What’s in today’s article?

• Why in News?
• What is Public Examinations (Prevention Of Unfair Means) Act 2024?
• Criticism of the act and way forward

Why in News?

With the recent controversies surrounding the National Eligibility-cum-Entrance Test (NEET) UG-2024 and the cancellation of the University Grants Commission-National Eligibility Test (UGC-NET), public examinations have come under increased scrutiny.

UGC-NET 2024 was cancelled on June 19 after the Union Home Ministry found that the integrity of the examination may have been compromised. UGC-NET is the qualifying exam for admission to PhD programs, and to apply for an entry-level teaching position at an Indian university.

This was the first time a centrally-conducted public examination has been scrapped after Parliament passed Public Examinations (Prevention Of Unfair Means) Act in February 2024.

What is Public Examinations (Prevention Of Unfair Means) Act 2024?

About

• This act was passed by the Indian Parliament in February 2024.
• It aims to prevent unfair means in order to bring greater transparency, fairness and credibility to the public examinations system.

Wide scope of application

• The Act is the first Central Government legislation addressing unfair practices in public examinations. 
• It has a broad scope, allowing for the inclusion of other agencies through government notifications.

Considerate of candidates’ welfare

• Bona fide candidates of the public examinations are kept outside the purview of the Act. 
• Even the defaulting candidates will not be punished within the Act however, appropriate action will rather be taken by the concerned public examination authority.

Unfair means in an examination has been defined

• Section 3 of the Act lists at least 15 actions that amount to using unfair means in public examinations for monetary or wrongful gain.
• These include:
  • Leakage of question papers or answer keys and colluding in such leaks.
  • Unauthorized access to question papers or Optical Mark Recognition (OMR) response sheets.
  • Tampering with answer sheets, including OMR sheets.
  • Unauthorized persons providing solutions during exams.
  • Assisting candidates indirectly or directly.
  • Tampering with documents used for shortlisting or ranking candidates.
  • Tampering with computer systems or networks.
  • Creating fake websites.
  • Conducting fake exams and issuing fake admit cards or offer letters for cheating or monetary gain.

Inclusive and comprehensive

• The Act comprises 19 sections across six chapters, addressing all aspects of preventing unfair means in public examinations. 
• It includes comprehensive definitions covering various unfair practices such as question paper leaks, assistance to candidates, security violations, and tampering with computer systems. 
• It also addresses details like manipulation in seating arrangements.

Punishments

• Section 9 of the Act states that all offences shall be cognizable, non-bailable, and non-compoundable.
  • This means that an arrest can be made without a warrant and bail will not be a matter of right; rather, a magistrate will determine whether the accused is fit to be released on bail.

Public examination defined

• Section 2(k) defines a public examination as any examination conducted by a public examination authority listed in the Act's Schedule or any other authority designated by the Central Government through notification.
• The central government can add new authorities in the schedule through a notification as and when required.

Power to Refer Investigation to a Central Agency

• The Act empowers the Central Government to refer any case under the Act to a Central Investigating Agency whenever necessary in order to ensure expeditious and cautious disposal of matters concerned.

Designation of a Public Servant 

• The Act designates the officials of public examination authority as public servants, thereby ensuring accountability and transparency in the process. 
• As a result, appropriate administrative action can be taken against the defaulting public servants, following the service rules and procedures of the authority.

Status of organized crime

• Section 11 of the Act addresses organized crimes, imposing punishments ranging from 5 to 10 years and fines up to 1 crore rupees.
• If any institution is involved in the commission of an organised crime, its property will be subject to attachment and forfeiture by the government.

Criticism of the act and way forward

Fate of public examinations cancelled due to unfair means

• The Act does not specify a time frame for rescheduling exams canceled due to unfair means like paper leaks. 
• Given the high stakes for numerous candidates, timely rescheduling is crucial. 
• It is recommended that canceled exams be re-conducted within six months to preserve candidates' merit and preparation, ensuring fair opportunities for all.

Invigilators and Officials are unaware of examination procedures

• Invigilators and administrative officers often lack proper training, leading to inefficiencies and opportunities for unfair practices. 
• To prevent this, eligibility criteria for invigilators should be established. Intensive training programs and workshops should be conducted to equip invigilators with necessary skills.

Investigation referred to a DSP level officer

• The Act designates officers of at least Deputy Superintendent of Police (DSP) or Assistant Commissioner of Police rank to investigate unfair means in public examinations. 
• However, given the significant impact on candidates, a specialized investigation and regulation authority should be established for systematic investigation of these offences.

Underutilization of Modern Technology and AI

• Authorities have yet to effectively use technology to counteract offenders who are increasingly using it for their schemes. 
• Electronic methods can streamline the question paper-setting process, reduce time, and allow for digital verification of question sets. 
• Centralized question banks can make managing and updating questions more efficient. 
• Electronic printing and distribution of exam papers can also minimize the risk of paper leaks. 
• Integrating technology like Artificial Intelligence (AI) can enhance the evaluation stage by catching discrepancies overlooked by humans.

