Anti-cheating Act: Is Legislation Alone Enough?

Education for most individuals is a ticket to a brighter future. The recent cheating scandals disrupt such a possibility. When exams get rigged and cheats prosper, it’s not just about losing fairness. It’s also about losing hope for a person’s prospects and trust and integrity of the entire system. To combat this slide, the Indian government has introduced stringent measures, drafted into what is now popularly known as the Anti-Cheating Act. But will this legislation be a game changer for education and employment opportunities in India?

The law criminalises cheating. But it’s not new for cheating in examinations to be a criminal offence in India. Laws that have already existed, categorise such activities under fraud and malpractice. Over the years, many state legislatures have passed several bills to prevent cheating and to maintain the sanctity of exams. However, cheating scandals continue. This raises an important question on the effectiveness of these laws. Can anti-cheating legislation alone resolve the issue, or is there a role for deeper, structural reforms in education? 

A review of the history of anti-cheating legislations does not instil confidence that these laws have worked. Efforts as early as the Bihar Conduct of Examination Act 1981 and the Uttar Pradesh Anti-Copying Act of 1992 have sweeping provisions like empowering examination bodies to cancel exams in the event of mass cheating, and to ban students from future examinations. But widespread cheating in these states has continued. 

The reality is that these laws, even though stringent, face resistance. They are often hindered by corruption, political influence, and inadequate enforcement. Even national level measures like the Prevention of Malpractices in Examinations Act of 1987 and the establishment of the National Testing Agency (NTA) in 2017 have failed to solve the problem. Technological solutions introduced by the NTA too have limited impact, especially on state-level exams, where cheating syndicates find ways to identify and exploit loopholes. The many laws on cheating continue to struggle with implementation, particularly in rural areas where resources are scarce and local corruption is rampant.

Political influence plays an important role in cheating on examinations. In some instances, cheating networks have protection from local political figures who have a vested interest in maintaining their patronage and securing support from their political party workers and constituents. Corruption is another root cause. Within the educational system, law enforcement, and local administration operate on bribery and coercion to undermine the effectiveness of anti-cheating laws. The lack of resources, capacity, and infrastructure in many states weakens law enforcement further. 

Societal pressure on students to succeed, especially in high-stakes exams, also drives many to cheat. Especially in rural areas where access to quality education is limited, and cheating seems like the only way to a better life. 

It’s important to note that legislation alone is insufficient to combat cheating in India’s education system. While necessary, these laws are reactive, not preventive. They punish those who are caught without addressing the root cause behind cheating.

To solve the problem, truly, a multifaceted approach is required. This approach has to be broader. The way out of cheating is in the direction of carrying out reforms that improve the quality of education and address corruption within the system. 

While anti-cheating laws may be an important step in maintaining the integrity of India’s education system, they alone are not the answer. If the underlying social, economic, and structural issues that drive cheating are not addressed, laws will continue to fall short. 

Also read: Anti-cheating Act Does Not Reduce the Incentive to Cheat in Exams