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Anti-Ragging Laws in Karnataka, India

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8 views14 pages

Anti-Ragging Laws in Karnataka, India

Uploaded by

samyukta
Copyright
© All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd

SHORT NOTE ON ANTI-RAGGING LAWS IN KARNATAKA, INDIA

A. Background:
The practice of ragging was introduced in India during the colonial era when
British-style institutions were established. As English schools began increasing
in India, ragging also gained popularity among the students. While these rituals
were introduced to assimilate new students into the prevailing system and
create a sense of belonging, the nature of ragging took a darker turn and
became more violent and abusive.

Reasons for the prevalence of ragging in India-

 Unsupervised responsibility given to seniors in looking after their juniors


 Dependence of the university/college administration on seniors and
turning a blind eye when ragging is done under the garb of “teaching the
newcomers the ways and traditions of the institution.”
 Sense of power, seniority, superiority, and influence cultivated among the
seniors.
 As a form of retaliation
 Maintaining a public image and impression of being influential and
powerful among the student body.
 Lack of any control or correction by the institution's management.
 Making light of and normalising such acts.
 Lack of any laws that would cover the grey areas that students misuse to
get away with acts that would otherwise constitute offences.

B. Short Summary of the Note

I. Ragging laws are divergent throughout India, but have some common
ground on the definition of ragging, the impact of ragging, the reasons
for the prevalence of ragging in educational institutions, and the
punishments that must be imposed on the perpetrator, depending on the
nature and extent of harm caused by them.
II. Even though the first laws banning ragging were issued by the
Government of India in the late 1970s, the acts of ragging and their
severity did not decline to the expected extent. To curb it further, the
central as well as the state government enacted laws and made
guidelines, which vary from state to state, to address the specific issues
and nature of punishment for the perpetrator after several decided cases
in the court of law. This is dealt with the
(1) Indian Penal Code,1860, (now Bhartiya Nyaya Sanhita, 2023) on
the central level.
(2) Ragging Laws Acts were also enacted by various states through
their state legislations.
(3) In Karnataka, the Karnataka Education Act, 1983, and Ragging
guidelines:
States may choose to enact specific laws or incorporate provisions
to better address the nuances of ragging within their educational
institutions. This can involve addressing local cultural factors that
might contribute to ragging, or tailoring the laws to better reflect
the specific needs of their institutions and universities.
III. The ragging guidelines must also be curated by each educational
university and ensure that their anti-ragging policy is made known during
the admission of students in the university. This was dealt with under
the :
(1) UGC Regulations on Curbing the Menace of Ragging in Higher
Educational Institutions, 2009
(2) All India Council for Technical Education (Prevention and
Prohibition of Ragging in Technical Institutions, Universities
including Deemed to be Universities imparting Technical
Education) Regulation, 2009
(3) Medical Council of India (Prevention and Prohibition of Ragging in
Medical Colleges/Institutions) Regulations, 2009
IV. The Karnataka government receives direction and guidelines on anti-
ragging from various sources, primarily including the Supreme Court, the
University Grants Commission (UGC), and the Government of
India. These guidelines are enforced by the Karnataka Education Act,
1983, and the Supreme Court's judgments.
V. Section 116 of the Karnataka Education Act, 1983 makes ragging a
criminal offence and outlines the punishments, which came into effect
from June 1st, 1995, which were later amended in 2009.

C. Relevant Provisions and Definitions from the Act:


 UGC Regulations on Curbing the Menace of Ragging in Higher
Educational Institutions, 2009 (as per section 26(1)(g) of University
Grants Commission, 1956) The UGC Regulations are mandatory for all
institutions and universities. As per directions provided in University of
Kerala v Council of Principals of colleges in Kerala and Ors. (2009) 15
SCC 301, the mentioned regulations were formulated.

