Legislative & Judicial Response against “Ragging”

By SHAIWAL SATYARTHI

The term “ragging” means different things to different people. To some of us it constitutes just “fun and frolic” including “singing and dancing” in front of seniors. To some others, it means working on assignments for seniors and doing their daily chores. For many others it constitutes physically tiring, verbally abusive or even sexually assaulting acts.

"'Ragging' is the doing of any act which causes, or is likely to cause any physical, psychological or physiological harm of apprehension or shame or embarrassment to a student, and includes– (a) teasing or abusing of playing Practical joke on, or causing hurt to any student; or (b) asking any student to do any act, or perform any thing, which he/she would not, in the ordinary course, be willing to do or perform."

However, there is a general agreement that there must be a line defined which should not be crossed. Who should define the line and how should it be measured is the next question that arises. Again there are conflicts and several opinions on the same.

Ragging is different from other crimes because the motive is solely to get perverse pleasure. Ragging is also different from other crimes as it is actively promoted by certain sections of the society.

Legislative Response:-

The Prevention of Ragging in Colleges and Institutions Bill as a Private Member’s Bill was introduced in 2005. The said Bill was aimed to empower the Central Government to ban ragging in educational institutions and make it punishable with rigorous imprisonment for three years and fine of Rs 25,000.

The said Bill would also have empowered the government and its agencies such as the University Grants Commission (UGC) to penalize institutes that failed to take steps to curb ragging. One of the most important clauses of the Bill was that it wanted to empower Central and state governments to set up task forces to monitor the implementation of the anti-ragging law and take action against any violation.

Apart from above, the following criminal acts under the provisions of Indian Penal Code, 1860 can be categorized under ragging; especially if they take place inside a school or college:

▪ unlawful coercion
▪ criminal intimidation
▪ assault
▪ battery
▪ sexual abuse
▪ rape
▪ murder

Many states have also passed laws against ragging. But unfortunately, college authorities are not willing to accept their role and responsibility in this.

Judicial Response:-

The Supreme Court in its verdict, in response to a PIL filed by Vishwa Jagriti Mission in August 2001, had put a ban on ragging.

Further, a Committee for giving specific recommendations on effective prevention of ragging in educational institutions was constituted by the apex court while it admitted and heard some SLPs filed in relation to the menace of ragging in Technical Institutions/ Universities/ Colleges in the Country. The Committee had submitted a detailed report with suitable recommendations and measures required to effectively curb the menace. The recommendations of the Committee were duly accepted and the following directives have been issued to all the educational institutes for necessary implementation by the Supreme Court on May 16, 2007 in University of Kerala Vs Council, Principals’, Colleges; Kerala & Ors:-

I. Factors enlisted by the committee:

1. Primary responsibility for curbing ragging rests with academic institutions themselves.
2. Ragging adversely impacts the standards of higher education.
3. Incentives should be available to institutions for curbing the menace and there should be disincentives for failure to do so.
4. Enrolment in academic pursuits or a campus life should not immunize any adult citizen from penal provisions of the laws of the land.
5. Ragging needs to be perceived as failure to inculcate human values from the schooling stage.
6. Behavioral patterns among students, particularly potential ragging supporters, need to be identified.
7. Measures against ragging must deter its recurrence.
8. Concerted action is required at the level of the school, higher educational institution, district administration, university, State and Central Governments to make any curb effective.
9. Media and the Civil Society should be involved in this exercise.

II. Recommendations approved by the Supreme Court

1. The punishment to be meted out has to be exemplary and justifiably harsh to act as a deterrent against recurrence of such incidents.

2. Every single incident of ragging where the victim or his parent/guardian or the Head of institution is not satisfied with the institutional arrangement for action, a First Information Report must be filed without exception by the institutional authorities with the local police authorities. Any failure on the part of the institutional authority or negligence or deliberate delay in lodging the FIR with the local police shall be construed to be an act of culpable negligence on the part of the institutional authority. If any victim or his parent/guardian of ragging intends to file FIR directly with the police, that will not absolve the institutional authority from the requirement of filing the FIR.

3. In the prospectus to be issued for admission by educational institutions, it shall be clearly stipulated that in case the applicant for admission is found to have indulged in ragging in the past or if it is noticed later that he has indulged in ragging, admission may be refused or he shall be expelled from the educational institution.

4. It shall be the collective responsibility of the authorities and functionaries of the concerned institution and their role shall also be open to scrutiny for the purpose of finding out whether they have taken effective steps for preventing ragging and in case of their failure, action can be taken; for example, denial of any grant-in aid or assistance from the State Governments.

5. Anti-ragging committees and squads shall be forthwith formed by the institutions and it shall be the job of the committee or the squad, as the case may be, to see that the Committee's recommendations, more particularly those noted above, are observed without exception and if it is noticed that there is any deviation, the same shall be forthwith brought to the notice of this Court.

6. The Committee constituted pursuant to the order of this Court shall continue to monitor the functioning of the anti-ragging committees and the squads to be formed. They shall also monitor the implementation of the recommendations to which reference has been made above.

III. Action to be taken by the Institute:

i. Formation of Committees & Squads:

Complying with the directives of the Supreme Court of India, the Institution has to form the following Anti-ragging committees and squads for overseeing the implementation of the provisions of the verdict with immediate effect: The Institution level Anti-ragging Squads and Hostel level Anti-ragging Squads shall work in co-ordination with the Institution level Anti-ragging committee and oversee the implementation of the recommendations.

ii. Undertaking from Students and Parents:

Each student of the Institute and his/her parents and, or Guardian are required to submit a combined undertaking at the time of registration, in the prescribed format, which is mandatory for registration. All concerned officials of the Institute, students, parents & guardians of the students, members of Anti-ragging committees & Anti-ragging squads are requested to adhere to the stipulations and effectively monitor and comply with the provisions made in the directives.

Despite the apex court's direction to all educational institutions to take stringent anti-ragging measures, including slapping criminal cases against erring students, ragging incidents remain unchecked in the country. "Ragging is an organized crime as students prepare months before the new academic year starts. It has been observed that ragging often ends up in sexual or physical harassment for the victim. It is important for us to curb the menace at the earliest by formulating a law against physical or sexual harassment while ragging.

In fact, ragging is a problem of law enforcement and saving reputations. In spite of several legislations passed over the years, laws of the land are seldom enforced.

As there is no effective enforcement law against ragging, it continues to fascinate us as a psychological and social problem. However, even as a legal debate for curbing the menace of ragging in progress, it raises several questions and directions to pursue in order to find a lasting legal solution to this problem.

Unfortunately, ragging does not have a quick-fix solution. Passing a severe law or even implementing it will not solve the problem absolutely. We must understand that unless the society condemns it, ragging cannot be eliminated. Hence; we require a focused and concentrated effort to educate the masses.

“STOP RAGGING”