Anti-Ragging - A Veil For Institutional Crime
Author: LawSphereX
Category: Criminal Law
Published:
Updated:
ANTI-RAGGING: A VEIL FOR INSTITUTIONAL CRIME
Aayush P. Khanvilkar, Thakur Ramnarayan College of Law, Mumbai Ruchita S. Vishwakarma, Thakur Ramnarayan College of Law, Mumbai
ABSTRACT
This paper examines the misapplications of legislative measures aimed at protecting students from ragging and bullying in Maharashtra, India. It critiques statutes like Section 2(c) of the Maharashtra Prohibition of Ragging Act, 1999, and sections of the Indian Penal Code, revealing systemic flaws that disadvantage students and lead to misuse of legal tools, resulting in offences against them. The study highlights how these misuses perpetuate societal prejudices and undermine principles of justice and equality. Through case studies and legal precedents, it illustrates how senior students and institutes exploit these laws, often to the detriment of marginalised students. The paper also discusses additional factors contributing to ragging, such as alcohol consumption in dorms and lax anti-ragging initiatives by administrations.
It proposes practical measures like strict law enforcement, alcohol bans, surprise raids, and disciplinary councils to combat ragging. Despite stringent anti-ragging procedures, instances of ragging continue to rise, underscoring the need for more comprehensive legal reforms and social interventions to address systemic injustices faced by students in educational institutions. Keywords: Indian Penal Code,1860 (IPC); Misuse; Ragging; Anti- Ragging; Educational Institutes; Penalties; Abuse; Rights; Impact; Cases; Prevention; Measures; University Grants Commission (UGC).
INTRODUCTION
During the time when education is regarded as the cornerstone of societal progress, professional progression, and personal improvement, it is critical to maintain a secure and encouraging learning environment. Anti-ragging regulations were enacted in Mumbai with the admirable goal of ending a long-standing custom that jeopardised the safety and dignity of students. As with any legal system, there could be unforeseen repercussions, though. This paper explores how anti-ragging regulations in Mumbai may be abused and how it might affect learning, education, student experiences, and eventually, future employment. Anti-ragging legislation was passed to shield students in educational institutions1 from emotional, psychological, and physical abuse. The legislation aims to foster an environment that supports learning, personal development, and pursuing one's career goals.
These regulations put safeguards in place to stop bullying, harassment, and intimidation, protecting students' safety while they pursue their education. It is imperative to acknowledge, meanwhile, that any legal tool, if incorrectly applied, may unintentionally result in abuse and unexpected consequences. In the secondary educational institution of our nation, ragging is an unsettling reality. The practice of ragging is still seen by many as a kind of "initiation into the real world" and a means of familiarity for new college students, even though it has decimated the careers of thousands of intelligent individuals as well as claimed hundreds of innocent people's lives over the years.
About ten fatal outcomes, forty to fifty cases of major injuries requiring hospitalisation, and multiple instances of rioting in educational institutions as an outcome of ragging occurring every year by year, relying solely on reports in the English media. From the degree of deception and denial, it is safe to presume that this number reflects just a tiny proportion of the entire number and that there are probably many more significant ragging-related events and unreported occurrences altogether. Even though ragging has been illegal by the government since the late 1970s2 and the Supreme Court intervened twice (1999 and 2006) to provide guidelines for its eradication, a sizable 1 SchoolDekho. (2023, May 21). The unintended consequences: Potential misuse of anti-ragging laws in India. https://www. schooldekho.
org/school/blog/details/The-Unintended-Consequences:-Potential-Misuse-of-Anti- Ragging-Laws-in-India-1110 2 Government of India, Ministry of Human Resource Development (2007), The Menace of Ragging in Educational Institutions and Measures to Curb It (Raghavan Committee Report), New Delhi.
portion of stakeholders still defend and legitimise ragging by classifying it as either severe or mild, with the latter being harmless. In fact, some people think that ragging is a necessary phase that aids in maturation and helps youths become ready for life in the real world. It is concerning because those who hold positions of authority who are able to understand and implement antiragging policies and guidelines frequently have divergent views and, as consequence, take contradictory approaches. Even though we've known for more than 30 years that ragging is an epidemic that seriously damages our educational institutions and have been searching for efficient solutions during that time, it nevertheless makes headlines at alarmingly regular intervals.