Relevant Extract of Provision


Provisions of the
Act
Section 3 (1) “college” means any institution, whether known as such or by
any other name, which provides for a programme of study beyond
12 years of schooling for obtaining any qualification from a
university and which, in accordance with the rules and
regulations of such university, is recognized as competent to
provide for such programmes of study and present students
undergoing such programmes of study for the examination for the
award of such qualification.
(2) “Head of the institution” means the ‘Vice-Chancellor’ in
case of a university/deemed to be a university, ‘Principal’ in case
of a college, ‘Director’ in case of an institute.
(3 )“institution” means a higher educational institution (HEI),
like a university, a college, an institute, etc., imparting higher
education beyond 12 years of schooling leading to a degree
(graduate, postgraduate, and/or higher level).
(4 )“Ragging” - 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 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 in the ordinary course and which has the effect of
causing or generating a sense of shame or embarrassment to
adversely affect the physique or psyche of a fresher or a junior
student.
(5) “University” means a university established or incorporated
by or under a Central Act, a Provincial Act or a State Act, an
institution deemed to be a university under Section 3 of the UGC
Act, 1956, or an institution specially empowered by an Act of
Parliament to confer or grant degrees.
Section 4 Punishable ingredients of Ragging:- • Abetment to ragging; •
Criminal conspiracy to rag; • Unlawful assembly and rioting while
ragging; • Public nuisance created during ragging; • Violation of
decency and morals through ragging; • Injury to body, causing
hurt or grievous hurt; • Wrongful restraint; • Wrongful
confinement; • Use of criminal force; • Assault as well as sexual
offences or even unnatural offences; • Extortion; • Criminal
trespass; • Offences against property; • Criminal intimidation; •
Attempts to commit any or all of the above mentioned offences
against the victim(s)
Section 6 Measures taken to prevent ragging
(1) Before admissions
(2) On admission
(3) At the end of the academic year
(4) Setting up of committees and their functions
(5) Other measures
Section 8 (1) At the institution level:
a) Cancellation of admission
b) Suspension from attending classes
c) Withholding/withdrawing scholarship/fellowship, and other
benefits
d) Debarred from appearing in any test/examination or other
evaluation process
e) Withholding results
f) Debarred from representing the institution in any regional,
national or international meet, tournament, youth festival,
etc.
g) Suspension/ expulsion from the hostel
h) Rustication from the institution for a period ranging from 1
to 4 semesters
i) Expulsion from the institution and consequent barring from
admission to any other institution
j) Fine of Rupees 25,000/-
k) Collective punishment: When the persons committing or
abetting the crime of ragging are not identified, the
institution shall resort to collective punishment as a
deterrent to ensure community pressure on the potential
raggers.
(2) At the university level in respect of institutions under it: If
an institution under a university (being constituent of, affiliated to
or recognized by it) fails to comply with any of the provisions of
these Regulations and fails to curb ragging effectively, the
university may impose any or all of the following penalties on it
a) Withdrawal of affiliation/ recognition or other privileges
conferred on it
b) Prohibiting such institution from presenting any students
then undergoing any programme of study therein for the
award of any degree/diploma of the university
c) Withholding any grants allocated to it by the university
d) Any other appropriate penalty within the powers of the
university.
(3) At the UGC level: If an institution fails to curb ragging, the
UGC may impose any or all of the following penalties on it
a) Delisting the institution from section 2(f) and /or section
12B of the UGC Act.
b) Withholding any grants allocated to it.
c) Declaring institutions which are not covered under section
2(f) and or 12B as ineligible for any assistance like that for
Major/ Minor Research Project, etc.
d) Declaring the institution ineligible for consideration under
any of the special assistance programmes like CPE (College
with potential for Excellence), UPE (University with
Potential for Excellence, CPEPA (Centre with Potential for
Excellence in a Particular Area), etc.
e) Declaring that the institution does not have the minimum
academic standards and warning the potential candidates
for admission accordingly through public notice and
posting on the UGC Website
f) Collaborating with other Statutory/ Regulatory bodies to
work out other possible deterrents.

