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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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