Anti-Ragging Laws in India

Ragging is the term used for the so-called “initiation ritual” practiced in higher education institutions in South Asian countries, including India, Pakistan, Bangladesh and Sri Lanka. The practice is similar to hazing in North America, bizutage in France, praxe in Portugal and other similar practices in educational institutions across the world. Ragging involves abuse, humiliation or harassment of new entrants or junior students by their seniors. It often takes a malignant form wherein the newcomers may be subjected to psychological or physical torture. In 2009 the University Grants Commission of India imposed regulations upon Indian universities to help curb ragging, and launched a toll-free ‘anti ragging helpline’.

The objective of this exercise is said to be increasing the friendship among batch mates. It has become increasingly unpopular due to several complaints of serious injury to the victims and stringent laws pertaining to ragging. Ragging is now defined as an act that violates or is perceived to violate an individual student’s dignity.

A high-level committee in 2009, which probed the death of AmanKachroo, revealed that alcohol was the main reason leading to serious form of ragging and violence in the campus.

A report from 2007 highlights 42 instances of physical injury, and reports on ten deaths purportedly the result of ragging. Ragging has reportedly caused at least 30–31 deaths in the last 7 years. In the 2007 session, approximately 7 ragging deaths have been reported. In addition, a number of freshmen were severely traumatised to the extent that they were admitted to mental institutions. Ragging in India commonly involves serious abuses and clear violations of human rights.

However, the Anti-Ragging NGO, Society Against Violence in Education (SAVE) has supported that ragging is also widely and dangerously prevalent in Engineering and other institutions, mainly in the hostels.

A National Anti-Ragging Helpline was created which helps the victims and take action in cases of ragging, by informing the Head of the Institution and the local police authorities of the ragging complaint from the college. The main feature of the helpline is that the complaints can be registered even without disclosing the name by the victim, through email at [email protected], or through phone at 1800-180-5522

UGC Regulations in 2009: In 2009, in the wake of AmanKachroo’s death, University Grants Commission (UGC) passed UGC REGULATION ON CURBING THE MENACE OF RAGGING IN HIGHER EDUCATIONAL INSTITUTIONS, 2009. These regulation mandate every college responsibilities to curb the menace of ragging, including strict pre-emptive measures, like lodging freshers in a separate hostel, surprise raids especially at nights by the anti-ragging squad and submission of affidavits by all senior students and their parents taking oath not to indulge in ragging.

Subsequently, UGC has made few amendments to the Regulations. As per these,

  1. It is no longer required to get the verification of the affidavit done by an Oath commissioner.
  2. The definition of Ragging is updated as:

– “Any act of physical or mental abuse (including bullying and exclusion) targeted at another student (fresher or otherwise) on the ground of colour, race, religion, caste, ethnicity, gender (including transgender), sexual orientation, appearance, nationality, regional origins, linguistic identity, place of birth, place of residence or economic background.”

Anti-ragging movement

With the situation of ragging worsening yearly, there is emerging a spontaneous anti-ragging movement in India. Several voluntary organisations have emerged, who conduct drives for public awareness and arrange for support to victims.

Online groups like Coalition to Uproot Ragging from Education (CURE), Stopragging, No Ragging Foundation became the major Anti Ragging groups on the Internet. Among them, the No Ragging Foundation has transformed into a complete NGO and got registered as Society Against Violence in Education (SAVE) which is India’s first registered Anti Ragging non profitorganisation (NGO). These groups are working on issues related to ragging. Each of them is running anti ragging websites and online groups.

The Indian media has been playing a crucial role by exposing ragging incidents and the indifference of many concerned institutions towards curbing the act. The Supreme Court of India has directed, in its interim judgement, that action may be taken even against negligent institutions.

Anti Ragging Laws in India:

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.

List of states who have legislation on ragging:

  1. Andhra Pradesh
  2. Maharashtra
  3. Karnataka
  4. Uttar Pradesh
  5. Chandigarh
  6. Tripura
  7. Tamil Nadu
  8. Assam
  9. Kerala
  10. West Bengal
  11. Goa
  12. Jammu and Kashmir

The Central Legislations which check 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 institute specific regulations ( i.e. AICTE, MCI)
Indian Penal Code, 1860

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:

  1. 294 – Obscene acts and songs
  2. 323 – punishment for voluntarily causing hurt
  3. 324 – voluntarily causing hurt by dangerous weapon or means
  4. 325 – punishment for voluntarily causing grievous hurt
  5. 326 – voluntarily causing grievous hurt by dangerous weapon
  6. 339 – Wrongful Restraint
  7. 340 – Wrongful Confinement
  8. 341 – Punishment for Wrongful Restraint
  9. 342 – Punishment for Wrongful Confinement
  10. 506 – Punishment for culpable homicide not amounting to murder
UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009

These regulations were passed by the University Grants Commission in the year 2009 to curb the menace of ragging in the Universities in India.

