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| RAGGING |
Introduction
Ragging is originally a western concept
and was originally a form of social interaction between seniors and juniors in
schools and colleges. However, these interactions, have taken a very brutal,
inhuman and anti-social, form at times. Even some of the highly reputed
colleges and institutions have a terrible history of ragging. Ragging has
social, physical, political-economic academic and physiological dimensions.
Vishwa Jagriti Mission filed Public Interest Litigation for curbing
ragging. Another relevant judgment passed in the year 2007 by the Hon’ble
Supreme Court was in University of Kerela vs. Council Principals,
Colleges Kerala & Ors. SLP (C) No. 242966-24299, R.K
Raghvan Committee post-2007 order of the Hon’ble Court had shared a detailed
report to tackle the problem of ragging. The article examines what our law says
about ragging.
A. Definition of Ragging
Under the Indian laws, ragging is
defined as:
(i)
Any
disorderly conduct by either by acts or words spoken, the effect of which is
teasing, treating or handling with rudeness any other student;
(ii)
Any
rowdy or undisciplined activity, which causes annoyance, hardship or
psychological harm;
(iii)
Raise
fear or apprehension thereof in the minds of junior
(iv)
Asking
the students to do any act or perform something, which such student will not do
in the ordinary course, which has the effect of causing shame or embarrassment so
as to adversely affect the physique or psyche of a junior student.
B. Legislations on Ragging
Some states in India have their own
legislations on ragging. Some states which do not have their own legislation on
ragging and therefore the ragging laws in these States are in accordance with
the central legislations on ragging.
C. Central Legislations
The central legislation, which keep
checking on the practice of ragging in India, are:
1.
Indian Penal Code
2.
UGC Regulations On
Curbing The Menace Of Ragging In Higher Educational Institutions, 2009
3. Other institutes specific regulations.
D. Punishments under Indian Penal Code
against acts of Ragging
Every single incident of ragging or
abetting in ragging puts an obligation on the institution to get the FIR
registered. There are provisions in the IPC, which can be used by a student to
register an FIR in the nearest Police Station. These provisions are:
294 - Obscene acts and songs
323–Punishment for voluntarily causing hurt
324 – voluntarily causing hurt by dangerous weapon or means
325 – punishment for voluntarily causing grievous hurt
326 – voluntarily causing grievous hurt by dangerous weapon
339 – Wrongful Restraint
340 – Wrongful Confinement
341 – Punishment for Wrongful Restraint
342 – Punishment for Wrongful Confinement
509 – Punishment for intending to insult the modesty of women.
324 – voluntarily causing hurt by dangerous weapon or means
325 – punishment for voluntarily causing grievous hurt
326 – voluntarily causing grievous hurt by dangerous weapon
339 – Wrongful Restraint
340 – Wrongful Confinement
341 – Punishment for Wrongful Restraint
342 – Punishment for Wrongful Confinement
509 – Punishment for intending to insult the modesty of women.
E. UGC Regulations on Curbing The Menace
Of Ragging In Higher Educational Institutions, 2009
1.
Scope of these Guidelines
These regulations were passed by the
University Grants Commission in the year 2009 to curb the menace of ragging in
the Universities in India. The best part of these regulations is that they
shall apply to all the institutions including:
(i)
Under
the Central/provincial/state act
(ii)
Deemed
university under the UGC Act, 1956
(iii)
All
other educational institutions
The guidelines extend to all the
premises, whether located on the campus or outside and also in means of transportation
whether public or private. The objective of these guidelines is to ensure
completely wiping and prohibiting the activities of ragging
2.
Important Regulations
Publishing ragging is banned: The institutions are required to
publish that the ragging is totally banned in the institution and anyone found
doing/abetting ragging would be suitably punished.
Brochures/Application Form/Enrollment
Form: The
college brochures are required to mention these guidelines in full. The
prospectus would include all directions of Supreme Court/Central and State
Government as applicable. The application/enrollment form for admission will
have an undertaking in English and Hindi and preferably one in regional
language to be signed by parent/guardian. The school-leaving certificate should
reflect the behavioral pattern of the student.
Affidavit of Student: A student during the admission the process has to file an affidavit along with his parents/guardian’s signature,
stating that he will not be ragging other students directly or indirectly.
Anti-Ragging Committee: Every institution shall constitute
a committee to be known as the Anti-Ragging Committee. To be nominated and
headed by the Head of the institution, and consisting of representatives of
civil and police administration, local media, Non-Government Organizations
involved in youth activities, representatives of faculty members,
representatives of parents, representatives of students belonging to the
freshers category as well as senior students, non-teaching staff; and shall
have a diverse mix of membership in terms of levels as well as gender. It shall
be the duty of the Anti-Ragging Committee to ensure compliance with the
provisions of the Regulations as well as the provisions of any law for the time
being in force concerning ragging. The College is required to submit to weekly
reports on anti-ragging status to the Vice-Chancellor of the University.
Contact detail of Anti Ragging
Helpline/Anti Ragging Committee/Anti Ragging Squad: Every fresh student admitted to
the institution shall be given a printed leaflet detailing to whom he/she has
to turn to for help and guidance for various purposes including addresses and
telephone numbers, so as to enable the student to contact the concerned person
at any time. The identity of informants of ragging incidents is fully protected.
Anti-ragging squad: Anti-ragging committee would also
monitor and oversee the performance of the Anti-Ragging Squad. It shall be the
duty of the Anti-Ragging Squad to make surprise raids on hostels, and other
places vulnerable to incidents of, and having the potential of, ragging.