It raises concerns about our comprehension of this occurrence, especially in light of the more deep misuse of the rules and regulations made for prevention of this occurrence.
METHODOLOGY OF RESEARCH PAPER
This research article's technique is primarily descriptive and secondly empirical in nature. The majority of the content in this page comes from primary and secondary sources that are readily available. Books, journals, research articles, and websites were used in its compilation. Empirical research (Quantitative data) consists of data taken from google form made to measure the misuse of laws through real life experiences. The findings in this research apply to Mumbai specifically.
MEANING OF ANTI-RAGGING LAWS
The phrase "anti-ragging law" usually describes laws or policies implemented by governmental organisations or educational institutions to stop and deal with the practice of ragging. A type of bullying or initiation ritual known as "ragging" is frequently connected to educational institutions, especially colleges and universities. Seniors harassing or abusing junior students is common, and it occasionally takes the form of physical, emotional, or psychological assault. Anti-ragging regulations are designed to protect students' safety and welfare by outlawing and penalising such actions. These rules could stipulate harsh punishments for violators, like fines, imprisonment, expulsion, or even legal action against those found guilty of ragging.
LEGAL FRAMEWORK AND PENALTIES FOR RAGGING IN MAHARASHTRA
The Indian Supreme Court (SC) condemned ragging in 2001. But in 2009, after ragging
claimed the life of Aman Kachru, a medical college student in Dharamshala, the court ordered all educational establishments in the nation to adhere rigorously to the anti-ragging rule. The Maharashtra Prohibition of Ragging Act 1999 and its revisions control the law against ragging. The law defines "ragging" means display of disorderly conduct, doing of any act which causes or is likely to cause physical psychological harm or raise apprehension or fear or shame or embarrassment to a student in any educational institution and includes (i) teasing, abusing, threatening or playing practical jokes on, or causing hurt to, such student; or (ii) asking a student to do any act or perform something which such student will not, in the ordinary course, willingly, do.
If an educational institution or a student is found guilty under the anti-ragging statute, they face a two-year prison sentence and a fine up to ten thousands. Legal action may be taken against a college under the law if it disobeys the regulations or ignores the issue. The University Grants Commission (UGC) has set rules for student behaviour in an effort to stop ragging in colleges. These guidelines state that it is deemed ragging if a student's appearance or attire is criticised, or if their self-respect is violated. A student will also be considered to have been insulted on the basis of his/her ethnicity, caste, region, language, etc. Any assignment that is required of a student will also be considered ragging.
While some Indian states have their own laws against ragging including Maharashtra, as described in Sections 2943 which defines the punishment for obscene acts or words in public. Section 3234, 3245 and 3256 and 3267 explains punishment for voluntarily causing hurt. Voluntarily causing hurt by dangerous weapons or means respectively. Section 3398 states Whoever voluntarily obstructs any person so as to prevent that person from proceeding in any direction in which that person has a right to proceed, is said wrongfully to restrain that person. According to Section 3409, someone who unjustly confines someone in a way that keeps them from going beyond specific boundaries is considered to be "wrongfully confining" them.
3 Indian Penal Code 1860, S. 294
4 Indian Penal Code 1860, S. 323
5 Indian Penal Code 1860, S. 324
6 Indian Penal Code 1860, S. 325
7 Indian Penal Code 1860, S. 326
8 Indian Penal Code 1860, S. 399
9 Indian Penal Code 1860, S. 340
Section 34110 and 34211 talks about whoever wrongfully restrains any person shall be punished with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both and Whoever wrongfully confines any person shall be punished with simple imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both respectively. Section 50612 contains provision for Whoever commits the offence of criminal intimidation shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both; The following penalties apply: imprisonment of either kind for a term that may extend to seven years, fines, or both.
If the threat is to cause death or grievous hurt, or to cause the destruction of any property by fire, or to cause an offence punishable with death or imprisonment for life, or with imprisonment for a term that may extend to seven years, or to impute unchastity to a woman. The UGC Regulations on reducing the threat of ragging in higher education institutions, 2009, are the main federal laws that address ragging in India and all over its states.
