13 yrs on, panel’s call for law to check paper leaks gathers dust
LUCKNOW: Despite leakage of examination papers year after year, the state government is allegedly sitting on the recommendations made by the UP State Law Commission in 2005, suggesting enactment of a law to check such incidents.
In its third report to the state government on September 10, 2005, the commission had submitted the draft of the proposed law and said its enactment would bring down leakage of examination papers.
HT has a copy of the report. In the 10-page report, the commission had observed: “On account of leakage of examination papers, enormous hardship is caused to students and the image of our state is smeared.”
The commission was headed by justice (retd) Vishnu Sahai.
The commission members included justice (retired) IS Mathur, former director of Judicial Training & Research Institute (JTRI) Allah Rahman and former vice-chancellor of Ram Manohar Lohia National Law University Balraj Chauhan.
Justice (retired) Vishnu Sahai said that he did not know the reasons that led to the delay in formulation
› There is no question of ignoring the recommendations of the UP State Law Commission. The state legislation department is responsible for enacting the law A SENIOR OFFICER, law and justice departmen
of a law against paper leak.
A senior officer in law and justice department said the recommendations of the law commission were implemented from time to time.
“There is no question of ignoring the recommendations of the commission. The state legislation department is responsible for enacting the law,” the officer said.
An officer in the state legislation department said the implementation of the commission’s recommendations would be taken up by the authorities concerned at an appropriate time.
In the absence of an effective law to check paper leak, the students continue to suffer – the latest examples being UP Board and CBSE Board paper leaks.
In the report, the commission had said, “The Uttar Pradesh Prevention of Leakage in Examination Papers Act, 2005, should be enacted by the state of UP, wherein deterrent punishment be provided for those who either themselves commit the offence of leakage in examination papers or abet such an offence, or are a part of criminal conspiracy to commit such an offence.”
The commission also recommended “imprisonment which shall not be less than seven years but may extend to imprisonment for life and shall be liable to pay a fine not less than Rs 10,000 which may extend to Rs 1 lakh”.
The commission had suggested that the state government, with concurrence of the chief justice of the Allahabad high court, should constitute special courts to be presided over by a judge/additional judge with the experience of working as sessions judge/additional sessions judge.
“Under the Indian Penal Code (IPC), the only sections under which the offence of leakage in examination papers is covered are 406, 407, 408 and 378,” it added.