Anti Ragging

 Ragging

It has been rightly said that the end may not always justify the means. Behind the façade of ‘welcoming’ new students to college, ragging, in actuality, is a notorious practice wherein the senior students get an excuse to harass their junior counterparts, and more often than not, make them easy targets to satiate their own perverse sadistic pleasures. Apart from sustaining grievous physical injuries, those unfortunate students who succumb to ragging either develop a fear psychosis that haunts them throughout their lives, or worse, quit their college education even before it begins. For any student who slogs day and night to secure admission into a prestigious college, ragging can be his or her worst nightmare come true. It would not be an exaggeration to say that, today, ragging has taken the shape of a serious human rights violation with even the most respected and disciplined educational institutes falling prey to it. 

MEANING OF RAGGING :

 In common parlance, ragging means playing practical jokes on somebody or teaching someone a lesson. The Hon’ble Supreme Court of India perhaps has given a more comprehensive meaning of ragging as under: "Ragging is any disorderly conduct, whether by words spoken or written, or by an act which has the effect of teasing, treating or handling with rudeness any student, indulging in rowdy or indisciplined activities which cause or are likely to cause annoyance, hardship or psychological harm or to raise fear or apprehension thereof in a fresher or a junior student and which has the effect of causing or generating a sense of shame or embarrassment so as to adversely affect the psyche of a fresher or a junior student." So far there have been two landmark judgments prohibiting ragging. These are: 1. Ragging of Freshers in Thiruvananthapuram Government Engineering College vs. State of Kerala 2. Vishwa Jagriti Mission through President vs. Central Government through Cabinet Secretary The judgment in the case of Vishwa Jagriti Mission through President vs. Central Government, through Cabinet Secretary is particularly significant as the Hon’ble Supreme Court, while exercising its jurisdiction under Articles 32 and 142 of the Constitution of India, has laid down broad guidelines for colleges and educational institutes to prevent ragging. Very Briefly, these guidelines are: 

1. Anti -Ragging Movements To Be Initiated By All Colleges And Educational Institutes: 

Anti-ragging movements should be initiated by the institutions right from the time of advertisement for admissions. The prospectus, the forms for admission and/or any other literature issued to aspirants for admission must clearly mention that ragging is banned in the institution and any one indulging in ragging is likely to be punished appropriately with punishment which may include expulsion or suspension from the institution or class 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) withholding results (iv) suspension or expulsion from hostel or mess, and the like. If there be any legislation governing ragging or any provisions in the Statutes/Ordinances they should be brought to the notice of the students/parents seeking admissions. 

2. Undertakings To Be Taken Both From The Freshmen And Their Parents/ Guardians: 

The application for admission / enrolment shall have a printed undertaking to be filled up and signed by the applicant to the effect that he/she is aware of the institution’s approach towards ragging and the punishment to which he or she shall be liable if found guilty of ragging. A similar undertaking shall be obtained from the parent/guardian of the applicant.

 3. Undertaking To Be Taken From Seniors Students And Their Parents/Guardians Too: 

The institutions which are introducing such a system for the first time shall ensure undertakings being obtained from the students and their parents/guardians already studying in the institutions before the commencement of the next educational year/session. 

4. Notices To Be Issued Indicating Where To Approach For Redressal In Case Of Ragging:

 A printed leaflet detailing when and to whom one has to turn for information, help and guidance for various purposes, keeping in view the needs of new entrants in the institution, along with the addresses and telephone numbers of such persons, should be given to freshers at the time of admissions so that the freshers need not look up to the seniors for help in such matters and feel indebted to or obliged by them. 

5. Management, Principles And The Teaching Staff To Have Personal Interaction With The Freshmen:

 The Management, the Principal, the Teaching Staff should interact with the freshmen and take them in confidence by apprising them of their right 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 to their knowledge and shall be promptly dealt with. 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.

 6. Practorial Committees To Be Set Up:

 At the commencement of the academic session, the institution should constitute a practorial committee consisting of senior faculty members and hostel authorities like wardens and a few responsible senior students: A) to keep a continuous watch and vigil over ragging so as to prevent its occurrence and recurrence, B) to promptly deal with the incidents of ragging brought to its notice and summarily punish the guilty either by itself or by putting forth its findings/recommendations/suggestions before the authority competent to take decision. 