RAGGING AS A COVER FOR INSTITUTIONAL CRIMES
Despite these measures, ragging persists, often underreported due to fear of retaliation or institutional apathy. More alarmingly, there have been instances where ragging serves as a cover for more severe institutional crimes, including sexual harassment, bullying, and administrative negligence. There have been cases where institutional authorities fail to act on ragging complaints, reflecting a broader trend of administrative negligence. In some instances, authorities have been accused of covering up ragging13 incidents to protect the institution's reputation. This negligence can lead to tragic outcomes, including student suicides, as seen in several high-profile cases across India.
10 Indian Penal Code 1860, S. 341
11 Indian Penal Code 1860, S. 342
12 Indian Penal Code 1860, S. 506
13 India Today. (2024, January 10). UGC anti-ragging drive: Principals answerable for extreme cases in universities.https://www.indiatoday.in/education-today/news/story/ugc-anti-ragging-drive-principalsanswerable-for-extreme-cases-in-universities-2486852-2024-01-10
IMPLEMENTATION OF ANTI-RAGGING POLICIES IN MAHARASHTRA’S
COLLEGES
Mumbai's colleges have established various anti-ragging cells and committees to enforce UGC guidelines. For instance, HR College of Commerce and Economics has a zero-tolerance policy towards ragging, with a well-defined anti-ragging committee14 comprising senior faculty and student representatives. The college also emphasises the importance of immediate reporting and strict punitive measures for any ragging incidents. Similarly, LRMC follows UGC guidelines meticulously, with an anti-ragging policy that outlines prohibited behaviours, complaint procedures, and potential punishments for violators, ranging from suspension to expulsion15. BGPS Mumbai College of Arts, Commerce, and Science also maintains a robust anti-ragging cell, encouraging students to report incidents through dedicated helplines and ensuring overall campus discipline.
INCONSISTENCIES AND OVERREACH IN THE ENFORCEMENT OF UGC ANTI-
RAGGING REGULATIONS, 2009
Regulation 6. 5. 11 of the UGC Regulations on Curbing the Menace of Ragging, 200916 is one of the Sections that creates a gap between the desired aims and the ground reality, even if the Ragging Prohibition Act appropriately described and categorised Ragging and the related provisions. "The onus of proof will be on the one who engages in ragging, not the victim. " This implies that a junior can report a senior, and it is now the senior's responsibility to demonstrate his innocence or lack of culpability. This portion is completely unjust and violates the natural justice principle because it requires someone who is roughly the same age as his peers to go through a psychologically taxing and traumatic investigation in order establish his innocence. Article 6. 3 of UGC Regulations on Curbing the Menace of Ragging, 200917 states that- "Every 14 H. R. College of Commerce and Economics. (n. d.
). Retrieved from https://www. hrcollege. edu/anti-ragging-cell/
15 L. S. Raheja College of Arts and Commerce. (n.d.). Anti-ragging. Retrieved May 22, 2024, from
https://www.rset.edu.in/lrmc/anit-ragging/
16 The Times of India. Ketan, P. (2023, October 8). How anti-ragging laws can be misused in India.
https://timesofindia.indiatimes.com/readersblog/legalwithketan/how-anti-ragging-laws-can-be-misused-in-india- 47779/ (Accessed on 8th April,2024)
17 The Daily Guardian. (2023, October 8). How anti-ragging laws can be misused in India.
https://thedailyguardian.com/how-anti-ragging-laws-can-be-misused-in-india-2/ (Accessed on 8th April,2024)
institution shall establish an Anti-Ragging Committee, to be chaired by the Head of the institution and composed of representatives from the teaching staff, local media, nongovernmental organisations engaged in youth activities, faculty members, parents, students belonging to both the freshmen and senior student categories, and representatives of civil and police administration; the composition of the committee shall be diverse in terms of levels and gender. " This regulation requires the university to permanently form a board following the reported incidence of ragging, which should include representation from both senior and freshmen students.
However, in some educational institutions, this decision is made solely by the university administration without consultation with the student body seeking feedback from the student body regarding the incident and the students' incompetence, which has to be considered. According to the UGC's online complaint filing portal18, any student can file an "Anonymous" ragging complaint, which means that he can use the portal to report ragging incidents without even disclosing his identity. The educational institution is now required by law to look into the students who are the subject of the complaint. Students may abuse the portal by signing up anonymous complaints against anyone as a result of the aforementioned regulation.
Furthermore, anyone else, such as a colleague or batchmate, can use the UGC anonymous complaint option to make a complaint against anyone enrolled in the college by impersonating as a junior who has been the victim of ragging.
