a Critical Evaluation of Ragging and Anti ragging Laws in India

 

Jayant Minj¹, Dr. Abdul Alim Khan²

 

¹Research Scholar, School of Studies in Law, Pt. Ravishankar Shukla University, Raipur

²Professor & Head, School of Studies in Law, Pt. Ravishankar Shukla University, Raipur

 

ABSTRACT:

Ragging is uniquely an Indian phenomenon. Present day students are countries future valuable assets. Behind the façade of “welcoming” new students to college, ragging in actually is a notorious practice. The word ragging means the act of by which the senior students does an act against the will of the junior students which includes practical jokes, introduction, forcing them to  call them sir/madam, dress code any such acts which are against their will. Generally ragging is focused o the new comers to the college. The act of ragging is against the human rights of individual student. Since time immemorial and despite several measures undertaken, including the legal regime established, achieving a ragging free environment is still a distant dream.

The Indian Constitution of 1950 guarantees number of fundamental rights to citizens and others. Most important of them are the Right to Equality, Right to Freedoms including the Right to Life and Personal Liberty, and the Right against Exploitation. In so far as ragging is concerned all the aforementioned fundamental rights would be violation by any act of ragging. To eradicate ill practice of ragging various anti ragging Laws have been framed by different states.

 

 

INTRODUCTION:

It has been the custom of our Indian culture that we always welcome our new comers. In the same way welcoming the new student is also the symbol of our rich culture heritage of India. So the new students are welcomed by the senior students. But not behind the facede of “welcoming” new student to college ragging is an ill practice followed by the senior students.

 

 

It is found that there are primarily two ways in which ragging can defined:-

·        Ragging as defined by law, and

·        Ragging as defined by the person/victim as herself/ himself (self-definition)

 

Ragging as defined by law:

“Ragging as defined by law: According to section 3 of The Tripura Education Instituions (Prevention of Ragging) Act, 1990.as- first of all it is necessary that for committing the offence of ragging the student must be registered as a student of that institution, second the student must suffer bodily (physical) or mental (mentally) injury, third insult or tourcher in any form shall result in the act of ragging”.¹

 

"According to section 2 (a) Chhattisgarh Shaikshanik Sansthaon Me Pratarna Ka Pratishedh Adhiniyam, 2001Defines ragging as an act compelling the students to do following inhuman act such as-

·        Practical jokes

·        Exposing them in public

 

And other such criminal act as-

·        Wrongful restraint

·        Wrongful confinement

·        Injury

·        Criminal force

·        Assault

 

The entire following act when committed on the junior student shall constitute an offence which in known as ragging”.²

 

“According to the Goa Prohibition of Ragging Act 2008 defines ragging as-

·        Any conduct/act

·        Words

·        Or in writing

 

Which result to indiscipline activities harming the junior student’s psychological, creation annoyance and fear among the new admitted students to the educational institutions. Such act makes the campus environment of shame and embarrassment to the fresh or junior students. The entire above act result in the offence of ragging.”³

 

Ragging as defined by the person/victim as herself/ himself (self-definition):

Ragging is an act of humiliation, by action or words, written or oral, carried out by senior student(s) on junior students with intent to humiliate the juniors in an attempt to demonstrate their power and superiority. There are many students who will not raise their voice against ragging. However, there are also others who will simmer inside and will be restless till they find a solution to their concerned authorities in order to get justice since they feel that they have been wronged.

 

According to senior student “ragging” is means to control their juniors and to teach lesson in other words ragging is a means to show their seniority to the junior students by the way of power. And according to juniors “ragging” is one of worst experience they have to go through. Because of ragging students leave colleges/university even commits suicides.

 

OBJECT OF STUDY:

In the last decade ragging has become one of the worst practices between the students in higher education system. Various incidents of ragging have been registered all over the country. The problem of ragging had become a serious problem.

 

Various state laws had been enacted to irradiate the ill practice of ragging from the campus of education system. The present object of study is to examine the rate of ragging in different state having the anti-ragging laws.

 

Hypothesis:

In recent years, the case of ragging had increased in the country and various serious offences under the umbrella of ragging had been registered. So there should be a check and control over the cause of ragging.

 

RESEARCH METHODOLOGY:

Secondary data for the research methodology is used in this research

 

Anti-Ragging Laws in India:

In India the tradition of ragging was imported along with the English education. Though it existed in the Army and English public schools much before the country's independence, it became conspicuous only after independence. Ragging then meant seniors mocking and jesting at new students. During the 60’s ragging was not a problem in our country. Because the reason was our rich and strong culture and traditional back ground of GuruKul system of education in India. Later on due to effect of modernization the evil of ragging entered into the education system and yet prevailing and destroying our education system. Gradually as the higher education became more and more accessible to different communities, ragging became a soft weapon to settle the animosity between students of different castes, communities and religion etc.

