Analyzing Ragging In Medical College And Hostel
Author: LawSphereX
Category: General Law
Published:
Updated:
ANALYZING RAGGING IN MEDICAL COLLEGE AND
HOSTEL
Neha Meera Singh, Thakur Ramnarayan College of Law
ABSTRACT
The idea of this study is to find out the thoughts of the students in case of ragging and to analysis the statistic of the ragging occurs in India throughout the years in medical colleges and hostels. Although India has the strong and clear law guidance but, in few cases, it is still lacking which is ragging. This research will also enhance the knowledge of the students in the matter of prohibition of ragging. It will also try to state the problems due to which ragging is taking place in the medical colleges. And also, why it is important to study prior about the Act and the punishment against the ragging and try to encourage victims to stand and fight for their rights which is violated. The research will also discuss some of the important cases regarded ragging which bring changes in the laws for prohibition of ragging.
Some of the act which protects the student from being ragged such as Maharashtra Prohibition of Ragging Act, 1999. How we can prevent ragging from take place in colleges and hostels.
INTRODUCTION:-
Ragging is one of the most frequent crimes all over India. The number of ragging are decreasing now a days but it does not give satisfaction to the university authorities because the number of ragging case register in 2023 is more than 500. The University Grants Commission (UGU) are giving more attention to create awareness against ragging but the cases of ragging are mostly register after it caused extreme affect to one’s life and mild cases are very rarely registered. Ragging does not only affect the life of victim but also to the person around it. Ragging is mostly happened in hostel than the colleges. Ragging is used by the senior to show their namesake power over the freshers or junior.
1Ragging means any conduct whether by words spoken or written or by an act which has the effect of teasing, treating or handling with rudeness any other student indulging in rowdy or undisciplined 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 and asking the student to do any act or perform something which such students will not 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 UGC is taking steps to control ragging like filling the anti-ragging form before the admission, creating awareness about consequences and where to report, encouraging students to raise voice against it etc.
Even after taking such steps the ragging is still take place in hostels and colleges. Ragging can be in the different form, the initial stage can be pocket-picking, verbal abuse, few mild dares, etc. bullying is also a form of ragging only which are bearable in nature thus they are not register but it gives encouragement to them (the senior) for their wrong actions. The extreme ragging is making them roam naked, urine in front of others, physical assault, forcing them to consume intoxicating things and sometime even sexual assault also. This extreme case of ragging causes the student to attempt suicide, depression, mental imbalance, lifelong threat and fear etc. and few ragging are the reason for one’s death. There are many fields of education or professional course were ragging take place such as engineering, medical, hotel management, etc.
Here in this research, we will concentrate on 1 Clause(g) of Sub-section (1) of Section 26 of the University Grants Commission Act 1956, 29/10/2023
ragging in medical colleges and hostels. It is an unbelievable fact that medical college and hostels gives an equal contribution in aggerate number of ragging.
OBJECTIVES:-
1. To analysis the situation of how students can tackle the act of ragging in their life.
2. To check the information of student regarding logging the complaint against ragging.
3. To investigate ragging happening in medical colleges or hostel.
4. To create awareness and knowledge among the medical student the seriousness against
ragging.
5. To analysis the numbers of ragging take place in India in few years.
6. How to help or encourage students to come in light about the ragging without fear.
STATEMENT OF PROBLEM:-
Now-a-days, despite of all the prevention taken before admission in college for ragging. The offenders are still indifferent to the punishment and the victim are also indifferent to their rights against it due to their lack of awareness and fear. • 2In India, many of the student doesn’t know that if the college authorities are not taking action against ragging were to register complaint and few of them doesn’t register against in the fear that their future career will be in danger due to the FIR of ragging and the question rises that if they complaint will they able to concentrate at the study during the case. Also, there are few matters of ragging which are suppress by the authorities to protect their reputations despite complaining the UGC. The process of UGC helpline number is usually of not useful as it also refers the complaint back to the principal of the institute.