7. Ragging- Prone Zones To Be Identified And Carefully Guarded: 

All vulnerable locations in the college such as the canteen, the playground, etc. shall be identified and specially watched. 

8. Society To Be Sensitised On The Issue of Ragging: 

The local community and the students in particular must be aware of the dehumanizing effect of ragging inherent in its perversity. Posters, notice boards and signboards wherever necessary, may be used for the purpose.

 9. Failure To Prevent Ragging To Be Constructed As An Act Of Negligence:

 Failure to prevent ragging to be constructed as an act of negligence in maintaining discipline in the institution on the part of the management, the principal and the persons in authority of the institution. Similar responsibility shall be liable to be fixed on hostel wardens/superintendents. 

10. Hostels/Accommodations To Be Carefully Guarded: 

The hostels/accommodations where freshers are accommodated shall be carefully guarded, if necessary by posting security personnel and placed in charge of a warden/superintendent who should himself/herself reside there, and wherein the entry of seniors and outsiders shall be prohibited before and after a specified hour of night except under the permission of the person in-charge. Entry at other times may also be regulated. 

11. Migration Certificates To Mention Whether The Student Ever Indulged In Ragging: 

Migration Certificates issued by every institution should have an entry apart from that of general conduct and behaviour whether the student had participated in, and in particular, was punished for ragging. 

12. Withdrawal Of Financial Assistance To Institutes Where Ragging Incidents Are Reported: 

If an institution fails to curb ragging, the University Grants Commission/Funding Agency may consider withdrawal of financial assistance to such an institution till such time as it achieves the same. A university may consider disaffiliating a college or institution failing to curb ragging. 

13. Students To First Approach Their Colleges:

 In case of any incident of ragging, the students must approach the Disciplinary Committee of their respective colleges first, and only if the said Committee does not take cognizance of the matter or if they feel dissatisfied with its decision that they should approach the police. The objective behind this is to restore the faith in the ability of educational institutions to maintain discipline and protect the interests of their students. 

14. Police Not To Follow A Retributive Approach While Dealing With Ragging Culprits: It may be important to note here that the above stated guidelines are only illustrative and are not intended to come in the way of the educational institutions and authorities devising ways and mean to curb ragging. If there are any local laws governing ragging, they should be implemented and knowledge and information about such laws should also be disseminated.  

In India[edit]

Several highly reputed Indian colleges, especially medical ones have a history of ragging. Sometimes it is even considered to be a college tradition.^[5][6] It has become increasingly unpopular due to several complaints of serious injury to the victims and stringent laws pertaining to ragging. At the national level, ragging is currently defined as: "Any act of physical or mental abuse (including bullying and exclusion) targeted at another student (fresher or otherwise) on the ground of colour, race, religion, caste, ethnicity, gender (including transgender), sexual orientation, appearance, nationality, regional origins, linguistic identity, place of birth, place of residence or economic background."^[7]

Following Supreme Court orders, a National Anti-Ragging Helpline was launched by the Indian government.^[8][9]

A high-level committee in 2009, which probed the death of Aman Kachroo, revealed that alcohol was the main reason leading to serious forms of ragging and violence in the campus.

A report from 2007 highlights 42 instances of physical injury, and reports on ten deaths purportedly the result of ragging.^[10] Ragging has reportedly caused at least 30 deaths in the last seven years. In 2007, approximately seven ragging deaths were reported. In addition, a number of freshmen were severely traumatised to the extent that they were admitted to mental institutions.

Ragging in India commonly involves serious abuses and clear violations of human rights. Often media reports and others unearth that it goes on, in many institutions, in the infamous Abu Ghraib style,^[11] and on innocent victims.

However, the Anti-Ragging NGO Society Against Violence in Education (SAVE) has supported that ragging is also widely and dangerously prevalent in engineering and other institutions, mainly in the hostels.