Regulation 6 talks about the measures for prevention of ragging at the institution level. It lays down the steps an institution has to follow during the admission and registration process. A student during the admission 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.  Also, the institution has to publish the names and contact numbers of Anti-ragging committee of the university.

Affidavit by students and parents: Each student and his/her parents/ guardian shall have to furnish an affidavit alongwith the application form to the effect that they will not participate in or abet the act of ragging and that, if found guilty, shall be liable for punishment under the penal law of India.

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 an y time.

Regulation 6.3 says that 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 fresher’s 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 ; and also to 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.

Regulation 7 lays down that on receipt of any information concerning any reported incident of ragging, the Head of 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.

Regulation 9 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.

Punishment for Participation in/or Abetment of Ragging :

  1. Cancellation of admission.
  2. Suspension from attending classes.
  3. Withholding/withdrawing scholarship/fellowship and other benefits.
  4. Debarring from appearing in any test/examination or other evaluation process.
  5. Withholding results.
  6. Debarring from representing the institution in any national or international meet, tournament, youth festival, etc.
  7. Suspension/expulsion from the hostel.
  8. Rustication from the institution for periods varying from 1 to 4 semesters or equivalent period.
  9. Expulsion from the institution and consequent debarring from admission to any other institution.

10 Fine up to Rs. 25,000/-

Provided that whether the persons committing or abetting the act of ragging are not identified, the institution shall resort to collective punishment.

 Appeal: An appeal against the order of punishment by the Anti-Ragging Committee shall lie,

i In case of an order of an institution, affiliated to or constituent part, of a University, to the Vice Chancellor of the University.

ii In case of an order of University, to its Chancellor

iii In case of an institution of national importance created by an Act of Parliament, to the Chairman or Chancellor of the institution, as the case may be.

Andhra Pradesh Prohibition of Ragging Act, 1997

Andhra Pradesh Prohibition of Ragging Act, 1997, which is came into force from 4th July, 1997.

According to this Act, Ragging within or outside any educational institution is prohibited. The provisions of this Act shall be in addition to and not derogatory of any law for the time being in force. The summary of this Act is as follows:

Penalty for Ragging.— Whoever, with the intention of causing ragging or with the knowledge that he is likely by such act to cause ragging, commits or abets ragging and thereby,—

(i) teases or embarrasses or humiliates a student shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both; or

(ii) assaults or uses criminal force to or criminally intimidates a student shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both; or

(iii) wrongfully restrains or wrongfully confines or causes hurt to a student shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both; or

(iv) causes grievous hurt to or kidnaps or abducts or rapes or commits unnatural offence with a student shall be punished with imprisonment for a term which may extend to five years and with fine which may extend to ten thousand rupees; or

(v) causes death or abets suicide shall be punished with imprisonment for life or with imprisonment for a term which may extend to ten years and with a fine which may extend to fifty thousand rupees.

Dismissal of Student:A student convicted of an aforesaid any offence then also be punished with imprisonment for a term shall be dismissed from the educational institution.

A student convicted of an offence under section 4 and punished with imprisonment for a term of more than six months shall not be admitted in any other educational institution.

Suspension of student:Without prejudice to the foregoing provisions, whenever any student complains of ragging to the head or manager of an educational institution, such head or manager shall inquire into or cause an inquiry to be made into the same forthwith and if the complaint is prima facie found true, shall suspend the student or students complained against for such period as may be deemed necessary, and the decision of the head or manager of the educational institution shall be final.

Abetment: If the head or the manager of an educational institution fails or neglects to take action in the manner specified in the Act, such person shall be deemed to have abetted the offence and shall be punished with the punishment provided for the offence.

If a student commits suicide due to or in consequence of ragging, the person who commits such ragging shall be deemed to have abetted such suicide.

Increasing cases of ragging in India:

India has witnessed the stark 75% increase in ragging in educational institutes, the highest since 2013. While Gujarat has registered a rise of almost three-fold in 2017 than it was in 2016, the number of cases has risen to double in Karnataka, Madhya Pradesh, Bihar, and Uttarakhand.

The latest government statistics state that 901 cases of ragging were registered in the country’s colleges and universities in 2017 while such cases were just at 515 in 2016.

Gujarat recorded a total of 16 cases of ragging in 2017 against five cases in 2016 while the number of such cases in higher education institutions in Assam climbed up to 33 in 2017 from 10 in 2016.

Higher education institutions in Karnataka, which had seen 24 cases of ragging in all in 2016, recorded 49 such cases in 2017.

Dr. Sailaja. Petikam

 

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