, there is no specific agency tasked with investigating exam paper leaks, leading to fragmented and often ineffective responses. A dedicated agency should be established with the authority to:

Conduct in-depth investigations into incidents of exam malpractice.

Collaborate with law enforcement agencies to track and prosecute offenders.

Develop a database of incidents to identify patterns and prevent future occurrences.

Utilization of Modern Technology and AI

Incorporating modern technology and artificial intelligence can significantly enhance the security and integrity of examinations. Recommendations include:

Using advanced technology to secure exam papers from creation to distribution.

Implementing AI-driven surveillance systems to monitor examination centers and detect irregularities in real-time.

Developing algorithms to analyse patterns in answer sheets and identify potential instances of cheating or paper leaks

A significant milestone

In all and all, the Act is a significant milestone to tackle the problem of exam paper leaks and other unfair practices, its continuous evolution and adaptation to emerging challenges will be key to its enduring effectiveness and credibility. Further, there are diverse issues that needs to be tackled to curb the issue of exam paper leaks. It requires multi-faceted approach that combines legislative action, stringent measure and a need for comprehensive oversight mechanisms to ensure accountability and transparency in the procedure. Further, the socio-legal implications are profound if the Act has been effectively and efficiently implemented. Notably, the Act require certain revisions as highlighted in the form of recommendations herein to aptly fulfil its promise of fair and transparent examination process where meritocracy prevails.

(The author is a  B.B.A LL.B (H) from Symbiosis Law School, Pune who loves to write and explore the nuances of law from a socio-legal perspective and explore the intersection of law and technology. Views are personal. He can be reached at https://www.linkedin.com/in/shelal-lodhi-rajput-b28896155/)