'Only Punishment Can't Stop Such Crimes': Academicians On Assam's Bill To Stop Unfair Means In Jobs

Chief Minister Himanta Biswa Sarma introduced the Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Bill, 2024 in the state Assembly on Monday.

The bill suggests harsh penalties, including up to 10 years of imprisonment.

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Guwahati: Academicians on Wednesday expressed appreciation for the Assam government's initiative proposing severe penalties for individuals involved in unfair practices during recruitment examinations, as reported by news agency PTI. However, they cautioned that merely imposing penalties may not suffice to deter such offenses, emphasizing the necessity for broader societal changes.

Chief Minister Himanta Biswa Sarma introduced the Assam Public Examination (Measures for Prevention of Unfair Means in Recruitment) Bill, 2024 in the state Assembly on Monday. The bill suggests harsh penalties, including up to 10 years of imprisonment and a maximum fine of Rs 10 crore, for anyone, including candidates, engaged in activities like leaking, producing, selling, printing, or solving question papers to aid candidates, either directly or indirectly.

"If penalty or fine could stop a crime, no one would have drunk and driven vehicles. Why do we not talk about rectifying the system?" said Professor Ghanashyam Nath, retired principal of K C Das Commerce College.

The public is also equally responsible for such malpractices as students and parents just want to grab a job by any means, he added.

"The fine amount of Rs 10 crore is also unreasonable. Who would be able to pay that? This will lead to more corruption, which is already rampant in the state," Nath said.

Conveying similar thoughts, Pallavi Deka, Assistant Professor of Political Science at Handique Girls' College, remarked that the incidence of 'cash-for-job' scams has surged in recent years.

"If the Bill is introduced just to control unfair means in such recruitment processes, then it is fine. But we need to revamp the overall system. This Bill seems to leave aside the cash component involved in such scams," she added.

Deka also said that Assam has not experienced a scenario similar to some other states where unfair practices emerge in nearly all examinations.

Kaustubh Deka, an Assistant Professor of Political Science at Dibrugarh University, hailed the government's initiative as a positive step towards addressing institutionalized unfair practices in job exams.

"The government aims to fight unfair means from all fronts. This Bill will be effective in the long run as it targets to dismantle the entire ecosystem of such crimes. It may be a game changer," he added.

Deka also spoke about the entire social mindset of rising quickly on the ladder of promotion and overall approval to shortcuts to gain success.

"We need to tackle that also. The government or a law cannot alone fight against such menace. Our society is blind about success. That needs to change simultaneously," he added.

As per the Bill, a conspirator will be imprisoned for a minimum of five years, extendable up to 10 years, and shall also be liable to be fined at least Rs 10 lakh, which can go up to Rs 10 crore.

"...in case of default of payment of fine, such a person shall also be liable to be punished with imprisonment of either description for a term of two years," it added.

Besides, an examinee just indulging in unfair means is liable to be punished with imprisonment of up to three years and also liable to be fined a minimum of Rs 1 lakh, and another nine months of jail in case of default in payment, the legislation stated.

The Bill will also empower the government to debar any examinee from taking any public examination for a period of two years if he or she has been convicted under the provisions of this law.

"The court shall make an order of recovery of any wrongful gains made by such person, by way of attachment and sale of any of the assets/property movable or immovable, or both, of such person," it said.

The Bill also proposed to make all offences as cognisable, non-bailable and non-compoundable, and authorise an officer of Deputy Superintendent of Police rank or above to probe the crimes.

It said that "no suit, prosecution or other legal proceeding" shall be applicable against any public servant acting under the direction of the Assam government for anything done or planning to do in "good faith" under this Act.

The government in consultation with the Chief Justice of Gauhati High Court will also institute special courts, headed by not below Additional District and Sessions Judge, to try offences under this Act.

Sarma, in the Statement of Object and Reasons of the Bill, said that it aims to provide an effective measure to prevent and curb the leaking of question papers and the use of unfair means in job tests to any post under the state government, including autonomous bodies, authorities, boards and corporations.