• There is no college blacklisting in the case of ragging even if there are numerous 2 https://news. careers360. com/why-ragging-persists-in-medical-dental-colleges-india-mbbs-bds-ugc-nmc-antiragging-policy, 2/11/2023
complaints registering from that college or even after some suicide case due to ragging. Usually, the punishment is to rusticate the offender but sometimes due to the influence the case can be drop against them. 3 • The forceful withdrawal of the cases by the parents of the victims, despite their child has suffered in the vicious crime ragging few parents due to reputation and respect in societies withdraw the cases this act of the parent’s impact very negative in the life of the victims. The parents consider to transfer the child to other school like a coward then fighting like a tiger. Some parents are not taking interest what is happening in their children life and ignore the matter. • Some where it is also like the tradition follow by the senior then the juniors, they had that primitive thought process that I have suffered then you will also suffer.
They start justifying their act like if they are giving some dare, they are like I am preparing you to face the cruel world in future.
IMPORTANCE OF AWARENESS:-
Awareness is one of the most effective methods to control ragging in colleges and hostels. • Student who does not know ragging and their punishment how will they fight for their right. • It is very important to aware students about ragging from starting schools only so the they understand this wrongful act in early age only so in future it will give them courage to stand and fight against it. • Awareness about ragging will also include the punishment given to the offender so the student in the fear will not perform ragging in their institute and there will not be any potential offender of ragging. • Parents must also be given psychological seminars in which they must be explain the https://news.careers360.com/why-ragging-persists-in-medical-dental-colleges-india-mbbs-bds-ugc-nmc-antiragging-policy, 2/11/2023
symptoms or changes in the children behavior if there are any involvement in ragging or being the victim of the ragging. This awareness can help student to reach out for help and encourage from their parents. • They must aware the student and their parent that it is not shameful to be a victim of ragging and also encourage them to fight against it in future even if it is not happening to you. • It can also help them to help other victim who are in fear and hiding the wrongful act of the seniors. If one of the victims came into light other will also have the courage.
PUNISHABLE INGREDIENTS OF RAGGING:-
4assistance in ragging • criminal plot to use rags • Unlawful assembly and rioting while ragging • an offense against morality and decency through ragging • bodily injury resulting in pain or severe pain Unwise constraint • Unlawful detention • Using unlawful force • Repression • Sexual offenses, assault, and abnormal offenses • intimidation by criminals • Crimes involving property
4 Clause(g) of Sub-section (1) of Section 26 of the University Grants Commission Act 1956, 1/11/2023
Try to carry out any or all of the offenses listed above. • Any offense resulting from how ragging is defined • Any physical and mental humiliation
PUNISHMENT FOR RAGGING:-
5The following are possible penalties for those found guilty of ragging at the institution level, based on the kind and seriousness of the offense as determined by the institution's Anti-Ragging Committee: • Academic privileges and attendance prohibitions. • Removing or withholding fellowships, scholarships, and other benefits Refusing to participate in any test, examination, or other assessment procedure • Withholding results. • Refusing to represent the organization in any youth festival, competition, meet, regional, national, or worldwide. • Removal or suspension from the hostel. • Admissions cancellation. • Dismissal from the school for a term of one to four semesters. • Expulsion from the organization and ensuing prohibition from being admitted to any other organization for a predetermined amount of time. • A fine that could be anywhere from Rs. 25,000 to Rs. 1 lakh.
• Collective punishment: The institution will use collective punishment if the individuals who are ragging or aiding and abetting the crime are not found.
5 Clause(g) of Sub-section (1) of Section 26 of the University Grants Commission Act 1956, 1/11/2023
REVIEW OF LITERATURE:-
• NAVARASU AND JOHN DAVID CASE (1996)
6David and Navarasu was studying together in Raja Muthiah Medical college senior first year course of MBBS and junior first year course of MBBS respectively. Navarasu’s father was waiting for his son to return home during Diwali vacation but he didn’t come so he called the hostel. He was informed that his hotel room was locked and after broken upon, that his belonging was their but he was missing. After investigation it was found that the accused John David took away Navarasu and started to rag him very viciously in his hostel room. When David wasn’t able to dominant Navarasu he caused head injury to him and when Navarasu was lying unconscious, David chopped his head and limbs with the help of stainless-steel knives and removed all his accessories. He also threw his body part in different place and destroy the evidence and caused him death.
