Condemning Ragging: A Futuristic Approach Today education, particularly Higher Education, serves as the lever to the great surge forward of the Indian nation. College life is considered very important in every bodys life because it not only determines the future of a person but also is a time when most students understand the realities of life. But, do all students enjoy their campus life? When a student joins a college he has many dreams, hopes and desires to fulfill. He does so with a new enthusiasm and a new strength. But no student enjoys his campus life at least till the end of his first year. This is mainly because of ragging. What is ragging? Is it important to a freshmen student? Is it merely a college ritual? What are the measures to be taken to bring this inhuman practice to an end? What does law has to say regarding it? This paper is the essence of our understanding of ragging as a phenomenon and its possible solutions as we see them today. We have divided paper in four broad heads: · Meaning of Ragging. · Societys perception about ragging · Legal Aspects · Suggestions and Recommendations. Meaning Of Ragging Ragging means causing, inducing, compelling or forcing a student, whether by way of a practical joke or otherwise, to do any act which detracts from human dignity or isolates his person or exposes him to ridicule or to forbear from doing any lawful act, by intimidating, wrongfully restraining, confining or injuring him or by using criminal force to him or by holding out to him any threat of such intimidation, wrongful restraint, confinement, injury or the use of criminal force. In plain English, it means plain bullying a new student. Ragging can be in verbal, physical or sexual form. The forms may vary from one place to another, but the greatest common factor is the creation of an environment of constant fear and intimidation for freshers. Those who rebel against it are ostracized. The Supreme Court of India in May 2001, in response to a PIL (Public Interest Litigation) filed by the Vishwa Jagriti Mission defined ragging, which has been widely used in framing anti-ragging laws and rules by state governments and educational institutions. It is defined as: Any disorderly conduct whether by words spoken or written or by an act with the effect of teasing, treating or handling with rudeness any other student, indulging in rowdy or in-disciplined activities which causes or is likely to cause annoyance, hardship or psychological harm or to raise fear or apprehension thereof in a fresher or a junior student or asking the students to do any act or perform something which such student will not do in the ordinary course and which has the effect of causing or generating a sense of shame or embarrassment so as to adversely affect the physique or psyche of a fresher or a junior student. The cause of indulging in ragging is deriving a sadistic pleasure or showing off power, authority or superiority by the seniors over their juniors or freshers. Reality of the Myths Prevalent in the Society The whole concept of ragging is based on two major superstitious beliefs about ragging. First that it has a positive effect on the personality of the fresher and secondly that it helps in the interaction between the seniors and freshers. The most important problem encountered while trying to build a consensus against ragging is the social denial that accompanies any mention of the ill effects of ragging. The level of ignorance among the general public about its existence, effects and presence of a framework to deal with it is startling, to say the least. Most people think ragging is mild involving verbal interaction or having freshers do funny acts for a laugh. A darker side of ragging is widely prevalent in hostels and in outlying colleges. Here the practice of ragging revolves around cases of emotional harassment, sexual and physical abuse. Ragging incidents have included stripping of all clothes, public sexual acts to the extent of sexual intercourse & sodomy. Ragging takes its worst form when freshers are mercilessly beaten, asked to take drugs, made to work for long duration and forced in rules such as not removing shoes for months. Ragging as such is not the right method of breaking the ice between the seniors and freshers and to develop friendship between them. Ragging is an archaic method of interaction with several harmful effects. This is also wrong to say that severe ragging is not prevalent anymore. It is widely prevalent in most of the colleges. Nothing speaks louder than 25 cases of suicide due to ragging in the last seven years. The problem is endemic and very difficult to police. The worst cases occur in hostels, behind closed doors and late at night. Fear of reprisal, mass intimidation and shame or embarrassment at the incident makes freshers reluctant to approach authorities. The attempts of colleges fall way short of the basic expectations in dealing with ragging incidents generally due to fear of student mobs and loss of reputation. Ragging is more of a psychological problem than anything else. Impact Of Ragging A lot of debate on ragging is hinged on its apparent harmlessness and fun nature. Deterimental effect on mental health leads psychological disorders and depression. Even though some freshers may not be driven to a psychologically unstable state