Ragging And The Laws - Analyzing The Effectiveness Of Anti-Ragging Legislation In India
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Category: General Law
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RAGGING AND THE LAWS: ANALYZING THE
EFFECTIVENESS OF ANTI-RAGGING LEGISLATION IN
INDIA
Indu Tarmali, B.A., LL.B.(Hons.), National University of Juridical Sciences
ABSTRACT
Ragging, also known as a type of bullying and harassment, is often prevalent among serious and new students of Indian educational institutions, although it is illegal. This essay will try to explore the historical roots of ragging and how it transformed from being a harmless custom during the British period to a nefarious custom in India. To tackle this raging menace, the University Grants Commission (UGC) and various other educational institutions issued several guidelines and new rules. However, due to insufficient enforcement, a lack of awareness and social forces that prevent victims from reporting these incidents, these laws are also often ineffective. Some see ragging as a heinous crime, and case studies have shown how it can cause a great deal of mental and physical trauma, and in certain cases, it leads to suicide.
Despite anti-ragging squads and helplines being set up all across the country, punishment is still not uniformly implemented and happens across the board, most damaging in rural regions. Ending ragging and restoring a safe, supportive environment for everyone throughout society including in educational institutions, requires coordinated efforts from society, law enforcement and educators. Keywords: Ragging, anti-ragging laws, Prevention of Ragging Act, UGC regulations.
INTRODUCTION:
Education that brings out the inherent potentiality of men can be inherited from home or educational institutions. What if a student’s journey in educational institutions begins with a harmful initiation – ragging? 1 In India, almost 40% of students face some ragging. Ragging may be defined as conduct by the seniors by either an act or by words or any undisciplined activity that causes aggravations, deprivation or any psychological trauma that raises apprehension or fear in the minds of juniors. It is a practice where seniors harass and bully newcomers or freshers. 2 The cases related to ragging are primarily seen in educational institutions where the so-called seniors carry on such harmful and demeaning practices. Now, it has become a common problem across the nation.
Although it has been banned by the government of India and measures have been taken by several states, this derogatory practice continues. The students, especially the freshers, are harassed physically and psychologically, and even after taking several measures, the number of such cases is growing at an increasing rate. 3 The act of ragging sometimes causes the victims to commit suicide as well. One should know that ragging is a crime that can potentially destroy a student’s life, aims, and aspirations. 4
HISTORICAL BACKGROUND:
It is surprising to know that ragging is not an Indian concept. 5 Ancient educational institutions emphasized the importance of Guru-Shishya Parampara (teacher-disciple tradition). Primarily, the role of the seniors was to mentor their juniors and teach them. 6 Indian educational institutions were modelled after the British colonial era. Ragging is a prevalent practice in British public schools and was eventually introduced in India; initially, it was seen to discipline 1 Thangarajnbsp S, “Ragging in Educational Institutions and Its on the Students” (RGUHS National Journal of Public Health, 2019) https://journalgrid. com/view/article/rnjph/683. 2 “Ragging Status in India - Society Against Violence in Education” (Society Against Violence in Education, March 14, 2022) https://no2ragging. org/ragging-status-in-india/.
3 Makent, “Ragging in Educational Institutions in India - Know Its Law and Implications” (Lawtendo. com) https://www. lawtendo. com/blogs/ragging-in-educational-institutions-in-india-know-its-law-and-implications. 4 Nandy S, Solanki D and Solanki D, “Ragging Cases on Rise in 2022, How Can Colleges Help in Curbing the Menace? ” (News18, January 10, 2023) https://www. news18. com/news/education-career/ragging-cases-on-risein-2022-how-can-colleges-help-in-curbing-the-menace-6725341. html.
5 “Anti Ragging Committee, JCDM College of Pharmacy” (JCDM College of Pharmacy, May 22, 2024)
https://jcdpharmacy.edu.in/anti-raggingcommittee/#:~:text=Ragging%20is%20Strictly%20Prohibited&text=Ragging%20is%20originally%20a%20wes tern,%2Dsocial%2C%20form%20at%20times.