RESTRAINT ON STUDENTS’ EXPRESSION AND CAREER GROWTH DUE TO
MISUSE OF ANTI-RAGGING REGULATIONS
The freedom of expression of students may be unintentionally violated by the improper use of anti-ragging rules. Educational institutions may implement restrictions that restrict students' freedom to participate in productive conversations, debates19, or even creative expression in an effort to create a secure atmosphere. Diverse viewpoints, critical thinking, and the investigation of novel concepts are all encouraged by a strong education. Overuse of anti-ragging laws runs the risk of suppressing these important learning experiences and preventing students from developing the kind of abilities necessary for success in the workplace and in their future
18 Supra note 3
19 Supra note 1
careers. The possible effect on students' career goals is one of the biggest worries resulting from the abuse of anti-ragging regulations. Rigidity and excessive regulation can stifle innovative thinking, risk-taking, and creative thinking qualities that are highly valued in today's labour market. An overabundance of caution may prevent students from realising their full potential, taking on entrepreneurial ventures, or choosing unusual career routes, which may make it more difficult for them to compete in the quickly evolving professional landscape. Moreover the students don't feel motivated due to ragging, this leads to ruined careers.
HISTORICAL CASE OF MISUSE OF ANTI-RAGGING LEGISLATIONS
The Times of India reported that Guru Angad Dev Veterinary and Animal Sciences University was confronted with a situation in which a junior student filed a complaint against two of his seniors for engaging in acts of harassment against him. The university responded by suspending the two students as a form of discipline. It was later discovered, though, that the junior had submitted the baseless complaint as a result of his altercation with the seniors. The junior had reportedly complained about a group conflict during the previous semester as well, according to sources. However, it's uncertain if the authorities will take any action to stop the altercations, which aren't regarded as "ragging. "The issue of whether or not elders are cruel and whether seniors are sadistic and whether freshmen become victims therefore comes up for discussion.
Is it feasible that laws prohibiting ragging are being applied to resolve individual grievances? A teacher brought up the topic and said, "Nowadays, seniors feel frightened and juniors are in
high spirits due to the anti-ragging rule." A female student responded to this statement by saying, "If a senior didn't get her preferred room, a fresher would try to blackmail her and say she was ragged."
RECENT ISSUES OF MISUSE OF ANTI- RAGGING LAWS ALL OVER INDIA
Recent cases of misuse of anti-ragging laws in Mumbai highlight significant concerns about how these regulations are being applied, sometimes overshadowing the actual issues they aim to address. Here are a few notable examples:
Manipulation by Authorities: In some cases, authorities within educational institutions have misused anti-ragging laws to suppress dissent or silence complaints against the administration. For instance, reports indicate that certain colleges in Mumbai have been using the guise of anti-ragging measures20 to target students who voice opposition to administrative policies. This misuse undermines the original intent of these laws, which is to protect students from bullying and harassment. - False Accusations: There have been incidents where false accusations of ragging have been made to settle personal scores or rivalries among students. These false claims can lead to severe consequences20 for the accused, including suspension or expulsion, which can tarnish their academic and professional future.
In some cases, students have reported being falsely accused by peers, leading to lengthy and stressful investigations. - Administrative Lapses: A notable case at Jawahar Navodaya Vidyalaya (JNV)21 in Palghar revealed lapses in the enforcement of anti-ragging measures. The investigation exposed that the school's anti-ragging committee was not functioning as required, and administrative failures allowed ragging incidents to go unchecked. This case underscored the need for proper implementation and oversight of anti-ragging protocols to ensure they effectively prevent and address incidents of ragging. These cases illustrate the complex dynamics at play in the enforcement of anti-ragging laws in Mumbai. While these laws are crucial for protecting students, their misuse by authorities and individuals can lead to significant harm and injustice.
Therefore, it is essential to ensure that anti-ragging measures are applied fairly and transparently, with adequate oversight to prevent abuse.