Anti-Ragging Helpline and anonymous complaints[edit]

Following a Supreme Court order, a National Anti-Ragging Helpline was created to help the victims and take action in cases of ragging, by informing the head of the institution and the local police authorities of the ragging complaint from the college. The main feature of the helpline is that the complaints can be registered anonymously.^[8][9]

India's National Anti-Ragging Helpline started working in June 2009 to help students in distress due to ragging. It can be reached through email and a 24-hour toll-free number. Provision for anonymous complaints was considered of utmost important at the time of establishment of the helpline, since the victim after making the complaint remains with or close to the culprits, away from a fully secure environment. Since many ragging deaths, like Aman Kachroo's,^[12] occurred due to seniors taking a revenge of the complaint made, anonymous complaints were equally allowed at the helpline.

As per UGC regulations, it is mandatory for a college to register a first information report (F.I.R.) with police against the culprits if any violence, physical abuse, sexual harassment, confinement etc. takes place with any fresher.^[13] After receiving any such complaint from the helpline, it becomes the duty of the head of the institution to register the F.I.R. with police within 24 hours. In 2013, a police case was registered against the director, dean and registrar of a reputed college in Delhi for, among other charges, not informing the police and registering F.I.R. within 24 hours of receiving the ragging complaint. (failing to inform a public authority, IPC 176).^[14]

The database of the Anti-Ragging Helpline indicates that it has been to an extent successful in ensuring a safer environment in colleges from where it registered the complaints. In many cases, it forwarded the complaint to the University Grants Commission (UGC) for an action against those colleges which refused to take any action against the culprits.^{[citation needed]}

Controversy[edit]

A major concern that was highlighted against the helpline was that it registered a minuscule percentage (0.1%) of the total phone calls it received. Specifically, the toll-free helpline (1800-180-5522) received 165,297 calls in the three months of November 2012 to January 2013, but only 190 complaints were registered in this period.^[15] In its defence, the helpline said that most of the calls it received were of inquiry in nature, of the eager students to know whether the helpline number worked or not. Some students changed their minds midway not to register the complaint.^[16] It also said that many of the calls were hoaxes as it was a toll-free number.

Legislation[edit]

In 1997, the state of Tamil Nadu first passed laws related to ragging. Subsequently, a major boost to anti-ragging efforts was given by a landmark judgement of the Supreme Court of India in May 2001,^[17] in response to a Public Interest Litigation filed by the Vishwa Jagriti Mission.

Maharashtra Prohibition of Ragging Act, 1999[edit]

In 1999, the Government of Maharashtra enacted the Maharashtra Prohibition of Ragging Act, 1999 to prohibit ragging which it defines as the:

Display of disorderly conduct, doing of any act which causes or is likely to cause physical or 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. "Maharashtra Prohibition of Ragging Act, 1999". Maharashtra Act No. XXXIII of 1999 (PDF). p. 2.

The objective of the act is to create a framework to establish ragging as a criminal act, and lay out possible punishments under the law. Section 4 of the Act states:

"Whoever directly or indirectly commits, participates in, abets or propagates ragging within or outside any educational institution shall, on conviction, be punished with imprisonment for a term which may extend to two years and shall also be liable to a fine which may extend to ten thousand rupees.""Maharashtra Prohibition of Ragging Act, 1999". Maharashtra Act No. XXXIII of 1999 (PDF). p. 2.

Students who have been convicted under this act may also be dismissed from their educational institution, and not be allowed to enroll in any other educational institution for five years. In addition, the act lays out a procedure by which education institutions should handle accusations of ragging, with suspension of the accused student(s) and investigation of the allegations, and holds those institutions accountable if they fail to act in the manner described. Under Section 7 of the Act, the head of the institution who fails or neglects to properly investigate such allegations :"shall be deemed to have abetted the offense of ragging and shall, on conviction, be punished as provided for in section 4", "Maharashtra Prohibition of Ragging Act, 1999". Maharashtra Act No. XXXIII of 1999 (PDF). p. 3. In other words, the school principal, chancellor, or other head faces the same punishment as a student who has been accused and convicted under this law.