Q.1. What is Optical Mark Recognition (OMR) response sheets?

Optical Mark Recognition (OMR) is a technology used to detect marks on a specially designed document or "form," such as surveys, tests, and assessments. An OMR response sheet typically contains bubbles or boxes that respondents fill in or mark to indicate their answers to multiple-choice questions or other options. 

Q.2. What is a non-compoundable offence?

A non-compoundable offence is an offence where the complainant (the person who files the complaint) cannot withdraw the case against the accused, even if they reach a settlement or agreement.

Source: Outrage over paper leaks: what does India’s law against use of unfair means in exams say? | Live Law

What’s in today’s article?

• Why in News?
• The Science of Creating Alcohol
• What are adverse effects of Ethanol on Human Health?
• What is Hooch/Spurious Liquor?
• Regulation of Methanol in India
• How can Methanol Poisoning be Treated?

Why in News?

In Tamil Nadu's Kallakurichi, at least 34 people have died and around 100 others are in the hospital after drinking spurious liquor, also known as hooch. It's possible that more people have died than reported, as some may have passed away before reaching medical help.

The Science of Creating Alcohol

• Alcohol is produced using two basic processes: fermentation and distillation. 
• Fermentation is a chemical reaction where yeast or bacteria react with the sugars (from grain, fruits, sugarcane, etc.) to produce ethanol (the alcohol in the drink).
  • Liquor is differentiated by its alcohol content from the 5% by volume (beer) to the 12% (wine) to the 40% (distilled spirits). 
  • Distillation is important because with more of the sugar getting converted to alcohol, the conditions become toxic. 
• Distillation is the process of physically separating the alcohol from the rest of the mixture using evaporation and condensation. 

What are adverse effects of Ethanol on Human Health?

• Ethanol (C2H5OH) is metabolised in the liver and the stomach by alcohol dehydrogenase (ADH) enzymes to acetaldehyde. 
• Then aldehyde dehydrogenase (ALDH) enzymes transform the acetaldehyde into acetate. 
• The adverse effects of alcohol consumption, from the hangover to cancer, are due to acetaldehyde. 
• Contrary to popular belief, the World Health Organization (WHO) has found that “no level of alcohol consumption is safe for health”. 

What is Hooch/Spurious Liquor?

About

• Hooch is a commonly used term for poor quality alcohol, derived from Hoochinoo, a native Alaskan tribe that was known to produce very strong liquor.
• Unlike branded liquor which is produced in factories with sophisticated equipment and rigorous quality control, hooch is made in more crude settings (in many cases homemade) without any quality checks.

Process

• Like all alcohol, hooch is produced using two basic processes: fermentation and distillation.
• Hooch is produced using distillation of a fermented mixture, generally of locally available yeast, and sugar or fruit (often fruit waste).
  • The fermented mixture which is to be distilled contains more than just consumable alcohol (ethanol). 
  • It also contains methanol (CH3OH), a different form of alcohol which is highly toxic for human beings. 
  • During the distillation, both ethanol (boiling point of 78.37 °C) and methanol (boiling point of 64.7 °C) are concentrated. 
  • Thus, if done incorrectly, distillation can lead to an end product which contains high quantities of toxic methanol.
• The end product can have a high concentration of methanol (instead of harmless trace amounts), which is poisonous and can also cause cerebral edema (swelling of the brain), haemorrhage, and death.
• Importantly, it is near impossible to tell whether hooch is safe to consume before actual consumption.
• Dangers associated with hooch
• There is an inherent risk associated with the crude methods of hooch production. 
• The fermented mixture which is distilled contains more than just consumable alcohol (ethanol). 
• It also contains methanol, an industrial alcohol which is highly toxic for human beings.
  • Non-distilled alcoholic beverages like wine contain relatively harmless trace amounts of methanol. 

Regulation of Methanol in India

• Schedule I of the Manufacture, Storage and Import of Hazardous Chemical Rules 1989 includes methanol.
• The Food Safety and Standards (Alcoholic Beverages) Regulations 2018 stipulate the maximum permissible quantity of methanol in different liquors. 
  • For example, these values span a wide range including “absent” in coconut fenny, 50 grams per 100 litres in country liquor, etc.
• The Indian Standard (IS 517) applies to how the quality of methanol is to be ascertained, and together with the Tamil Nadu Denatured Spirit, Methyl Alcohol, and Varnish (French Polish) Rules 1959, what signage, methanol packaging should carry

How can Methanol Poisoning be Treated?

• Once methanol is ingested, the body takes some time to completely eliminate it. There are two immediate ways to treat methanol poisoning. 
• One is to administer ethanol (of a pharmaceutical grade, by healthcare workers). Ethanol competes with methanol for the ADH enzymes. As a result, the methanol is kept from being metabolised to formaldehyde. 

The other option is to administer an antidote called fomepizole, which slows the action of the ADH enzymes, causing the body to produce formaldehyde at a rate that the body can quickly excrete, preventing the deadlier effects from kicking in.

