BY DR. SAILAJA PETIKAM.
Ragging is the term used for the so-called “initiation ritual” practiced in higher education institutions in South Asian countries, including India, Pakistan, Bangladesh, and Sri Lanka. The practice is similar to hazing in North America, bizutage in France, and praxe in Portugal, and other similar practices in educational institutions across the world. Ragging involves the abuse, humiliation, or harassment of new entrants or junior students by their seniors.
Although the objective of this exercise was initially to increase friendship among batch mates, it has become increasingly unpopular due to several complaints of physical injury to the victims and the resulting trauma. Ragging has taken a malignant form wherein the newcomers may be subjected to psychological or physical torture. In recent years, ragging in India has commonly involved serious abuses and clear violations of human rights. A report from 2007 highlighted 42 instances of severe physical injury, and reports on dozens of deaths purportedly as a result of ragging. In the last few years, approximately 30+ ragging deaths have been reported. In addition, a number of freshers were severely traumatized to the extent that they were admitted to mental institutions.
Ragging is now defined as an act of physical or mental abuse (including bullying and exclusion) targeted at another student (fresher or otherwise) on the grounds of color, race, religion, caste, ethnicity, gender (including transgender), sexual orientation, appearance, nationality, regional origins, linguistic identity, place of birth, place of residence, or economic background.
With the situation of ragging becoming widely and dangerously prevalent in engineering and other institutions, mainly in the hostels, the Anti-Ragging Movement emerged in India. Several voluntary organizations have been formed to conduct public awareness and arrange support for victims. Online groups like Coalition to Uproot Ragging from Education (CURE) and the No Ragging Foundation became major anti-ragging groups on the internet. The No Ragging Foundation subsequently transformed into an NGO registered as the Society Against Violence in Education (SAVE), which is India’s first registered anti-ragging non-profit organization.
A high-level committee that probed the death of Aman Kachroo in 2009 revealed that alcohol was the main reason leading to serious forms of ragging and violence on campus. In the wake of Aman Kachroo’s death, the University Grants Commission (UGC) of India imposed regulations upon Indian universities to help curb ragging. These regulations were passed as the “UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009″. The regulation talks about the measures for the prevention of ragging at the institutional level. It lays down the steps an institution has to follow during the admission and registration process, including strict measures like lodging freshers in a separate hostel, conducting surprise raids especially at night by an anti-ragging squad, and requiring the submission of affidavits by all senior students and their parents taking an oath not to indulge in ragging. Subsequently, the UGC has made a few amendments to the regulations; as per these, it is no longer required to get the verification of the affidavit done by an Oath Commissioner.
To assist students, a National Anti-Ragging Helpline was launched. It helps victims and takes action in cases of ragging by informing the Head of the Institution and the local police authorities of the complaint. The main feature of the helpline is that complaints can be registered even without disclosing the name of the victim, through email at helpline@antiragging.in or through a toll-free phone number at 1800-180-5522. The media has also played a crucial role by exposing ragging incidents and the indifference of many concerned institutions towards curbing the act. Furthermore, the Supreme Court of India has directed in a landmark judgment that strict action must be taken against negligent institutions.
Laws in India
There are specific provisions in the Indian Penal Code (IPC) which can be used by a student to register an FIR in the nearest police station against perpetrators. These provisions include:
- Sec 294: Obscene acts and songs
- Sec 323: Punishment for voluntarily causing hurt
- Sec 324: Voluntarily causing hurt by dangerous weapons or means
- Sec 325: Punishment for voluntarily causing grievous hurt
- Sec 326: Voluntarily causing grievous hurt by dangerous weapons
- Sec 339 / 341: Wrongful Restraint / Punishment for Wrongful Restraint
- Sec 340 / 342: Wrongful Confinement / Punishment for Wrongful Confinement
- Sec 304: Punishment for culpable homicide not amounting to murder
A list of states that have enacted their own specific legislation on ragging includes: Andhra Pradesh, Maharashtra, Karnataka, Uttar Pradesh, Chandigarh, Tripura, Tamil Nadu, Assam, Kerala, West Bengal, Goa, and Jammu and Kashmir. For states which do not have their own state-level legislation, ragging laws are enforced in accordance with the central legislations and UGC guidelines.
So, the main issue that is to be determined is if a case under the penal laws is made out and if so, either on his own or through a member of the Anti-Ragging Committee, proceed to file a First Information Report (FIR). Also, the institution has to publish the names and contact numbers of the Anti-Ragging Committee of the university.
Affidavit by students and parents: Each student and his/her parent/guardian shall have to furnish an affidavit along with the application form to the effect that they will not participate in or abet the act of ragging and that, if found guilty, shall be liable for punishment under the penal law of India.