After his confession of doing such gruesome act, the court held him guilty under Sections 302, 201, 364 and 342 IPC and convicted and sentenced him to undergo imprisonment for life under Sections 302 and 364 IPC, rigorous imprisonment for one year under Section 342 IPC, and rigorous imprisonment for seven years and to pay a fine of rupees one lakh and in default to undergo rigorous imprisonment for twenty- one months under Section 201 IPC.
• THE AMAR KACHROO CASE (2009)
7Amar Kachroo used to study at Dr. Rajendra Prasad Medical College in Himachal Pradesh. He filled complaint against ragging just a day before his death. In his complaint, he claimed that four senior Ajay Verma, Naveen Verma, Mukul Sharma and Abhinav Verma were drunk and gather around thirteen first year student and asked them to slap and hit each other. After sometime he refused to do so then Ajay Verma slapped him seven times. He also said that this carried on till 4 am. The next morning, he suffered for head injuries during the ragging due to which he died.
They were held guilty under Sections 304 II (culpable homicide not amounting to murder), 452 (house-trespass after preparation for hurt, assault or wrongful restraint), 34 (common intent) and 342 (wrongful confinement) of the Indian Penal Code (IPC) by Purinder Vaidya, additional district and sessions judge, in Dharamsala, after 20 months of trial. a penalty 6 John David vs Inspector of Police Annamalai Nagar Police Station, Chidambaram/Cuddalore District (2002) 1 LW(Cri) 145, 4/11/2023 7https://timesofindia. indiatimes. com/india/medical-student-killed-in-ragging/articleshow/4247603. cms, 15/11/23
of Rs.90,000 each was imposed by the court in 2010 and spent three years and five months in jail before the state government waived their remaining seven-month jail term in August last year.
• THE PAYAL TADVI SUICIDE CASE (2019)
8Payal Tadvi was perhaps the first woman to persuade medicine and got admission in medical College in her community (Bhil ethnic group). She completed her graduation degree from a medical College in Jalgaon. she got admission in BYL Nair hospital for post-graduation in gynecology. But the three seniors Hema Ahuja, Bhakti Mehare and Ankita Khandelwal started to torment, rag and taunt her for securing admission due to reservation of her community. The three seniors had created a WhatsApp group with their juniors including Payal Tadvi and harass them in it. They threatened her that they will not allocate her clinical work for her next semester. On May 22nd, she ended her life. She left the suicide note in which she described the ragging had subjected to her and mentioned the name of three seniors as responsible for her death.
In the note she also mentioned that she was not able to bear such torture and torment on daily basis and therefore commitment suicide. After investigation they found that other juniors were also the victim of ragging by those three seniors. The Mumbai police had subsequently booked the accused doctors under the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, Maharashtra Prohibition of Ragging Act, abetment of suicide, destruction of evidence and common intent under the Indian Penal Code. They were arrested and but due to lack of evidence as suicide note was in form of photo and the original was not found. They were later released on bail by the Bombay High court with some conditions that their medical license will be revoked till the completion of the court proceedings.
They appealed to the supreme court after that the supreme court not only cancelled revocation of license but also allowed them to complete their pending studies in the same hospital BYL Nair hospital under " court impose restrictions".
RESEARCH METHODOLOGY:-
To analysis the awareness and the view of students studying in medical college, I have used primary method data collection. 8https://thewire.in/law/payal-tadvi-suicide-case-supreme-court-allows-accused-doctors-to-pursue-highereducation 15/11/23
I tried to collect primary data using questionnaire method. I created a google form of five basic question which is co-related to ragging and shared with some medical students. Their personal information was not asked to mention. • For their answers I made valid assumptions and tried to draw certain conclusion to the research. Assumptions are also made by using some secondary sources also.
RESEARCH QUESTIONS:-
FROM THIS ANALYSIS, I TRIED TO FIND ANSWERS TO THE FOLLOWEING
QUESTIONS: -
i. What are the view of the medical students related to the law against ragging in India? ii. Whether they have the proper knowledge of where to complaint the case against ragging or not? iii. Whether the prevention measures are really preventing ragging in premises of medical college or hostel?
BASIC SURVEY ON RAGGING:
• DETAILS ABOUT RESEARCH METHOD USED:-
i. To collect data for this survey, I have used the ‘QUESTIONNAIRE METHOD’. ii. I basically prepared 5 questions in google form and shared them to the medical students
of different institutes which are co-related to ragging. iii. The answers were in yes or no form so it will be easy for them answer the questions. iv. From their answer, I tried to draw some valid assumptions and reached with certain conclusion.