It was applied in 2013, and resulted in the suspension of six students from Rajiv Gandhi Medical College in Mumbai.^[18] The most notable case in which it has been applied is the Suicide of Payal Tadvi, in which three senior medical students were charged under this act as well as under the Scheduled Caste and the Scheduled Tribe (Prevention of Atrocities) Act, and the Information Technology Act, 2000.^[19][20] The charge-sheet filed by the Mumbai Police alleges that the ragging in this case consisted of harassment, humiliation, and discrimination, which directly led to her suicide.^[21] Since 2018, at the Maharashtra University of Health Sciences, the university which supervises the Topiwala National Medical College where Payal Tadvi studied, six of seven accusations of ragging could not proven.^[20] In 2010, 18 students at the Seth GS Medical College were arrested and charged with ragging under the Act.^[22]

In 2015, L.K. Kshirsagar, principle of the Maharashtra Institute of Technology’s College of Engineering, was arrested and charged under Section 7 of the Act, for failing to investigate and neglecting his duties under the law, in a case involving three students who had been accused of ragging the previous year.^[23]

In June 2019, after the suicide of Payal Tadvi, there were calls to strengthen the anti-ragging laws to check anti-caste bias. The law itself does not mention caste-based discrimination or other specific forms of bias.^[24]

Central Government and Supreme Court Legislation[edit]

The Indian Supreme Court has taken a strong stand to prevent ragging. In 2006, the court directed the H.R.D. Ministry of the Govt. of India to form a panel which will suggest guidelines to control ragging.^[25]

The Ministry of Human Resources Development (MHRD), following a directive by the Supreme Court, appointed a seven-member panel headed by former CBI director Dr. R. K. Raghavan to recommend anti-ragging measures. The Raghavan Committee report,^[26] submitted to the court in May 2007, includes a proposal to include ragging as a special section under the Indian Penal Code. The Supreme Court of India interim order^[27] (based on the recommendations) dated 16 May 2007 makes it obligatory for academic institutions to file official First Information Reports with the police in any instance of a complaint of ragging. This would ensure that all cases would be formally investigated under the criminal justice system, and not by the academic institutions' own ad-hoc bodies.

Welcoming the Supreme Court's judgment on ragging, Dr. Raghavan said, "there are finally signs that the recommendations to prevent ragging in colleges will be taken seriously".^[28]

In 2007, the Supreme Court directed that all the higher educational institutions should include information about all the ragging incidents in their brochures/prospectus of admission.^[29]

2009 UGC Regulation

In 2009, in the wake of Aman Kachroo's death, the University Grants Commission (UGC) passed UGC regulation on curbing ragging in higher educational institutions.^[30] These regulation mandate every college responsibilities to curb ragging, including strict pre-emptive measures, like lodging freshers in a separate hostel, surprise raids at night by the anti-ragging squad and submission of affidavits by all senior students and their parents taking oath not to indulge in ragging.

Subsequently, UGC has made few amendments to the Regulation.^[31] As per these,

1. It is no longer required to get the verification of the affidavit done by an oath commissioner.
2. The definition of ragging is updated to read: "Any act of physical or mental abuse (including bullying and exclusion) targeted at another student (fresher or otherwise) on the ground of colour, race, religion, caste, ethnicity, gender (including transgender), sexual orientation, appearance, nationality, regional origins, linguistic identity, place of birth, place of residence or economic background."^[32]

Anti-ragging movement in India

With the situation of ragging worsening yearly, there is emerging a spontaneous anti-ragging movement in India. Several voluntary organisations have emerged, who conduct drives for public awareness and arrange for support to victims.

Online groups like Coalition to Uproot Ragging from Education (CURE), Stopragging, No Ragging Foundation became the major anti-ragging groups on the Internet. Among them, the No Ragging Foundation has transformed into a complete NGO and got registered as Society Against Violence in Education (SAVE) which is India's first registered anti-ragging nonprofit organisation (NGO).^{[33][34][35][36]}

The Indian media has exposed ragging incidents and the indifference of many concerned institutions towards curbing the act. The Supreme Court of India has directed, in its interim judgement, that action may be taken against negligent institutions.^[27]