 The Karnataka Education Act,1983

Relevant Provision of the Act Extract of Provision


Section 116 Penalty for Ragging
1) No person who is a student in an
educational institution, including an
institution under direct management of
the university or of the Central
Government, shall commit ragging
2) Any person who contravenes sub-section
(1) shall on conviction be punished with
imprisonment for a term which may
extend up to one year or with fine up to
two thousand rupees or with both

 The Karnataka Anti-Ragging Guidelines—CREATE AWARENESS

Relevant Extract of Provision


Provision of
the Act
APPENDIX- The advertisement issued for admission by a technical institution,
2(similar to University including Deemed to be University concerned and/or the
UGC admission authority/ affiliating University/State Govt./UT/Central Govt.
guidelines as the case may be, shall clearly mention that ragging is totally
Section 6(1 banned and anyone found guilty of ragging and/or abetting ragging is
TO 3) liable to be punished.
1.
2 The ‘Prospectus’ and other admission related documents shall
contain directions of the Supreme Court Affiliating University/admission
Authority/State Govt/Central Govt. shall make it mandatory for the
institutions under their jurisdiction to compulsorily incorporate such
information in their ‘Prospectus’. These Regulations shall be printed in
the brochure of admission/instruction booklet for candidates.
3 The application form for admission/enrolment shall have a printed
affidavit, preferably both in English and Hindi and/or in one of the
regional languages. The affidavit should be filled up and signed by the
candidate to the effect that he/she is aware of the law regarding
prohibition of ragging as well as the punishments, and that he/she, if
found guilty of the offence of ragging and/or abetting ragging, is liable
to be punished appropriately.
4 The application form shall also contain a printed affidavit, preferably
both in English and Hindi and/or in one of the regional languages and
the affidavit should be signed by the parent/guardian of the applicant
to the effect that he/she is also aware of the law in this regard and
agrees to abide by the punishment meted out to his/her ward in case the
latter is found guilty of ragging and/or abetting ragging.
5 The application for admission shall be accompanied by a document
along with the School Leaving Certificate/Character Certificate
which shall include a report on the behavioural patter of the applicant,
so that the institution can thereafter keep intense watch upon the
student who has a negative entry in this regard.
6 A student seeking admission to the hostel shall have to submit another
affidavit along with his/her application for hostel accommodation that
he/she is also aware of the law in this regard and agrees to abide by
the punishments meted out if he/she is found guilty of ragging and/or
abetting ragging.
8 The AICTE or an Agency identified/nominated for the purpose and
affiliating Universities and Directorate of Technical Education of the
concerned State Govt./UT shall maintain an appropriate data base of
the affidavits in the digital form obtained from every student at
the time of admission to the technical institutions, Universities including
Deemed to be Universities imparting technical education.
10 In case of freshers admitted to a Hostel, it shall be the responsibility of
the teacher in charge of the group to coordinate with the warden of the
Hostel and to make surprise visits to the rooms in the hostel where
the members of the group are lodged. Freshers should be lodged in a
separate hostel block wherever possible, and where such facilities are
not available, the college/institution shall ensure that seniors’ access
to freshers’ accommodation is strictly monitored by wardens,
Security Guards, and Staff.
11 Every institution should engage or seek the assistance of professional
counsellors at the time of admissions to counsel ‘freshers’ in
order to prepare them for the life ahead, particularly for adjusting to life
in hostels. At the commencement of the academic session the Head of
the technical Institution, University including Deemed to be University
imparting technical education shall convene and address a meeting of
various functionaries/agencies, like Wardens, representatives of
students, parents/guardians, faculty, district administration including
police, to discuss the measures to be taken to prevent ragging and steps
to be taken to identify the offenders and punish them suitably.
12 Every fresher admitted to the technical Institution, University including
Deemed to be University imparting technical education shall be given a
printed information booklet detailing when and whom he/she has to
turn to for help and guidance for various purposes (including
Wardens, Head of the institution, members of the anti–ragging
committee, relevant district and police authorities), addresses and
telephone numbers of such persons/authorities, etc.
14 The information booklet mentioned above shall also tell the freshers
about their rights as bona fide students and clearly instructing them
that they should desist from doing anything against their will even
if ordered by the seniors, and that they have nothing to fear as the
institution cares for them and shall not tolerate any atrocities against
them.
16 To make the community at large and the students in particular aware of
the dehumanizing effect of ragging, and the approach of the
institution towards those indulging in ragging, big posters (preferably
with different colors for the provisions of law, punishments, etc.) shall
be prominently displayed on all Notice Boards of all departments,
hostels and other buildings as well as at vulnerable places Some of such
posters shall be of permanent nature in certain vulnerable places.
17 The technical institutions, University, including deemed-to-be-
universities imparting technical education, shall request the media to
give adequate publicity to the law prohibiting ragging and the
negative aspects of ragging and the institutions' resolve to ban
