In a first in Uttarakhand, a case was registered under the state's new anti-copying law against a man, some unidentified aspirants, and a news portal for "spreading misinformation" through social media about the patwari (revenue sub-inspector) exam held last week, a senior police officer said.
A first information report (FIR) was registered at Kotwali police station in Uttarkashi district on the night of Sunday, 12 February, days after the anti-copying provision was brought in through an ordinance.
The Uttarakhand Competitive Examination (Measures for Prevention and Redressal of Unfair Means in Recruitment) 2023 Ordinance was promulgated by Chief Minister Pushkar Singh Dhami on Thursday, 9 February, and got Governor Lt Gen (retd) Gurmit Singh's assent a day later.
But what are the provisions of the Act? And why is it being implemented? Read on.
Paper Leak Row: What Are the Provisions of Uttarakhand's New Anti-Copying Law?
1. Protests Over Paper Leaks
The government has brought in the ordinance at a time when several paper leak cases have rocked Uttarakhand in recent months, prompting unemployed youths to hit the streets in the state's capital Dehradun over the past few days.
On Thursday, 9 February, unemployed youth, under the banner of Uttarakhand Berozgaar Sangh, held a massive protest that turned violent, resulting in injuries to over a dozen police personnel in Dehradun.
One of the demands of the protesters was that a Central Bureau of Investigation (CBI) probe be launched into the paper leaks, under the supervision of a high court judge.
Which Exams Will the Law be Applicable To?
The law will apply to public examinations for recruitment to posts under the state government, autonomous entities/bodies run by the government, and authorities, corporations, and institutions operated with grants of the state government.
As Dhami said in a social media post, "Now the anti-copying law will apply to all competitive examinations held in the state."
What are the Provisions of the Ordinance?
According to the ordinance cleared by the governor, those found involved in leaking papers will face:
A maximum punishment of 10 years in jail
A fine of Rs 10 crore
Those found involved in copying in job exams would be handed:
A three-year jail term, and
A fine of Rs 5 lakh
Additionally, the property of those indulging in or facilitating use of unfair means in recruitment examinations in the state will also be confiscated.
Expand2. What About a Second-Time Offender?
Also, an applicant caught cheating will be debarred for two to five years from the date of the charge sheet, and in case of conviction, from all competitive exams for 10 years, according to The Indian Express.
"Our government will not compromise with the dreams and aspirations of the youth. Now anyone who will be found cheating in the recruitment exam will be given life imprisonment and 10 years of imprisonment. Along with this, their property will also be confiscated," Hindustan Times quoted the chief minister as saying.
A second-time offender will be punishable with a minimum jail sentence of 10 years and a fine of Rs 10 lakh. If they default on the payment of the fine, they will be jailed for another 30 months.
The ordinance further states that if any person, printing press, service provider contracted or ordered for examination, management for conducting an examination, or any person and organisation authorised to keep and transport the examination material, any staff of the examination authority, limited liability partnership, coaching centre or any other institution has indulged in conspiracy or other unfair means, they shall be punished with a jail term of not less than 10 years, which may extend to life imprisonment.
They will also be penalised with a minimum fine of Rs 1 crore, which can go up to Rs 10 crore. If they are unable to pay the fine, the convicts will serve another jail sentence of three years, according to The Indian Express.
Expand3. Infamous Saga of Paper Leaks
"It is 22 years since the creation of Uttarakhand. Those opposing me should ask themselves which chief minister sent people involved in paper leak cases to jail. Which chief minister brought the sternest anti-copying law in the country," Hindustan Times quoted Dhami as saying.
Over the past few years, quite a few instances of paper leaks have surfaced in the Himalayan state.
Just last month, the Uttarakhand Public Service Commission (UKPSC) exam was cancelled after it turned out that the test papers had been leaked and sold to candidates.
Discrepancies were found in the 2016 village panchayat development officer exam as well.
The latest trigger for the protests was the UKPSC patwari and accountant exam, held in January, in which 1.4 lakh candidates appeared for 563 vacancies. The exam was subsequently cancelled, and was conducted again on Sunday, 12 February.
(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)
Expand
Protests Over Paper Leaks
The government has brought in the ordinance at a time when several paper leak cases have rocked Uttarakhand in recent months, prompting unemployed youths to hit the streets in the state's capital Dehradun over the past few days.
On Thursday, 9 February, unemployed youth, under the banner of Uttarakhand Berozgaar Sangh, held a massive protest that turned violent, resulting in injuries to over a dozen police personnel in Dehradun.
One of the demands of the protesters was that a Central Bureau of Investigation (CBI) probe be launched into the paper leaks, under the supervision of a high court judge.
Which Exams Will the Law be Applicable To?
The law will apply to public examinations for recruitment to posts under the state government, autonomous entities/bodies run by the government, and authorities, corporations, and institutions operated with grants of the state government.
As Dhami said in a social media post, "Now the anti-copying law will apply to all competitive examinations held in the state."
What are the Provisions of the Ordinance?
According to the ordinance cleared by the governor, those found involved in leaking papers will face:
A maximum punishment of 10 years in jail
A fine of Rs 10 crore
Those found involved in copying in job exams would be handed:
A three-year jail term, and
A fine of Rs 5 lakh
Additionally, the property of those indulging in or facilitating use of unfair means in recruitment examinations in the state will also be confiscated.
Also, an applicant caught cheating will be debarred for two to five years from the date of the charge sheet, and in case of conviction, from all competitive exams for 10 years, according to The Indian Express.
"Our government will not compromise with the dreams and aspirations of the youth. Now anyone who will be found cheating in the recruitment exam will be given life imprisonment and 10 years of imprisonment. Along with this, their property will also be confiscated," Hindustan Times quoted the chief minister as saying.
What About a Second-Time Offender?
A second-time offender will be punishable with a minimum jail sentence of 10 years and a fine of Rs 10 lakh. If they default on the payment of the fine, they will be jailed for another 30 months.
The ordinance further states that if any person, printing press, service provider contracted or ordered for examination, management for conducting an examination, or any person and organisation authorised to keep and transport the examination material, any staff of the examination authority, limited liability partnership, coaching centre or any other institution has indulged in conspiracy or other unfair means, they shall be punished with a jail term of not less than 10 years, which may extend to life imprisonment.
They will also be penalised with a minimum fine of Rs 1 crore, which can go up to Rs 10 crore. If they are unable to pay the fine, the convicts will serve another jail sentence of three years, according to The Indian Express.
"It is 22 years since the creation of Uttarakhand. Those opposing me should ask themselves which chief minister sent people involved in paper leak cases to jail. Which chief minister brought the sternest anti-copying law in the country," Hindustan Times quoted Dhami as saying.
Infamous Saga of Paper Leaks
Over the past few years, quite a few instances of paper leaks have surfaced in the Himalayan state.
Just last month, the Uttarakhand Public Service Commission (UKPSC) exam was cancelled after it turned out that the test papers had been leaked and sold to candidates.
Discrepancies were found in the 2016 village panchayat development officer exam as well.
The latest trigger for the protests was the UKPSC patwari and accountant exam, held in January, in which 1.4 lakh candidates appeared for 563 vacancies. The exam was subsequently cancelled, and was conducted again on Sunday, 12 February.
(At The Quint, we are answerable only to our audience. Play an active role in shaping our journalism by becoming a member. Because the truth is worth it.)