The Uttarakhand Competitive Examination (Measures for Prevention and Redressal of Unfair Means in Recruitment) Ordinance (now law), popularly known as the anti-copying Ordinance, which prevents the use of unfair means and cheating during state recruitment exams, came into force after Governor Lt Gurmit Singh have his consent on Friday.
Many media houses reported about the purported ordinance brought by the BJP government in the state that would tighten the noose around the neck of the cheating mafia in the state. However, the headlines of a few such reports were quite misleading creating confusion in the mind of the readers about the provisions specified in the ordinance.
At first glance, the headline gives the impression that the Ordinance entails life imprisonment for any student caught cheating in exams in Uttarakhand, even for the first time. However, that is not the case. Life imprisonment is the maximum punishment an individual or an organization found involved in unfair means could be subjected to, not the only punishment, as specified in Uttarakhand’s anti-copying Ordinance.
According to the provisions specified in the Ordinance, any student caught cheating for the first time will be subjected to three year jail term and a fine of Rs 5 lakhs. For any individual caught doing the same for the second time, the punishment will not be less than 10 years and a Rs 10 lakh fine.
If any person, printing press, service provider organization, management system, or coaching institute is found involved in unfair means, then provision has been made for a maximum punishment of life imprisonment and a fine of up to 10 crore rupees for those indulging in or facilitating the use of unfair means in recruitment examinations.
Along with these provisions, the ordinance also states that the assets of these candidates who use unfair means will be seized.
Additionally, Clause 11 (2) of the new anti-copying law, which came into force in the state on the night of February 10, has a provision for strict action against those who spread rumors.
Notably, the anti-copying law came into being after Uttarakhand faced two major paper leaks.
As per reports, this anti-copying law – Uttarakhand Competitive Examination (Measures for Prevention and Prevention of Unfair Means in Recruitment) Ordinance 2023 – would be enforced for every recruitment exam that the state would conduct from now on.
उत्तराखण्ड प्रतियोगी परीक्षा (भर्ती में अनुचित साधनों की रोकथाम व निवारण के उपाय) अध्यादेश, 2023 संबंधी अधिसूचना जारी।https://t.co/FjOna9TQSX
— CM Office Uttarakhand (@ukcmo) February 11, 2023
Earlier, CM Dhami himself announced that he had approved the Ordinance following students’ protest against the paper leak cases in the State. Following the Governor’s assent, the Ordinance has now become a law.
First case lodged under Uttarakhand anti-copying law
On Monday, only two days after the Ordinance came into effect, the first case under Uttarakhand’s new anti-copying statute was filed in the Uttarkashi district. According to a senior police officer, the case named a man, some anonymous applicants, and a news outlet for “spreading misinformation” regarding the revenue sub-inspector (Patwari/Lekhpal) test question paper.
“We have filed the FIR under the new anti-copying ordinance at Kotwali police station against an identified candidate (Arun Kumar) and others appearing in the Patwari/Lekhpal (exam) at a polytechnic college and a news portal for spreading misinformation that seal of the question papers was opened before it was distributed among candidates,” said Uttarkashi superintendent of police (SP) Arpan Yaduvanshi. “A video (made by the accused) in this regard has gone viral on social media.”