ragging and punish those found guilty without fear or favour.
19 The technical Institution, University, including deemed to be University,
imparting technical education shall tighten security in its premises,
especially at the vulnerable places. If necessary, intense policing
shall be resorted to at such points at odd hours during the early months
of the academic session.
21 The faculties/departments/units of the technical Institution, University
including Deemed to be University imparting technical education shall
have induction arrangements (including those which anticipate, identify
and plan to meet any special needs of any specific section of students) in
place well in advance of the beginning of the academic year with a clear
sense of the main aims and objectives of the induction process.
22 Mobile Phones and other communication devices may be
permitted in residential areas including hostels to provide access to the
students particularly freshers, to reach out for help from teachers,
parents and Institution authorities
APPENDIX- a) Anti-ragging Committee: Every institution University including
5(SIMILAR Deemed to be University imparting technical education shall
TO constitute a Committee to be known as the Anti-ragging
SECTION6(4 Committee to be nominated and headed by the Head of the
) OF UGC) Institution, and consisting of representatives of civil and
6. a) police administration, local media, Non Government
b) Organizations involved in youth activities, representatives
of faculty members, representatives of parents,
representatives of students belonging to the freshers’
category as well as senior students, nonteaching staff; and
shall have a diverse mix of membership in terms of level as well
as gender.
b) It shall be the duty of the Anti-Ragging Committee to ensure
compliance with the provisions of these Regulations as well
as the provisions of any law for the time being in force
concerning ragging; and also to monitor and oversee the
performance of the Anti-Ragging Squad in prevention of
ragging in the institution.
c) c) Anti-Ragging Squad: Every institution University including Deemed
d) to be University imparting technical education shall also constitute a
e) smaller body to be known as the Anti-Ragging Squad to be nominated
by the Head of the Institution with such representation as may be
considered necessary for maintaining vigil, oversight and patrolling
functions and shall remain mobile, alert and active at all times.
Provided that the Anti-Ragging Squad shall have representation of
various members of the campus community and shall have no
outside representation.
d) It shall be the duty of the Anti-Ragging Squad to be called upon to
make surprise raids on hostels, and other places vulnerable to
incidents and having the potential for ragging and shall be
empowered to inspect such places.
e)It shall also be the duty of the Anti-Ragging Squad to conduct an on-
the-spot enquiry into any incidents of ragging referred to it by the
Head of the institution or any member of the faculty or any member of
the staff or any student or any parent or guardian or any employee of a
service provider or by any other person, as the case may be; and the
enquiry report along with recommendations shall be submitted to
the Anti-Ragging Committee for action. Provided that the Anti-
Ragging Squad shall conduct such enquiry observing a fair and
transparent procedure and the principles of natural justice and
after giving adequate opportunity to the student or students
accused of ragging and other witnesses to place before it the
facts, documents and views concerning the incidents of ragging,
and considerations such other relevant information as may be required.
f) f) Mentoring Cell: Every institution shall, at the end of each academic
year, in order to promote the objectives of these Regulations, constitute
a Mentoring Cell consisting of students volunteering to be Mentors
for freshers, in the succeeding academic year; and there shall be as
many levels or tiers of Mentors as the number of batches in the
institution, at the rate of one Mentor for six freshers and one
Mentor of a higher level for six Mentors of the lower level.
g) g)Monitoring Cell on Ragging:- The State Govt./UT and the
h) affiliating University shall set up a Monitoring Cell on Ragging to
i) coordinate with the institutions to monitor the activities of the Anti-
Ragging Committees, Squads, and Mentoring Cells, regarding
compliance with the instructions on conducting orientation
programmes, counselling sessions, etc., and regarding the incidents of
ragging, the problem faced by wardens and other officials, etc. This Cell
shall also review the efforts made by such institutions to publicize anti-
ragging measures, cross-verify the receipt of affidavits from
candidates/students and their parents/guardians every year, and shall be
the prime mover for initiating action by the University authorities to
suitably amend the Statutes or Ordinances or Bye-laws to facilitate the
implementation of anti ragging measures at the level of the institution.
h) The Monitoring Cell shall coordinate with the the institutions,
universities including deemed to be universities imparting technical
education to achieve the objectives of these Regulations; and the
Monitoring Cell shall call for reports from the Heads of institutions in
regard to the activities of the Anti-Ragging Committees, AntiRagging
Squads, and the Mentoring Cells at the institutions, and it shall also
keep itself abreast of the decisions of the Anti-Ragging Committees etc.
i) The Monitoring Cell shall also review the efforts made by institutions
to publicize anti-ragging measures, soliciting of affidavits from
parents/guardians and from students, each academic year, to abstain
from ragging activities or willingness to be penalized for violation; and
shall function as the prime mover for initiating action for amending the
Statues or Ordinances or Bye-laws to facilitate the implementation of
anti-ragging measures at the level of the institution