6 Sharma P, “The Evolution of Guru-Shishya Parampara: Impact and Adaptation ...” (August 15, 2024)
https://contra.com/p/WqBrBXPo-the-evolution-of-guru-shishya-parampara-impact-and-adaptation.
and toughen students. However, it soon worsened into a form of bullying and harassment.7 Even after the independence, it continued; during the 1950s and 1960s, ragging was seen as a rite of passage. But, the 1970s and 1980s saw a significant rise in ragging incidents. This period reported a series of physical and sexual abuse and even fatalities. Due to public outcry and with their growing concern, the Indian government enacted anti-ragging laws and initiatives.8
LEGAL PROVISIONS:
In India, the laws regarding ragging are governed by the Prevention of Ragging Act,1997 and its amendments. The act defines ragging as "any disorderly conduct 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". 9 Ragging is held to be a punishable offence, and the convict may get three years of imprisonment, a fine, or both. If held guilty of ragging, a student may also be debarred from the college or such educational institution and will not be allowed to be admitted to any other academic institution for at least three years. It is the authorities' duty in an educational institution to keep an eye on the activities taking place on the premises of their institution.
10 The central legislations to deal with the problems of ragging in India are the BNS, 2023, the UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009 and other institute-specific regulations. A student can use Some provisions under the BNS if he faces ragging. The student can file a first investigation report (FIR) in the nearest police station under sections 100, 115, 117, 118, 126, 127 & 296. 11 The University Grant Commission also passed some regulations in 2009 to curb the threat of ragging in the Universities in India. It mainly focuses on measures to prevent ragging at the institution level and lays down the steps that an institution needs to follow during its admission and registration process. Institutions must let the students know who they can turn to for help and guidance when required.
Under the vigilance of the Anti-Ragging Committee, the Anti- Ragging Squads have the authority to make special and surprise raids on hostels and other
7 “Unveiling the History of Ragging: From Tradition to Condemnation”
https://www.prajnaduttaofficial.com/single-blog.php?blog=unveiling-the-history-of-ragging-from-tradition-tocondemnation.
8 Waghamode RH, Kalyan JL and Angadi SS, “RAGGING IN INDIA: PROBLEM AND PERSPECTIVE,” vol
1 (2014).
9 Prevention of Ragging Act, 1997.
10 Team BW, “Amid Jadavpur University Death Row, What Are the Anti-Ragging Laws in India” www.businessstandard.com (August 21, 2023) https://www.business-standard.com/india-news/amid-jadavpur-universitydeath-row-what-are-the-anti-ragging-laws-in-india-123082100543_1.html.
11 Bhartiya Nyay Sanhita, 2023.
places where they have reasons to believe that such crime can occur. The committee needs to take proper measures as soon as it gets the receipt of the FIR.12 Apart from BNS and UGC Regulations, some government bodies have formed their own laws on ragging. The All-India Council for Technical Education created a regulation, an example of laws created by independent bodies to combat the ill practices of ragging in India.13 Similarly, the Medical Council of India formed a regulation for the same purpose.
EFFECTIVENESS:
“Ragging is a criminal activity that violates the right to life and personal liberty, which has been protected under article 2114 of the Indian Constitution. ”15 A survey made in the year 2017 showed that around 40% of Indian students have faced ragging and bullying on their college premises in different forms, and most of those cases were reported from medical and engineering colleges. 16 Different states have adopted measures to tackle the menace of such depriving criminal activities. The states have made their own legislation to combat the harsh practice of ragging. Tamil Nadu became the first state in India to pass a law related to ragging in 1997. 17 Likewise, the states of Andhra Pradesh, West Bengal, Maharashtra, Karnataka, Uttar Pradesh, Chandigarh, Tripura, Assam, Kerala, Goa and Jammu and Kashmir have made their own laws to combat the menace of ragging.
The laws and regulations have stepped forward to curb the menace of ragging from society. The positive aspect of the laws related to ragging is that they have spread awareness among people about the issue of ragging, its consequences, and the exigency to prevent it to some extent. The punishments imposed by law are imprisonment, fines, and expulsion from the
12 UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009.
13 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.