immediately, the emotional scars of physical and sexual ragging are bound to affect the mental stability of the victim. The various outcomes of ragging clearly show that it is a menace to the society. The instances of deaths and grievous injuries to the students are extremely disturbing. We also see that victims flee from colleges due to ragging, which is a challenge to a merit based system of admission. Cases of mental health problems are another representative and indicate long term and subtle mental instabilities a victim may experience in life. Finally, the violence and indiscipline ragging creates in the college inhibits the efficient delivery of education in colleges, which is their main purpose. Ragging has resulted into forceful initiation of countless thousands towards smoking, alcohol and drugs abuse. It destroys career of many. Every time in newspapers we come across the cases of various students running away from college, getting horrified and at last committing suicide. Is this the future of a student? What about his desires, his parents who take so many pains in making him study. Is this the bright future they dreamed of? Suicide is not only the suicide of that particular person but of his family, hopes, emotions and desires. Legal Aspect Prevention of ragging is the foremost aim of the legal authorities and courts. Many circulars and guidelines have been issued from time to time condemning ragging as a Human Rights violation. Accepting some recommendations of the Raghavan Committee (setup to study ragging in Indian colleges and suggest solution measures), the Supreme Court of India issued an interim order. However, there are no clear guidelines on how to deal with ragging seniors, in case of complaint and substantial evidence. There are multiple parties involved including college authorities, police, parents, students and student bodies. The sympathy of the parents, the society and student bodies lie more with the seniors than the ragging victims. The role of police is unclear and adhoc. There is a possibility of strikes and hooliganism in support of ragging perpetrators. The nature of incidents in ragging comprising of physical injury, sexual abuse and subjugation, comprises of criminal offence according to the judicial system of India. The ragging seniors are above 18 years of age and cannot be considered juvenile. Some of the States have acted by enacting legislations and making ragging as defined therein a cognizable and punishable offence. Nonetheless, merely making it a cognizable criminal offence cannot cure ragging. College authorities and functionaries are now responsible for maintaining a ragging-free environment in the college. Parents and/or college authorities in ragging cases can also lodge FIRs. Educational institutions that fail to curb ragging could be disaffiliated or loose financial assistance. 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. Many states have also passed laws against ragging. But unfortunately, college authorities are not willing to accept their role and responsibility. Tamil Nadu became the first state in the country to officially ban the menace of ragging by passing a bill in the state assembly. The Prohibition of Ragging Act, 1996 was passed. Tamil Nadu government had earlier issued the Prohibition of Ragging Ordinance in the same year. The Kerala government passed the Kerala Prohibition of Ragging Act, 1998. The Act of Kerala states that the students if found ragging directly or indirectly or abetting within or without educational institution are liable for imprisonment for a term which may extend upto two years with a fine which may be upto Rs 10,000. Depending upon the severity of the case, the guilty can be either suspended or dismissed and can also be debarred from gaining admission in any institution for five years. The Maharashtra government passed Maharashtra Prohibition of Ragging Act, 1999. It said "Ragging means display of disorderly conduct, doing of any act which causes or is likely to cause physical or psychological harm or raise apprehension or fear or shame or embarrassment to a student in any educational institution." The West Bengal government also passed the Prohibition of Ragging in Educational Institutions Bill in the year 2000. With the new resolution, ragging will be liable to a fine of Rs 5000 or two years of rigorous imprisonment or both. Offenders may also be expelled from their institutions without any scope for re-admittance. On the same lines, the government of Gujarat appointed a three-member panel, aimed at advising the government to help enact an Act on the lines of the Anti-Ragging Act in the state of Maharashtra. Following the efforts of the above states, other states also took initiatives to curb this menace. The Supreme Court comprising a bench of Justice Arijit Pasayat and Justice H.S. Kapadia in the case of University of Kerala v. Council, Principals, Colleges, Kerala & Ors., (May 2007) directed the educational institutions as well as the Union and state governments to take anti-ragging measures, while approving recommendations of the government-appointed committee, headed by former CBI director R.K Raghvan. The Raghvan Committee had recommended that the failure on the part of the institutions in filing the First Information Report should be construed as negligence on the