SURVEY ON ANTI-RAGGING LAWS AND THEIR MISUSE IN EDUCATIONAL
INSTITUTES IN INDIA
Ensuring the safety and well-being of children is still a top priority in educational settings across the globe. Raiding is one of the many problems that educational institutions deal with,
20 Mumbai Live. (n.d.). 511 cases of ragging reported in India in 2023 so far. Retrieved from
https://www.mumbailive.com/en/education/511-cases-of-ragging-reported-in-india-in-2023-so-far-81522 21 Free Press Journal. (n.d.). Palghar JNV ragging investigation exposes lapses in anti-ragging measures. Free Press Journal. Retrieved from https://www.freepressjournal.in/mumbai/palghar-jnv-ragging-investigation-exposes-lapses-in-anti-raggingmeasures (Accessed on 8th March, 2024)
and it poses a constant risk to the mental, emotional, and physical health of students. Raiding is a type of bullying, harassment, or initiation ceremony. Aware of how serious this issue is, governments and educational institutions have passed anti-ragging legislation and rules to prevent misbehaviour of this kind and promote a positive learning environment. Though these legal frameworks have been put into place, questions continue to be raised about their effectiveness and potential for abuse. In an effort to learn more about this matter, a survey was given to students to find out how they felt about anti-ragging regulations and how often they were broken in educational settings. The purpose of this survey was to investigate legal studies students' perspectives, experiences, and insights about the implementation and upholding of anti-ragging laws.
The present research aims to clarify the nuances of anti-ragging statutes, their enforcement procedures, and the unexpected repercussions of their misuse from the perspective of aspiring legal professionals. The objective of this study is to provide significant insights into the discussion of student rights and safety in educational settings by looking at the first-hand experiences of students Additionally, it aims to educate stakeholders, educators, and legislators about the difficulties and shortfalls in properly addressing misconduct related to ragging. By conducting this study project, we hope to promote a more comprehensive comprehension of the complex problems associated with ragging and to push for significant changes that will protect the welfare of students in educational settings.
STRUCTURAL DATA ANALYSIS
The questions provided for survey with their results are: (Note - The following Data has been collected by the authors with the duly and written consent of Individuals. Hence, The data should not be used for any other means and purposes.)
1. Have you ever witnessed or experienced ragging in educational institutes?
2. Do you think ragging in educational institutes is a serious issue?
3. Which form of ragging have you witnessed/ experienced?
4. Do you believe that anti-ragging laws and measures are effective in preventing
incidents of ragging?
5. In your opinion, what are the common forms of misuse of anti-ragging laws in
educational institutes?
6. Do you think colleges are taking sufficient steps to prevent ragging?
7. Are you aware of the procedures for reporting incidents of ragging within educational
institutions? 8. Do you believe that increasing awareness and education about the proper use of antiragging laws could help mitigate misuse?
9. Do you believe that ragging has truly disappeared from Indian colleges?
ANALYSIS AND RECOMMENDATIONS
The persistence of ragging and its use as a cover for deeper institutional crimes in Mumbai highlights several critical issues: - Inadequate Implementation: While anti-ragging measures exist, their implementation is often inconsistent. Regular audits and surprise checks by external bodies could help ensure compliance. - Awareness and Support: Increasing awareness among students about their rights and available support systems is crucial. Institutions should conduct regular workshops and sensitization programs. - Strengthening Legal Frameworks: Enhancing the legal framework to ensure swift and effective prosecution of ragging cases is essential. This includes providing legal aid to victims and ensuring accountability for institutional authorities who fail to act.
- Mental Health Support: Establishing robust mental health support systems within institutions can help address the psychological impact of ragging and other forms of abuse.
CONCLUSION
The study essentially highlights the complex issues related to the application and upholding of anti-ragging legislation in Indian educational institutions. Even while these policies have good intentions, there are often times when they are abused or misused, leading to unjust disciplinary procedures against innocent people, false charges, and retaliatory reporting. This misuse affects students' mental health and academic performance by fostering a culture of fear and mistrust among them and undermining the efficacy of anti-ragging measures. To address the structural inequities that are perpetuated by ragging and the misuse of antiragging laws, considerable changes and social interventions are therefore desperately needed.
Increasing knowledge of the proper use of anti-ragging laws, bolstering enforcement mechanisms, offering victim support services, and cultivating an inclusive and respectful culture inside educational institutions are all important first steps. It is critical to strike a balance between defending the rights of those who have been falsely accused and providing support to
victims of harassment. This calls for explicit reporting and investigation procedures, as well as resources for both parties. The safety and rights of every student in educational environments depend on cooperation amongst stakeholders, including administrators, instructors, students, and legislators.
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