14 Constitution of India, 1950, Art. 21.
15 University of Kerala v. Council of Principals of Colleges in Kerala, (2009) 15 SCC 301.
shanKariasacademy, “Anti-Ragging Measures in India | Current Affairs” https://www.shankariasparliament.com/current-affairs/anti-ragging-measures-in-india.
17 Reporter S, “TAMIL NADU PROHIBITION OF RAGGING ACT 1997 Compiled by Mrs. Adhilakshmi
Logamurthy Advocate, High Court Madras Objective: To Prohibit Ragging in Educational Institutions in Tamil Nadu. – SEKAR REPORTER” (October 19, 2021) https://sekarreporter.com/tamil-nadu-prohibition-of-raggingact-1997/.
educational institution if a student has committed a crime. 18 The law makes it mandatory for the institutions to constitute anti-ragging committees and squads and take necessary steps to prevent such crimes, making the institutions safe for students. Apart from these, the law provides for reporting mechanisms that encourage the victims to come forward and report the incidents so that the offenders get punished for their inhumane behaviour. 19 “A total of 717 cases of ragging were reported in the English print media nationwide between January 2007 and September 2013, based on reports from the research team and the Coalition to Uproot Ragging from Education (CURE).
” 20 Uttar Pradesh Andhra Pradesh West Bengal Tamil Nadu Kerala Mashya Pradesh Maharastra Punjab Complaint Cases of Ragging 2007 - 2013 Death Cases of Ragging 2007 - 2013 “According to the "Progress Report of Monitoring the Ragging Prevention Program" published by Raj Kachroo, Founder Trustee of the Aman Satya Kachroo Trust, there were 7059 complaints of ragging overall between June 15, 2009 and December 31, 2020. ” 21
18 Supra note, 3.
“Ragging In Educational Institutes:
A
Human Rights Perspective” https://www.legalserviceindia.com/articles/ragging.htm. 20 Rao M and others, “A Study on the Prevalence and Nature of Ragging Practices in Selected Educational Institutions in India” (2018) Contemporary Education Dialogue 187, https://doi.org/10.1177/0973184918781213.
21 Id.
Uttar Pradesh west Bengal Madhya Pradesh Odisa Bihar Complain cases of ragging 2009-2020 Although the laws and regulations have positive aspects and impacts, it must be supported that we have a long way to go. There are some challenges and limitations attached to it. Most of the time, people do not come forward to report the issues due to fear, social pressure, or a lack of awareness. 22 A 19-year-old Sarabhai Institute of Science and Technology student named Ayub Ajith was raging by the seniors horribly. He informed his mother, but they were prevented from complaining about fear of worsening matters. After being fed up, he hanged himself from the ceiling fan. 23 Here, the question of awareness comes: if students are now aware of their rights, what is the point of such laws? The laws that deal with ragging are only limited to higher education.
It has neglected school-level ragging, leaving a significant gap in protection for vulnerable students. In Jawahar Navodaya Vidyalaya in Arunachal Pradesh, a recent incident happened where the ragging of class 11 seniors injured more than two dozen Class 8 students. Laws and regulations are silent in this aspect because the ragging laws mainly focus on the universities. 24 The Supreme Court in Vishva Jagriti Mission v. Central Government created an Anti-Ragging Helpline to help the victims and act in cases of ragging. Now, a complaint can be filed even without disclosing the name. Controversy A considerable concern was highlighted because the helpline registered only 0. 1% of the total phone calls it received. This indicated that the helpline only had 1/1000 complaints from the calls.
25 The implementation of India's ragging laws needs to be revised, rendering them ineffective in curbing the menace. 26 A first-year student at Dr
22 Minj J and Khan AA, “A Critical Evaluation of Ragging and Anti Ragging Laws in India” (2017) 5
International Journal of Reviews and Research in Social Sciences 77 http://anvpublication.org/Journals/AbstractView.aspx?Journal=International Journal of Reviews and Research in Social Sciences;PID=2017-5-2-3.