FIR: The guidelines lay down that on
receipt of any information concerning any reported incident of ragging, the
Head of the institution shall immediately determine if a case under the penal laws
is made out and if so, either on his own or through a member of the
Anti-Ragging Committee, proceed to file a First Information Report (FIR),
within twenty-four hours of receipt of such information.
Evaluation of Ragging: It lays down that The Anti-Ragging
Committee of the institution shall take an appropriate decision, in regard to
punishment or otherwise, depending on the facts of each incident of ragging and
nature and gravity of the incident of ragging established in the recommendations
of the Anti-Ragging Squad.
Freshers are to allotted a different
hostel
3.
Regulations by other Bodies
Apart from IPC and the UGC Regulations,
there are other government bodies that have their own laws on ragging in their
respective acts. For example the All India Council For Technical Education
[AICTE] and the Medical Council of India have made their own regulations under
their respective acts.
(i)
The
AICTE has created “All India Council for Technical Education (Prevention
and Prohibition of Ragging in Technical Institutions, Universities including
Deemed to be Universities imparting technical education) Regulations 2009”
under Section 23 and Section 10 of the AICTE Act, 1987.
(ii)
Similarly,
the Medical Council of India has made “Medical Council of India (Prevention and
Prohibition of Ragging in Medical Colleges/Institutions) Regulations, 2009”
under Section 33 of the Indian Medical Council Act, 1956.
4.
What constitutes
ragging?
Ragging constitutes one or
more of any of the following acts:
a.
Any conduct
by any student or students whether by words spoken or written or by an act
which has the effect of teasing, treating or handling with rudeness a fresher
or any other student.
b.
Indulging
in rowdy or indisciplined activities by any student or students which causes
or is likely to cause annoyance, hardship, physical or psychological harm or to
raise fear or apprehension thereof in any fresher or any other student.
c.
Asking
any student to do any act which such student will not in the ordinary course do
and which has the effect of causing or generating a sense of shame, or torment
or embarrassment so as to adversely affect the
physique or psyche of such fresher or any other student.
physique or psyche of such fresher or any other student.
d.
Any
act by a senior student that prevents, disrupts or disturbs the regular
academic activity of any other student or a fresher.
e.
Exploiting
the services of a fresher or any other student for completing the academic
tasks assigned to an individual or a group of students.
f.
Any
act of financial extortion or forceful expenditure burden put on a fresher or
any other student by students
g.
Any
act of physical abuse including all variants of it: sexual abuse, homosexual
assaults, stripping, forcing obscene and lewd acts, gestures, causing bodily
harm or any other danger to health or person;
h.
Any
act or abuse by spoken words, emails, post, public insults which would also
include deriving perverted pleasure, vicarious or sadistic thrill from actively
or passively participating in the discomfiture to fresher or
any other student.
any other student.
i.
Any the act that affects the mental health and self-confidence of a fresher or any other students with or without an intent to derive a sadistic pleasure or
showing off power, authority or superiority by a student over any fresher.
j.
Any
act of physical or mental abuse (including bullying and exclusion) targeted at
another student (fresher or otherwise) on the ground of color, race, religion,
caste, ethnicity, gender (including transgender), sexual
orientation, appearance, nationality, regional origins, linguistic identity, place of birth, place of residence or economic background.
orientation, appearance, nationality, regional origins, linguistic identity, place of birth, place of residence or economic background.
5.
Punishable Ingredients of Ragging
(i)
Abetment
to ragging
(ii)
Criminal
conspiracy to rag
(iii)
Unlawful
assembly and rioting while ragging
(iv)
Violation
of decency and morals through ragging
(v)
Injury
to the body causing hurt or grievous hurt
(vi)
Wrongful
restraint
(vii)
Wrongful
confinement
(viii)
Use
of criminal force
(ix)
Extortion
(x)
Assault/sexual
offenses/Unnatural offenses
(xi)
Criminal
intimidation
(xii)
Offenses
against property
(xiii)
Attempt
to commit any or above of the offenses
(xiv)
Any
offense flowing from the definition of ragging
6.
Consequences of Ragging
(i)
Cancellation
of admission
(ii)
Suspension
from attending classes
(iii)
Withholding/withdrawing
scholarship and other benefits
(iv)
Debarring
from appearing in exam/other evaluation processes
(v)
Withholding
results
(vi)
Debarring
the student from representing in any national, international or youth
festival.
(vii)
Suspension
from hostel
(viii)
Restriction
from the institution for a period of 1 to 4 years
(ix)
Expulsion
from an institution and barring from admission to any other institution.
(x)
Fine
up to Rs. 25,000/-
(xi)
Collective
institution
Conclusion
The primary responsibility to curb
ragging would vest with the educational institutions. There is a requirement to
active participation of media and civil society as well in controlling them. As
rightly observed by the Hon’ble Supreme Court, declaring ragging as a
cognizable offense cannot control ragging, as the students going to educational
institutions should not be subjected to live under fear of police. However, in
view of the recent impact on the students, these guidelines to curb the menace
of ragging were put in place. The court also has been ensued responsibility to
ensure that there is speedy disposal of these matters. The past memories of the adverse impact of ragging can only be wiped by strict implementation of these
laws.
Helpline details
•
Students
can call Ragging Prevention Program at 1800 180 5522. Also, they can send an
E-mail at helpline@antiragging.in
•
If
somebody wants to stay anonymous, the authorities will keep it confidential.
- WEBSITE -https://www.antiragging.in/Site/Complains_details.aspx
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