Introduction

Ragging is the crude form of introduction of new students given by them in presence of their college seniors. Initially, it was a welcome gesture from the old students joining the educational institution. Generally, the ritual was conducted in a jovial and light bantering mood. Later, this gap between junior and senior students was diluted and the seniors assumed the role of big brothers who were supposed to take care of their juniors, especially in the college hostels. Since every student was far away from their homes, a bond of togetherness developed in due course of time amongst them which continued lifelong. Thus, ragging played an important role in developing human bonding which was beneficial for the student community as a whole. Further, it also helped in opening the personality traits of the students who had come from the subdued atmosphere of the home. This gave a different level of confidence to them in grappling with the variety of problems coming their way in actual life. However, gradually this gentle form of introductory ritual turned into ragging which became associated with nightmarish experiences of the newcomers as students. All sorts of perversions and distorted thought processes replaced the old system of joviality and brotherhood in educational institutions. In a few cases, students either were beaten badly or left the institution forever. In some cases, students committed suicide too. Recently, a first-year Bengali Honours student of Jadavpur University in West Bengal, committed suicide after falling from the second floor of his hostel in Kolkata. The student was allegedly being ragged by his seniors on campus. The investigation is on from both sides, the police and the University administration and a total of 13 people including students and the alumni of the same university, have been arrested so far.

The University Grants Commission (UGC) Guidelines on Ragging

In the year 2009, the UGC issued detailed guidelines for universities on anti-ragging. "The Regulations on Curbing the Menace of Ragging in Higher Educational Institutions”, the guidelines, contain nine explanations as to what would constitute ragging. It includes teasing, treating, or handling a fellow student with rudeness, causing physical or psychological harm, causing, or generating a sense of shame, using academic activity of any other student or a fresher, exploiting a fresher or any other student for completing academic tasks assigned to an individual or a group of students, financial extortion or forceful expenditure, homosexual assaults, stripping, forcing obscene and lewd acts, gestures, causing bodily harm. The UGC guidelines provide a clear mandate to the universities to take measures for prevention of ragging. Further, it requires that the universities should declare their intent publicly to prevent ragging and require students to sign an undertaking that they will not engage in ragging activities. In case any student is found guilty by the anti-ragging committee of the university, the guidelines require any member of the committee to "proceed to file an F.I.R within twenty-four hours of receipt of such information or recommendation, with the police and local authorities, under the appropriate penal provisions."

Ragging and the Supreme Court

The matter of ragging came up before the Supreme Court in the case of Vishwa Jagriti Mission through President Vs. Central Government through Cabinet Secretary & Others. In this case, the Supreme Court termed ragging as the "menace pervading the educational institutions of the country. " The petition was filed by Vishwa Jagriti Mission through a public interest litigation against the Central Government. The Court said that ragging is defined as "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 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 after the physique or psyche of a fresher or a junior student. The cause of indulging in ragging is deriving sadistic pleasure or showing off power, authority or superiority by the seniors over their juniors or freshers." A very comprehensive definition, undoubtedly it was! The Court also issued in this case key anti-ragging guidelines. Setting up Proctor Committee's to prevent ragging and internally address complaints against ragging. The Court held that "Failure to prevent ragging shall be construed as an act of negligence in maintaining discipline in the institution on the part of management, the principal and the persons in authority of the institution. Similar responsibility shall be liable to be fixed on hostel wardens/superintendents." Finally, the Court observed that "Ragging if it becomes unmanageable or amounts to a cognizable offence, the same may be reported to the police." The Court ordered that the UGC should bring these guidelines to the notice of all educational institutions. In another case of The University of Kerala Vs. The Council of Principals. In this case, the Supreme Court had ordered on 27.11.2006 to constitute a committee under the chairmanship of Mr. R.K. Raghvan, Ex-Director CBI on ragging. The Supreme Court's observations are worth quoting here:

• In modern era, "Ragging" has become to be known only as synonym of "teasing", "terror", "harassment ", "cruelty ", "fear" and "physical and mental torture".
• By perusal of records and survey, it has come to be accepted that "Ragging" is a systemized form of Human Rights' abuse as embodied under the Constitution of India as well as other Constitutions of the World.
• Over the years, all over the world and especially in South Asia, the practice of "Ragging" has come to be meant as an extreme "harassment", "terror" and even "physical and mental torture" of freshers."

The recommendations of the R.K. Raghavan Committee were subsequently adopted and formalized by the University Grants Commission. Further, in another case of Sachidanand Dabral Vs. Union Of India in a Writ Petition, the Supreme Court pronounced its judgment on March 31, 2023, and held in no uncertain terms that the heads of higher educational institutions shall be held responsible for the ragging incidents. The Court also passed directions to the State and University authorities to strictly implement the Regulations to curb ragging in all the higher educational institutions of the State.

The Legal Regime

Ragging is not a specific offence under the Indian Penal Code, but Section 339 of the Code criminalizes the offence of wrongful restraint which is punishable with simple imprisonment for a term which may extend to one month, or with fine which may extend to five hundred rupees, or with both. Besides that, several States have enacted separate laws against ragging. The Kerala Prohibition of Ragging Act, 1998 is one of them. It provides for suspension or dismissal of the student accused of ragging. It also requires the college administration to inform the nearest police station. If an educational institution fails to do so, it would be "deemed abetment" to the offence. In Uttar Pradesh, there is The Uttar Pradesh Prohibition Of Ragging In Educational Institutions Act, 2010. Section 4(1) of this Act says that whenever a complaint is made by the student, his or her parents or a teacher, against ragging, the Head of the Institution shall, within seven days of receipt of the complaint, inquire into the matter. If prima facie charges are found true, the student shall be expelled from the institution, and the complaint shall be forwarded to the police station concerned for further action. Section 5 stipulates that whoever directly or indirectly commits, participates, abets or propagates ragging within or outside any educational institution shall be punished with imprisonment of either description for a term which may extend to two years or with fine which may extend to ten thousand rupees or with both. Similarly, in the State of Jammu and Kashmir, there is a law namely, The Jammu And Kashmir Prohibition Of Ragging Act, 2011. Therefore, it is obvious from above discussion that the legal regime is not widespread in India and needs to be strengthened as early as possible.

Cyberbullying as a New Form of Ragging

In the last two decades, the sudden growth of electronic media and the Internet, institutional ragging has taken a new turn. Cyberbullying is the means through which the freshers are teased, coerced, and subjected to mental harassment for a long period of time. The nude or semi-nude or morphed pictures of the students are uploaded on social media platforms and mobile phones. Not only this but also, all kinds of rubbish information, mostly fake, is spread in text form through the above-mentioned media. Many students either leave the institution or commit suicide due to fear of character assassination.

Conclusion

The Menace of Ragging is a common phenomenon in the educational institutions of the country. Though it is not openly accepted by the concerned authorities. That is the prime reason that ragging is still flourishing. The authorities of these institutions refrain from publicizing the incidents due to the Perceptible loss of prestige of the institution. The police and administrative authorities show a lukewarm interest mainly because there are no specific and robust laws in the country. Lastly, the parents also try to brush the matter under the carpet to avoid further trouble. Students also generally don't confide in these matters with their parents due to shame or inborn hesitation. The result of all these factors is before our eyes. The solution lies in making adequate laws and bringing the guilty persons to book. An awareness programme needs to be launched at national scale to apprise the students about pros and cons of the problem. The management and the head of the institution owes the primary responsibility to create a healthy and peaceful atmosphere in and out of campus by inculcating into the students right values. The problem is big but not so difficult to solve with the help of all concerned. 

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