• QUESTION ASKED IN SURVEY:-
i. Have you ever being a victim or seen any act of ragging?
ii. Do you think ragging rules are stringent in India? iii. Do you know where to complain if college officials are not responding to your complain? iv. Do you think the prevention measures taken to control ragging is effective? v. Is ragging a lenient matter in you P.O.V.? vi. In case if where a victim of ragging will you fill case fearlessly?
• RESULT OF THE SURVEY:-
SR. NO.
QUESTIONS ASKED TO
OUT OF THE
OUT OF THE
STUDENTS
FOLLOWING
STUDENTS
FOLLOWING
NO. OF
STUDENT
ANSWERED
NO. OF
STUDENT
ANSWERED
THE STUDENTS
NO
Have you ever been a victim or seen any act of ragging?
YES
Do you think ragging rules are stringent in India?
In case if where a victim og ragging will you fill case fearlessly?
OBSERVATION DRAWN FROM THE ABOVE SURVEY:-
i. From this survey, I tried to observed the basic information or opinion of the medical student regarding ragging like if they have experience or witnessed the act of ragging or whether the preventive measures are really preventing ragging, their awareness about complaining ragging other than their institute, their opinion on the laws of ragging or whether ragging is lenient matter from their point of view. ii. Among 10 students, there are 3 student who have witnessed or been victim of ragging so approximately, 30% of medical student out of 100% have witness or been the victim of ragging. The percentage can be more of less but we can roughly analysis the statistic here. iii.
6 students out of 10 students think that the laws for ragging is not strict enough in
India maybe due to the lenient punishment or due to the influence ragging offender can be released from offence like the Payal Tadvi suicide case mentioned above. iv.
4 out of 10 students does not even know that where to complaint about ragging in
case the institute doesn’t help. It can be due to the lack of awareness and knowledge regarding ragging in students. The reason can also be the uncaring nature of the students now-a-days regarding serious matter like this. v.
5 out of 10 students thinks that the prevention methods are not effective. This means
the students who thinks prevention methods are effective are as equal to those who are against this thought. Probably the students who thinks that it is not effective due the cases which are register for ragging and the students who think it is effective may be due the decreasing rate of ragging in India. vi. 9Most of the students thinks that it is not a lenient matter and those who think that it https://news.careers360.com/why-ragging-persists-in-medical-dental-colleges-india-mbbs-bds-ugc-nmc-antiragging-policy 17/11/2023
is lenient matter will be due to other more serious crime we should focus on and also some of them think it prepare them for the cruel world in future. But in my opinion, it is not a lenient matter but it can also decide the future of many. Those who been victim of ragging probably has the problem of anxiety, depression and fear in them for their entire life. vii. There are 3 students who will have hesitation in registering complaint against ragging maybe due fear that their future career will be in danger due to the FIR of ragging and also the question rises that if they complaint will they able to concentrate at the study during the case. They also fear their parents’ and society reaction to it and think to bear the torture of ragging. These are some assumptions and conclusion I have come across this survey.
During this survey came to observation there are lack of awareness but also lack courage in few students regarding their parents and society reaction.
SURVEY OF NO. OF RAGGING IN MEDICAL COLLEGE (2017-2019):-
no. of ragging in medical college
10As per the above graph: In year 2017 the number of cases register are 173 excluding the unregister cases despite the strict punishment against ragging. In the year 2018, the number of ragging cases register was around 170 which is less than the last year. In the year 2019, the number of ragging registers was 181 i. e. , more than the last year and highest among the above years. In 2020 and 2021 the cases register of ragging was 50 and 199 respectively despite the lockdown and the online classes. In 2020, it was the start of lockdown and the colleges were also close so the registration is very minimal, but as the year 2021 begins and online class was introduced the new form of ragging was taken place like the cyberbullying and online harassment thus the increase in number in 2021. In 2022 the number of the cases register were 54 are comparatively very less after many years.
• In present year, the survey is not yet done so it is still unknown but seen the news of ragging in news the number will wildly increase since the previous year.
