The NEET paper-leak problem is a monumental mistake; With respect to the leak there are at least two facets worthy of discussion. First, the Public Examinations (Prevention of Unfair Means) Act, 2024 [the Act]; and second, the establishment and working of NTA.
In this post I will talk about the Act, how it is useless, and by the end you will know at least 2 ways to leak a paper and escape. [To the person who leaked the NEET paper – You’re welcome!]
Of the many ways in which the Parliament entertains us, the Public Examinations (Prevention of Unfair Means) Act must rank really high. It was passed in 2024, and has been in force since then. This act, as the name suggests tries to reduce “malpractices in public examinations”, and brings “transparency, and fairness to public examinations”. [Those are the Government’s words, not mine]
Why this Act is Useless?
Let us look at Section 3 of the Act, which defines the term “Unfair Means”. Unfair Means has been defined as doing any of the 14 acts listed in the section, (… and here’s the problem) for “monetary or wrongful gain”.
What are these 14 acts? Leaking paper, accessing OMR (without authorization), manipulating seating arrangement etc. (you get the point, a whole assortment of acts), but for now, let us just keep “paper leak” as an example.
Let us presume I am some official in the National Testing Aency (NTA), NEET is going to be held in a week, and the question paper is on my table. My son will be sitting for the NEET paper this year. What will go down if I leak this paper to him? NOTHING!
Of course, I won’t charge my son money, for leaking the paper to him! And therefore, there will be no “monetary gain”, in fact no “gain” at all.
So, if there is not monetary gain, how will I be tried under this Act? My actions don’t even make out the crime. The brilliance of this Section is in the fact that it allows you to employ unfair means, leak papers, but as long as you don’t recieve money for it, you haven’t committed a crime.
Second, what is paper leak? Or, as the Act puts it, “Leakage of Paper”? I don’t know. No one knows. Because the Act does not define it. Does leaking a paper mean, telling someone what was in the paper? Does it mean telling more than one person? Does it mean taking a photo of the paper? What if I don’t spread the paper? What if I only use it for myself? Will that still mean leaking?
These are some glaring concerns in this Act. The Police can arrest as many accused as it finds sufficient, but I have serious doubt if this Act is strong enough to prosecute them.
In the next post I will explain why trying the “mastermind” is essential to prevent further paper leaks, and why arresting the last chains in the leak operation does not serve much of a purpose (in rectifying the mistake that led to the leak). I will also explain how the persons being arrested can be charged (if the charges under this Act don’t hold).
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