References

1. ^ "Newsletter" (PDF). Society Against Violence in Education. February 2008. Archived from the original (PDF) on 16 February 2012.
2. ^ "Faculty Council of Engineering & Technology Application Form" (PDF). Kolkata: Jadavpur University, School of Education Technology. 22 Jul 2010. p. 3. Retrieved 26 May 2018. Approach of jadavpur university towards ragging
3. ^ "Annual Report 2010-2011" (PDF). University Grants Commission (India). p. 29. Retrieved 2 July 2016. Section 1.3(j) Anti-Ragging Cell
4. ^ Tiwari, Anil Kumar (2022-09-14). "Sleep Deprivation, Slapping, Miming Sexual Acts: Inside The Murky World Of Ragging In Indian Colleges". Article 14. Retrieved 2022-09-15.
5. ^ "Ragging can demolish a student - both mentally and physically". Firstpost. 21 August 2019. Retrieved 26 May 2020.
6. ^ Sen, Amit; Rao, Mohan; Seshadri, Shekhar; Sonpar, Shobna (2 August 2017). "Understanding ragging: Ahead of the academic season, a look at the problem, its impact". The Indian Express. Retrieved 26 May 2020.
7. ^ "Part III-Section 4: University Grants Commission Notification" (PDF). The Gazette of India. 29 June 2016. p. 2. Archived from the original (PDF) on 29 November 2021.
8. ^ Jump up to:^a b "Infopack" (PDF). antiragging.in. Retrieved 2020-04-07.
9. ^ Jump up to:^a b "Anti Ragging | Ragging in college | Anti Ragging Affidavit". antiragging.in.
10. ^ Harsh Agarwal; et al. (16 May 2007). "Ragging in India: Incidents, Social Perceptions and Psychological Perspectives" (PDF). Coalition to Uproot Ragging from Education. Archived from the original (PDF) on 27 September 2007.
11. ^ "The Terror Called Ragging". Society Against Violence in Education (SAVE).
12. ^ "All four accused held guilty of ragging Aman Kachroo to death". The Times of India. Archived from the original on 2013-07-08.
13. ^ "UGC Anti-Ragging Regulation" (PDF). UGC. 12 October 2009. See Point 7. Retrieved 9 July 2013.
14. ^ "Naveen Kujur ragging: Case against SPA for negligence and tampering with evidence". Indian Express.
15. ^ "UGC cell ignores complaints on ragging, registers just 1%". The Times of India. Archived from the original on 2013-02-21.
16. ^ "Anti-ragging helpline: 1.6 lakh dialled, but only 1,400 complained". Mid-Day. Archived from the original on 12 October 2012. Retrieved 13 January 2022.
17. ^ "CURE: Laws -- The Supreme Court of India Judgement". 27 September 2007. Archived from the original on 2007-09-27.
18. ^ Karlikar, Nishikant (30 September 2013). "College suspends medical students for 'ragging'". The Times of India. Retrieved 2020-04-20.
19. ^ "Payal Tadvi suicide case: Accused doctors granted bail by Bombay HC on strict conditions". Scroll.in. Retrieved 2020-04-20.
20. ^ Jump up to:^a b Shelar, Jyoti (2019-05-31). "What does State's anti-ragging Act say?". The Hindu. ISSN 0971-751X. Retrieved 2020-04-20.
21. ^ "Payal Tadvi Case: Chargesheet Reveals Months of Humiliation, Discrimination". The Wire. Retrieved 2020-04-20.
22. ^ "18 ragging accused face expulsion from hostel". Hindustan Times. 2010-01-05. Retrieved 2020-04-20.
23. ^ Chavan, Vijay (7 September 2015). "MIT principal charged for neglecting ragging". Pune Mirror. Retrieved 19 April 2020.
24. ^ "Maharashtra govt to strengthen anti-ragging laws, check caste bias". DNA India. 2019-06-19. Retrieved 2020-04-20.
25. ^ "Court: form panel to look into ragging". The Hindu. Chennai, India. 7 November 2006. Archived from the original on 1 October 2007.
26. ^ "Raghavan Committee Recommendation Report" (PDF). Human Resource Development Ministry, Government of India. Archived from the original (PDF) on 2007-09-27.
27. ^ Jump up to:^a b "Honbl. Supreme Court interim order on Ragging". Supreme Court of India.
28. ^ "R. K. Raghavan hails verdict". The Hindu. Chennai, India. 9 May 2009. Archived from the original on 11 May 2009. Retrieved 1 September 2010.
29. ^ "Untitled Page" (PDF). www.ugc.ac.in

    Shilpa Kharade
    B.ed First Year