COMMITTES AND THEIR FUNCTIONS:-
11THE ANTI-RAGGING COMMITTEE: The Head of the Institution will chair the Anti-Ragging Committee, which will be made up of representatives from the teaching staff, parents, freshmen students, seniors, and other staff members. It will keep an eye on the institution's anti-ragging initiatives, take into account the Anti-Ragging Squad's suggestions, and make the necessary judgments, including determining the appropriate penalties for those found guilty. • THE ANTI-RAGGING SQUAD: The Anti-Ragging Squad will be composed of people from the various campus communities and will be nominated by the institution's head with any representation deemed essential. The Squad will be responsible for patrolling, supervision, and vigilance. It must always be mobile, vigilant, and active.
It has the authority to investigate possible ragging hotspots and conduct surprise raids on hostels and other popular locations. The Squad will look into ragging instances, provide suggestions to the Anti-Ragging Committee, and operate under the Committee's general direction.
10 https://www.amanmovement.org/clgwiserprt.php 12/11/23
11 Clause(g) of Sub-section (1) of Section 26 of the University Grants Commission Act 1956 18/11/203
MONITORING CELL ON RAGGING: If the organization is an affiliating college, it shall have a Monitoring Cell on Ragging to coordinate with the establishments affiliated to it with the aid of using calling for reviews from the Heads of such establishments concerning the sports of the Anti-Ragging Committees, Squads, and Mentoring Cells, concerning compliance with the commands on engaging in orientation programmes, counselling sessions, , and concerning the incidents of ragging, the troubles confronted with the aid of using wardens and different officials, etc.
This Cell shall additionally overview the efforts made with the aid of using such establishments to publicize anti-ragging measures, cross-confirm the receipt of undertakings from candidates/college students and their parents/guardians each year, and will be the high mover for beginning motion with the aid of using the college government to certainly amend the Statutes or Ordinances or Bye-legal guidelines to facilitate the implementation of anti-ragging measures at the level of the institution.
CONCLUSION:-
This research is basically analyzing the status of ragging in medical college and hostel and whether there is awareness among the students or no, to distribute knowledge about the rules and regulations against ragging in India. During this research I came across that ragging is common in medical College despite being a professional course. Ragging should be seen as a serious issue as it not only spoilt the life of students it also affects people surrounding them. • The no. of ragging register in medical college and hotel in India will probably equals to the no. of ragging unregister. The reason can be the pear pressure, societal pressure, fear for their future and studies, fear that if the institute authorities will ignore their case etc. The offenders are often committing ragging in the pear pressure for example, one friend is in the act then he will pressure his/her friend to do so.
Now-a-days, students are mostly aware of their rights in case of ragging but the fear make them weak. Ragging is an act done by senior to proof their Supremacy on junior. In this supremacy they cross their limits and harm them physically and mentally beyond their bearing power and hence the reason for their suicide is indirect the seniors who ragged them. • There are some committees and laws against ragging but it is not enough because the
committees can only know ragging is taking place in the college if student fearlessly complaint about it.
REFERENCES
BIBLIOGRAPHY-
Clause(g) of Sub-section (1) of Section 26 of the University Grants Commission Act 1956 John David vs Inspector of Police Annamalai Nagar Police Station, Chidambaram/Cuddalore District (2002) 1 LW(Cri) 145 WEBLIOGRAPHYhttps://news. careers360. com/why-ragging-persists-in-medical-dental-colleges-india-mbbsbds-ugc-nmc-anti-ragging-policy, 2 Nov, 2023, 18:30. https://news. careers360. com/why-ragging-persists-in-medical-dental-colleges-india-mbbsbds-ugc-nmc-anti-ragging-policy, 10 Nov, 2023, 21:17. https://timesofindia. indiatimes. com/india/medical-student-killed-inragging/articleshow/4247603. cms, 8 Nov, 2023, 17:42. https://thewire. in/law/payal-tadvi-suicide-case-supreme-court-allows-accused-doctors-topursue-higher-education, 11 Nov, 2023, 23:19. https://news. careers360. com/why-ragging-persists-in-medical-dental-colleges-india-mbbsbds-ugc-nmc-anti-ragging-policy, 30 oct, 18:56.
https://www. amanmovement. org/clgwiserprt. php, 2 Nov, 2023, 18:53.