23 Supra note, 8.
24 Mehta Y, “Over 20 Students Injured by Seniors in Ragging Incident at Arunachal Boarding School” India Today (June 26, 2024) https://www.indiatoday.in/india/story/arunachal-pradesh-bordumsa-changlang-boardingschool-ragging-students-jawahar-navodaya-vidyalaya-2558401-2024-06-26.
25 Vishva Jagriti Mission v. Central Government, AIR 2001 SC 2793.
26 Supra note, 20.
Rajendra Prasad Medical College, Aman Kachroo, complained about the brutal ragging that happened to him in the college. But nothing helped him; again, one day, he was beaten and died of a brain haemorrhage. Now, the question remains the same: Will the issue be solved by making laws? Absolutely not; only making laws or helplines will not solve the problem; implementation is still a big issue, which may be the lack of uniformity, which causes inconsistencies in implementation and enforcement. Laws and regulations may only reach some educational institutions, mainly those in the country's remote areas, making it difficult to enforce the laws uniformly.
27 Although Anti-Ragging Squads have been established to tackle hostels and other places where ragging is committed,28 Here comes the effectiveness of these squads because, in some cases, it is seen that the authority did not take any action even after receiving complaints from the students. The seniors outside the campus brutally assaulted a first-year student in electronics and instrumentation at Kolaghat Engineering College, likewise in West Midnapore; while returning home, the seniors terrifically ragged a boy. 29 The question remains the same: are we adhering to the laws? Or its just black and white letter, where is its implementation? “Some incidents have crossed the limits of decency, morality and humanity. ” Some states made it a cognizable offence. Now the issue is, ‘Will the problem be solved by making it a cognizable offence?
’ the answer is no because there are ‘n’ numbers of regulations in India, despite the existence of these laws for over two decades. Ragging continues to curse educational institutions. It resulted in severe physical and psychological trauma for victims. Over and above, sometimes people accept ragging as the expected behaviour that a senior does, but we should understand the difference between positive interaction and ragging. 30
CONCLUSION:
Ragging is a penalising offence, and the number of cases related to ragging is growing continuously. The laws, undoubtedly, are good enough to combat the issues and ill practices of
27 Sahu D and Sahu D, “What Aman Had to Die For” (The New Indian Express, November 1, 2014)
https://www.newindianexpress.com/education/edex/2014/Nov/03/what-aman-had-to-die-for-678056.html.
28 “Summary of the Judgment of the Hon. Supreme Court Delivered on the 8th May 2009” (2009)
https://www.nitt.edu/home/students/Supreme_Court_Judgment.pdf.
29 Supra note, 8.
30 GOGULESH M, “A STUDY ON PREVENTION OF RAGGING IN EDUCATIONAL INSTITUTIONS”
(2024) International Journal of Novel Research and Development
I27,
https://www.ijnrd.org/papers/IJNRD2405805.pdf.
ragging, but the problem lies in their implementation. The vague definition of ragging makes it difficult for even law enforcement agencies to determine whether the incident falls into the purview of ragging. The lack of awareness among the victims and the lack of proper measures by the institutions make it more challenging to implement the laws and curb the problem of ragging. In such cases, society should take collective responsibility and a social ban should be made in this context. Most importantly, the moral development of the children and youth is required to combat evil practices like ragging and ensure that such incidents do not occur.
RECOMMENDATIONS:
Ragging is still prevailing despite its heinous consequences. One of the reasons could be the laws of ragging, which are not strictly enforced by the authorities, and victims are afraid of reporting the same. Most people think that ragging is a normal behaviour and confuse it with positive interaction. But it does make the situation worse because it affects not only the physical but also mental health and has a long-lasting effect on those who experience it. To tackle this, different countries have implemented various laws and awareness programmes. But their success remains questionable. Schools and universities must take a zero-tolerance stance against all kinds of ragging. If something of this kind is noted, it must be investigated thoroughly, and the perpetrator must be held accountable.
To create a safe and supportive environment, students must be encouraged to speak out against evil practices, and the head of the institution must provide them with resources like hotlines and counselling services to make them aware of their rights. Seniors should also be educated about the consequences of ragging and help them accountable for their actions. By working together, we can build a culture of kindness, respect, and inclusivity in our schools and end ragging once and for all.