Q.1. What are ADH enzymes?

ADH enzymes, or alcohol dehydrogenase enzymes, are a group of enzymes that facilitate the conversion of alcohol (ethanol) into acetaldehyde in the body. These enzymes are primarily found in the liver and the stomach. 

Q.2. What is ethanol?

Ethanol, also known as ethyl alcohol or grain alcohol, is a clear, colorless liquid that is commonly used as a recreational drug and is the active ingredient in alcoholic beverages. It is produced by the fermentation of sugars by yeasts, and it is also synthesized for use as a solvent, in the production of other chemicals, and as an alternative fuel source.

Source: Tamil Nadu hooch tragedy: Why spurious liquor can be deadly | Indian Express | The Hindu

What’s in today’s article?

• Why in News?
• Indira Sawhney Judgment and the Present Status of Reservation in India
• Why the Quota in Bihar Challenged?
• Arguments For and Against Reservation
• The Verdict of the Patna HC

Why in News?

• The Patna High Court set aside the amendments passed by the Bihar legislature in 2023 to increase the reservation for different backward classes from 50% to 65% in educational institutions and government jobs of the state.
• The HC noted that the state government had not attempted any in-depth study before enhancing reservation beyond the limit (50%) set by the Supreme Court in the landmark 1992 Indira Sawhney judgement.

Indira Sawhney Judgment and the Present Status of Reservation in India

• The SC’s 1992 judgement:
  • From 1989-1992, the Government of India sought to implement the Mandal Commission’s recommendation of reservation (27%) for Other Backward Classes (OBCs).
    • In this context, the reservations under the Mandal Commission were challenged in the SC.
  • In the Indra Sawhney vs Union of India or the Mandal judgement, a 9-judge Constitution bench of the SC (by a 6-3 majority) ruled that the total quota must never exceed 50%.
  • The apex court called this limit fair and reasonable (without giving any justification) and added that the 50% reservations rule may be deviated from in certain extraordinary situations.
• Present condition on reservation:
  • Reservation for SCs, STs and OBCs in legislatures, higher education and public employment cannot exceed 50% of the total seats.
  • However, some states (most notable is Tamil Nadu, where the reservation is 69%), the Union government and the SC itself have occasionally breached it over the years.
• SC’s observations in different cases:
  • Maratha reservation: It resulted in the increasing of the total reservations in the state to 68% and was struck down by the SC in 2021 for violating the 50% ceiling established in its 1992 judgement.
  • Economically Weaker Sections (EWS) reservation: A five-judge Constitution bench of the court upheld the quota last year by a 3:2 majority, stating that the 50% ceiling is flexible and it was only in the context of reservations for SCs, STs and OBCs.

Why the Quota in Bihar Challenged?

• Bihar had last year raised the quota for scheduled castes (SCs), scheduled tribes (STs), extremely backward classes (EBCs), and other backward classes (OBCs) in educational institutions and government jobs from 50% to 65%.
  • This had been done after a caste survey showed that these groups formed roughly 84% of the state’s population.
• A clutch of petitioners challenged -
  • The Bihar Reservation of Vacancies in Posts and Services (for SC, STs and OBCs) Amendment Act, 2023 and
  • The Bihar Reservation (in Admission to Educational Institutions) Amendment Act, 2023.
• The petitioner argued that there was no scientific analysis of the caste survey data, and that the quota increase was based solely on the lack of proportionate representation in government jobs and educational institutions.

Arguments For and Against Reservation

• For: The State Government had given this reservation due to a lack of adequate representation of these classes and not on a proportionate basis.
• Against:
  • Together with the 10% EWS quota, the laws had pushed reservation in Bihar to 75%, well past the 50% ceiling set by the SC.
  • After the caste survey, this decision of reservation was taken on the basis of the proportion of castes, and not on the basis of adequate representation in government jobs.
  • The case of caste survey is currently pending for hearing in the SC.

The Verdict of the Patna HC

• It set aside the Bihar government’s laws as ultra vires the Constitution and violative of the equality clause under Articles 14, 15, and 16.
• The HC said the enhancement of reservations beyond the 50% limit - as set by a nine-judge bench of the SC in 1992 - was “bad in law”.
  • This is because it not only violates the principles of equality emanating from the Constitution, it fails to demonstrate any extenuating circumstance that could enable it to breach the 50% norm.

Q.1. What is India's 103rd Constitutional Amendment Act 2019?

The 103rd Amendment to the Indian Constitution was put into effect in order to reduce inequality by providing a 10% quota for members of the Economically Weaker Sections (EWS) in government jobs and higher education institutions.

Q.2. What is India's 106th Constitutional Amendment Act 2023?

The 106th Constitutional Amendment Act 2023 seeks to allocate 33% of the seats in the directly elected Lok Sabha, State legislative assemblies and Delhi legislative assembly for women.

Source: Patna High Court strikes down 65% quota in Bihar | HT