part of the institutions, for which the government can consider stopping financial aide to it. Approving elimination of ragging in educational institutions through exemplary and harsh punishment, the bench said that in the cases where a victim or his guardian is not satisfied with the action taken against ragging, the institution must file an FIR. Students or their guardians could also directly approach the cops for registration of an FIR, the court said. The bench also approved committee's recommendation for stern penalties including expulsion of students accused of ragging and establishment of state-level anti-ragging committees all over the country. In addition to this, judges said that a new section should be added to the IPC, making ragging a punishable offence on the analogy of Section 498 A, dealing with cruelty towards women. Not just ragging but also abetment to ragging, criminal conspiracy to rag, causing injury, wrongful confinement, use of force, assault, as well as sexual offences would have to be included in the comprehensive definition of ragging under the proposed new section of the IPC. The committee had said that ragging is an offence with a multiplicity of ingredients, each of which constitutes an offence punishable under existing provisions of the IPC. Seeking an important change in the law that the burden of proof should lie on the accused rather than the victim in ragging cases, the court empowered victims or their families to get a FIR registered. The bench, headed by Justice S H Kapadia, ordered that criminal cases involving ragging be tried on a fast-track basis to ensure there are no delays keeping in mind the academic interests of the students. For which, an amendment in the Criminal Procedure Code is called for, it said. Bringing in a uniform law to ban ragging across the country can further help in this regard. Apart from this a Prohibition-Prevention-Punishment approach should be adopted as per the suggestions made by the R.K. Raghavan Committee. Are Colleges following Supreme Court Directives? The Supreme Court called for a number of measures. But the question, which arises here, is that whether the educational institutions follow these directions and if they do, then are they making efforts to reduce the incidences of ragging. All the educational institutions are supposed to have an anti-ragging cell, body or faculty assigned. Admission forms are supposed to have a section that mentions that ragging is a punishable offence, with signatures required from students as well as parents. Failure to curb ragging and spread awareness about its dehumanizing effect is considered an act of negligence on the part of the institution, the principal, hostel wardens and the faculty. Hostels are to be carefully guarded. Why Ragging Still Continues? In a country that professes to value respect for elders, teachers and the act of learning, it is surprising how ragging continues to be flaunted as part of the educational system. Ragging will persist as long as students, parents, educational institutions and the general public tolerate it. It is clear that ragging is a criminal problem, which has psychological roots and a social ignorance around it. Today, it is not enough to explain what ragging really is, but to stand against this evil. It is somewhat like dowry in its characteristics i.e. it the magnitude of the problem is so humongous that a top-down law enforcement approach may not be adequate to solve it. Unfortunately, ragging does not have a quick-fix solution. The precarious claws of this social evil have gripped the society to such an extent that the existent laws including IPC and CrPC are incapable of eradicating it. The scourge of ragging which corrodes the vitals of our society needs to be curbed, which is not possible simply by passing a law or even implementing it. Authors Suvigya Saxena & Vasudha Tamrakar National Law Institute University Bhopal This Article can be reached at ssrn.com... .
Ragging News <[EMAIL PROTECTED]> wrote: [http://www.indlawnews.com/2C5E00740AC90EEBFEB206595CDA585D] Link to report 29 October 2007 The Supreme Court has directed University Grants Commission (UGC), All India Council of Technical Education (AICTE) and Medical Council of India (MCI) to file their action taken report within four weeks, detailing the steps taken by them to check the menace of ragging in educational institutions . A bench comprising Justices Arijit Pasayat and Lokeshwar Singh Panta, also refused to entertain an application seeking relaxtation in the condition of having 75 per cent attendance for contesting students union elections in a university or a college. The court told the applicant, " you were given admission for studying and not for indulging in politics at behest of major political parties. You don't want to attend classes but want to indulge in politics and such a situation can not be accepted ." Earlier, while issuing guidelines for checking the menace of physical and emotional torture of freshers in the name of ragging , the apex court had made it clear that " we want students and not goondas in university campus." (UNI) -- Posted By Ragging News to Ragging News from Indian Colleges - www.noragging.com at 10/30/2007 09:44:00 AM --------------------------------- 5, 50, 500, 5000 - Store N number of mails in your inbox. Click here.