Every institution shall constitute a committee to be known as the Anti-Ragging Committee, nominated and headed by the Head of the Institution and consisting of representatives of civil and police administration, local media, Non-Government Organizations involved in youth activities, representatives of faculty members, representatives of parents, representatives of students belonging to the fresher’s category as well as senior students, and non-teaching staff, and shall have a diverse mix of membership in terms of levels as well as gender. It shall be the duty of the Anti-Ragging Committee to ensure compliance with the provisions of the Regulations as well as the provisions of any law for the time being in force concerning ragging and to monitor and oversee the performance of the Anti-Ragging Squad. It shall be the duty of the Anti-Ragging Squad to make surprise raids on hostels, and other places vulnerable to incidents of, and having the potential for, ragging.
Regulation 7 lays down that on receipt of any information concerning any reported incident of ragging, the Head of Institution shall immediately proceed to file a First Information Report (FIR), within twenty-four hours of receipt of such information.
Regulation 9 lays down that the Anti-Ragging Committee of the institution shall take an appropriate decision, in regard to punishment or otherwise, depending on the facts of each incident of ragging and nature and gravity of the incident of ragging established in the recommendations of the Anti-Ragging Squad.
Punishment for Participation in/or Abetment of Ragging
- Cancellation of admission.
- Suspension from attending classes.
- Withholding/withdrawing scholarship/fellowship and other benefits.
- Debarring from appearing in any test/examination or other evaluation process.
- Withholding results.
- Debarring from representing the institution in any regional, national or international meet, tournament, youth festival, etc.
- Suspension/expulsion from the hostel.
- Rustication from the institution for periods varying from 1 to 4 semesters or equivalent period.
- Expulsion from the institution and consequent debarring from admission to any other institution.
- Fine up to Rs. 25,000/-.
Provided that whether the persons committing or abetting the act of ragging are not identified, the institution shall resort to collective punishment.
Appeals: An appeal against the order of punishment by the Anti-Ragging Committee shall lie:
i) In case of an order of an institution, affiliated to or constituent part, of a University, to the Vice-Chancellor of the University;
ii) In case of an order of a University, to its Chancellor;
iii) In case of an institution of national importance created by an Act of Parliament, to the Chairman or Chancellor of the institution, as the case may be.
Andhra Pradesh Prohibition of Ragging Act, 1997
The Andhra Pradesh Prohibition of Ragging Act, 1997, which came into force from 4th July, 1997. According to the Act, Ragging within or outside any educational institution is prohibited. The provisions of this Act shall be in addition to and not derogatory of any law for the time being in force.
The summary of this Act is as follows:
Penalty for Ragging: Whoever, with the intention of causing ragging or with the knowledge that he is likely by such act to cause ragging, commits or abets ragging and thereby,
(i) teases or embarrasses or humiliates a student shall be punished with imprisonment for a term which may extend to six months or with fine which may extend to one thousand rupees or with both; or
(ii) assaults or uses criminal force to or criminally intimidates a student shall be punished with imprisonment for a term which may extend to one year or with fine which may extend to two thousand rupees or with both; or
(iii) wrongfully restrains or wrongfully confines or causes hurt to a student shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to five thousand rupees or with both; or
(iv) causes grievous hurt to or kidnaps or abducts or rapes or commits unnatural offence with a student shall be punished with imprisonment for a term which may extend to five years and with fine which may extend to ten thousand rupees; or
(v) causes death or abets suicide shall be punished with imprisonment for life or with imprisonment for a term which may extend to ten years and with a fine which may extend to fifty thousand rupees.
Dismissal of Student: A student convicted of an offence under section 4 and punished with imprisonment for a term of more than six months shall not be admitted in any other educational institution.
Suspension of student: Without prejudice to the foregoing provisions, whenever any student complains of ragging to the head or manager of an educational institution, such head or manager shall inquire into or cause an inquiry to be made into the same forthwith and if the complaint is prima facie found true, shall suspend the student or students complained against for such period as may be deemed necessary.
If the head or manager of an educational institution fails or neglects to take action in the manner specified in the Act, such person shall be deemed to have abetted the offence and shall be punished with the punishment provided for the offence.
If a student commits suicide due to or in consequence of ragging, the person who commits such ragging shall be deemed to have abetted such suicide.
Increasing cases of ragging in India
India has witnessed a stark 75% increase in ragging in educational institutes, the highest since 2015. While Gujarat has registered an almost three-fold jump in 2017 than it was in 2016, the number of cases has double in Karnataka, Madhya Pradesh, Bihar, and Uttarakhand. The latest government statistics state that 901 cases of ragging were registered in the country’s colleges and universities in 2017 while such cases were just at 515 in 2016. Gujarat recorded a total of 16 cases of ragging in 2017 against five cases in 2016 while the number of such cases in higher education institutions in Assam climbed up to 33 in 2017 from 10 in 2016. Higher education institutions in Karnataka, which had seen 24 cases of reported incidents of ragging in all in 2016, recorded 49 such cases in 2017.