 

In the history of anti-ragging Act Tamil Nadu become the first state to draft anti-ragging legislation in the year 1997 because it was one of the worst state facing the problem of ragging. In 2001, the Hon'ble Supreme Court of India banned ragging throughout the country. It was now left to the college authorities to enforce this law. For curbing the menace of ragging, various regulations have been put in place by the UGC (University Grant Commission), AICTE (All India Council for Technical Education) and MCI (Medical Council of India). In the view of the direction of the Hon’ble Supreme Court in the matter of University of Kerala V. Council of Principals of Colleges in SLP No. 24295 of 2006 dated 16/05/2007 and also order dated 08/05/2009 passed in Civil Appeal No. 887/2009: under section 26 sub-clause 1 (g) of the University Grant Commission Act 1956, in year 2009 UGC Regulation was framed for stopping and controlling the evil of ragging in education institutions.⁴

 

Some of states have also passed legislation to stop and control the ill practice of ragging from the education institutions. Some of these legislation are as follows:

1.      Tamil Nadu Prohibition of Ragging Act, 1997.

2.      Andhra Pradesh Prohibition of Ragging Act, 1997.

3.      The Kerala Prohibition of Ragging Act, 1998.

4.      Maharashtra Prohibition of Ragging Act, 1999.

5.      The West Bengal Prohibition of Ragging in Educational Institutions Act, 2000.

6.      Chhattisgarh Shaikshanik Sansthaon Me Pratarna Ka Pratishedh Adhiniyam, 2001.

7.      The Goa Prohibition of Ragging Act, 2008.

8.      The Himachal Pradesh Educational Institutions (Prohibition of Ragging) Act, 2009.

9.      The Jammu and Kashmir Prohibition of Ragging Act, 20011.

 

Comparative analysis of state anti ragging legislations:

Parameter	Findings
Aims and objective	After the comparative analysis of various states anti ragging legislation it is found that the all state anti-ragging legislations had the same aim and objective. The entire Act focused on the prohibition of ragging.
Purpose	All the Act had framed with the purpose of to stop and control the ill practice of ragging from the education institutions
Definition	Different state have give different definitions for ragging but all the definition were one of other way interpreted the word ragging.
Nature of offences	teasing, abuse, playing practical jokes, causing hurt, embarrassing or humiliation, assault, criminal intimidation, wrongful restrain, kidnapping, abduction, rape, causing death, abetting suicide.
Whether Compoundable /Cognizable/ bailable	Some of Act has not mentioned it where as some of Act have made it non-compoundable, cognizable and non- bailable. Some of Act made it compoundable with the permission of the court.

 

After comparing different states Acts it has been found that all the Act focused to scrub the anti-ragging act in the educational institutions. Aims object and purpose of the Act were similar to each other the main difference was found was in the definition clause of the Act. Different Act provides different definition of ragging. The definition of ragging changes differently according to the state Act. The natures of offence are similar and related to the IPC offences. On the question of whether the offences are compoundable/cognizable/bailabe some of Act has not mentioned it where as some of Act have mentioned it.

 

State with anti-ragging Laws and data of ragging From June, 2009 up to23/11/2016.⁵

State	Female June 2009 to 23/11/2016.	Male June 2009 to 23/11/2016
Andhra Pradesh	29	74
Chhattisgarh	05	02
Goa	03	02
Himachal Pradesh	03	19
Jammu and Kashmir	03	19
Kerala	09	156
Maharashtra	28	172
Tamil Nadu	33	183
West Bengal	66	391
Total	170	1018

 

 

 

 

 

 

From the above data analysis many fact have come to light. However it is very clear that although some of the states are having anti-ragging laws but fails to stop anti-ragging activities in the education institution and fails in making the education campus free from ragging. West Bengal has the highest number of ragging, Maharashtra second and Kerala third. These are the states with special anti-ragging laws and the rate of ragging show high in the states. This show the failure of laws and implementation machinery.

 

CONCLUSION:

The most important part of any one life is their education life. This is the time when they make their future and the ragging is the worst part of everyone’s education life. Ragging spoils the education life of the students. The impacts of ragging can spoil the whole life of a student. The ragging affects psychology, physically and economically to any one’s life.

 

The effect of ragging is not only to the student but the family also had to face the same trauma facing by the student in the output of ragging. And in health society the act of ragging should not tolerated. Only Acts are not sufficient strong implementation are required for its positive output in the education system.

 

REFERENCE:

1.       Section 3 of The Tripura Educattion Instituions(Precention of Ragging) Act, 1990.

2.       Section 2 (a) Chhattisgarh Shaikshanik Sansthaon Me Pratarna Ka Pratishedh Adhiniyam, 2001

3.       The Goa Prohibition of Ragging Act, 2008

4.       http://www.ugc.ac.in/oldpdf/regulations/gazzetaug2010.pdf (last accessed on 01/08/17)

5.       With reference to online RTI application No. UGCOM/R/2016/90012

 

 

Received on 08.05.2017       Modified on 18.05.2017

Accepted on 28.06.2017      © A&V Publication all right reserved