Dr.Jawahar Lal Sen

Ragging is one of those innumerable vices which are eroding our traditional values and dragging the society towards perpetual calamity. Innumerable number of students had to abandon the dream of higher education not only in prestigious institutions but also in the institutions of lesser name or fame all over India.

In 1998, Vishwa Jagriti Mission had filed a civil writ petition against ragging in Indian educational institutions to the Supreme Court of India under Article 32 of the Indian Constitution. The petitioner also claimed that ragging violates the provisions of Article 21 of the Indian Constitution and sought apex court’s judgment in this regard. The case was versus the Central Government, Ministry of Education G C , and YMCA Engineering College.

The Honourable Supreme Court of India had given its judgement in favour of the petitioner in 2001. The judgment of the apex court of India is given below in a brief manner. In exercise of the jurisdiction conferred by Article 32 and Article 142 of the Constitution we issue the following guidelines:- This Court views with concern the increase in the number of incidents of ragging in educational Institutions. Some of the reported incidents have crossed the limits of decency, morality and humanity. Some of the States have acted by enacting legislations and making ragging as defined therein a cognizable and punishable offence.

 However, we feel ragging cannot be cured merely by making it a cognizable criminal offence. Moreover we feel that the acts of indiscipline and misbehavior on the part of the students must primarily be dealt with within the Institution and by exercise of the disciplinary authority of the teachers over the students and of the management of the institutions over the teachers and students. Students ought not ordinarily be subjected to police- action unless it be unavoidable. The students going to educational institutions for learning should not remain under constant fear of being dealt with by police and sent to jail and face the courts. The faith in the teachers for the purpose of maintaining discipline should be restored and the responsibility fixed by emphasizing the same.

The apex court has also defined ragging as an disorderly conduct which may be either in written form or spoken words, leading to 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 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. According to the Supreme Court this menace should be nipped in the bud and for that the management of the institutions, teachers and responsible citizens will have to work hand in hand. And the anti-ragging activities should start from the day one of the beginning of admission process. All the institutions have their prospectus as well as websites. The anti ragging clauses should be clearly mentioned in those prospectus or downloadable web materials. The forms issued to the students should in clear terms mention the name of the persons who are to be contacted in case of any attempt of ragging. The admission committees should be easily accessible to the freshers so that they need not solicit help or guidance from the senior students. The institution should clearly mention in their prospectus that ragging is banned in the institution. The students and the parents or guardians of the students should also give an undertaking where it should be mentioned that if found guilty of or indulged in ragging, the students will accept whatever punishment is awarded to them.

The most shocking observation of the apex court is that the senior students indulge in ragging for deriving a sadistic pleasure or for showing off power and authority and superiority over the junior students. The court has pointed out that this attitude of some of the senior students acts as the cause of ragging.

The apex court also suggested certain punishment for the students who take part in ragging which may include expulsion from the institution, suspension from the institution or classes for a limited period or fine with a public apology. The punishment- may also take the shape of: (i) withholding scholarships or other benefits (ii) debarring from representation in events (iii) withhold results (iv) suspension or expulsion from hostel or mess and the like. If there be any legislation governing ragging or any provisions in the Statute/Ordinances they should be brought to the notice of the students/parents seeking admissions.

The apex court further observed that the management, the principal, the teaching staff should interact with freshers and take them in confidence by apprising them of their rights as well as obligation to fight against ragging and to generate confidence in their mind that any instance of ragging to which they are subjected or which comes in their knowledge should forthwith be brought their knowledge and shall be promptly dealt with while protecting the complainants from any harassment by perpetrators of ragging. It would be better if the head of the institution or a person high in authority addresses meetings of teachers, parents and students collectively or in groups in this behalf. Moreover the principal or the head of the institutions and the persons in the authority of the institutions should be held responsible if they fail to control ragging. This shall be construed as an act of negligence in the institution on the part of the management.

The apex court also said that if any institution fails to curb ragging, the funding agencies of that institution should consider stoppage of financial assistance to the institution till such time as it achieves the same. The apex court also without any ambiguity asks the University to consider disaffiliating a college or institution which fails to curb ragging. The apex court in the said judgment also said : We make it clear that these guidelines are only illustrative and are not intended to come in the way of the institutions and authorities devising ways and means to curb the ragging. If there are local laws governing ragging they shall be implemented and knowledge and information about such laws shall also be disseminated. Ragging, if it becomes unmanageable or amounts to a cognizable offence, the same may be reported to the police. However, the police should be called in or allowed entry in the campus at the instance of the head of the institution or person in charge. We expect the police also deals with such incidents when brought to its notice for action by keeping in mind that they are dealing with students and not criminals. The action of the police should never be violent and be always guided by a correctional attitude.

There are some students who describe ragging as ‘fun’ and believe that such activities will result in better interaction between senior and junior students. On the basis of the recommendations of the R.K.Raghavan Committee constituted by the apex court, the court has directed that such students should be bluntly told that any activity that can destroy a student’s career and even threaten his life and liberty cannot be accepted as fun. The senior students should not be considered as criminals. They are not so. So the tactful intervention of the head of the institutions, teachers, citizen and the management is the need of the hour. The senior students also should be taken into confidence. But a clear signal should be given to all students that not a single case of ragging will go unpunished and will be dealt with strong hand.

The Supreme Court in definite terms has made it clear that no mercy to be shown to those students who will give indulgence or indulge themselves in this heinous activity. The apex court also made it clear that if any victim of ragging or his/her guardian hesitates to lodge an FIR, the institution should lodge FIR on its own against the culprits if necessary. We hope everybody in the society emboldened by the judgment of the apex court will rise to the occasion and our joint endeavour will definitely eradicate the menace of ragging from the society someday.

Source:

Supreme Court’s Judgement, writ petition (civil) no 656 of 1998

Recommendations of the Raghavan Committee

Various news papers.