D. Relevant Case Laws

Relevant Case Brief Background Relevant Extracts


Vishwa Jagriti Mission  increase in the a)A comprehensive definition
through President v. number of incidents of of ragging as encompassing
Central Government ragging in educational various forms of harassment,
through Secy. & Ors. institutions. Some of intimidation and cruelty
(1999) the reported incidents inflicted on students, the SC
The Supreme Court Of have crossed the also held the institutions
India limits of decency, responsible.
morality and b)The Court directed the
humanity. educational institutions as well
 acts of indiscipline as the State and Central
and misbehaviour on governments to take strict
the part of the measures to prevent ragging
students must and to create a conducive
primarily be dealt learning environment.
with within the c)It also mandated the
institution and by formation of anti-ragging
exercise of the committees at institutional
disciplinary authority levels to address complaints
of the teachers over and take disciplinary actions.
the students and of d)Apart from emphasising the
the management of need for creating awareness
the institutions over campaigns amongst students,
the teachers and faculties, parents etc, the
students. Hon’ble Court also outlined
 Students ought not severe punishments for the
ordinarily be those involved in or
subjected to police encouraging ragging – even to
action unless it be the extent of expelling such
unavoidable. The students.
students going to e)At the commencement of the
educational academic session, the
institutions for institution should constitute a
learning should not proctorial committee
remain under consisting of senior faculty
constant fear of being members and hostel authorities
dealt with by police like wardens and a few
and sent to jail and responsible senior students:-
face the courts. The (i) to keep a continuous watch
faith in the teachers and vigil over ragging to
for the purpose of prevent its occurrence and
maintaining discipline recurrence,
should be restored (ii) to promptly deal with the
and the responsibility incidents of ragging brought to
fixed by emphasising its notice and summarily
the same. punish the guilty either by
itself or by putting forth its
findings/recommendations/sug
gestions before the authority
competent to take a decision.

The Court in its own  A first-year student at a a)The Raghavan Committee,


Motion v. Aman Kachroo medical college in set up in 2009, wrote in its
(2009) Himachal Pradesh was report that ragging was neither
The Supreme Court of severely and persistently a means of familiarisation nor
India ragged by seniors who introducing oneself to the new
were allegedly drunk. batch of students, rather such
 On March 7, 2009, his behaviour could only be
four seniors attacked him considered psychopathic and
so brutally in the boys' would reflect deviant
hostel that he was rushed personalities. It was a cruder
to the hospital the next form of embodying the power
day. configurations at play in the
 The post-mortem showed society at large.
that the 19-year-old had b) By 2009, even the UGC had
died of a brain adopted a Regulation on
haemorrhage. Curbing the Menace of
 A probe panel appointed Ragging in Higher Institutions
by the Supreme Court based on the recommendations
after national outrage of the Raghavan Committee
found that the teenager and given its own definition of
had repeatedly ragging, consisting of a
complained to the college comprehensive list of activities
and asked for help, but that would fall under the
was ignored. offence of ragging.
 Kachroo's death led to
the introduction of new
guidelines at colleges
across the country to
protect students from
ragging.

Karnataka High Court Judgement

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