SC guidelines to curb ragging

By T.Padmanabha Rao

NEW DELHI, AUG. 8. The Supreme Court today, viewing with concern the increase in the number of ragging incidents in educational institutions some of which ``have crossed the limits of decency, morality and humanity'', in exercise of jurisdiction under Articles 32 and 142 of the Constitution, issued ``guidelines'' to all concerned with a view to curbing this menace.

Article 32 deals with enforcement of fundamental rights by the court, while Article 142 relates to enforcement of its orders and decrees.

Delivering the orders in a public interest litigation (PIL), a Bench, comprising Mr. Justice R.C. Lahoti and Mr. Justice Brijesh Kumar, noted that ``ragging can be stopped by creating an awareness amongst the students, teachers and parents that it is a reprehensible act which does no good to any one, and by simultaneously generating an atmosphere of discipline by sending a clear message that no act of ragging shall be tolerated and any act of ragging shall not go unnoticed and unpunished.''

The Bench, which included the Chief Justice Dr. A.S. Anand, was disposing of the PIL from Vishwa Jagriti Mission.

Some of the guidelines issued by the Bench are:

anti-ragging movement should be initiated by the educational institutions right from the time of advertisement for admissions. The prospectus, the form 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 which may include expulsion from the institution, suspension from the institution or classes 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 statute/ordinance they should be brought to the notice of the students/parents seeking admissions. 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, along with their addresses and telephone numbers, should be given to freshers at the time of admissions so that they need not look up to the seniors for help in such matters.

If an institution fails to curb ragging, the UGC/funding agency may consider stoppage of financial assistance to it till it achieves the same. An university may consider disaffiliating a college or institution failing to curb ragging.

Failure to prevent ragging shall be construed as an act of negligence in maintaining discipline 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.

``If ragging becomes unmanageable or amounts to a cognizable offence the same may be reported to the police. However, the police should be called in or allowed entry in the campus at the instance of the head of the institution or the person in charge.''

``We (the Bench) expect the police also to deal with such incidents when brought to their notice for action by keeping in mind that they are dealing with students and not criminals,'' and ``the action of the police should never be violent and be always guided by a correctional attitude.''

These guidelines ``are only illustrative and are not intended to come in the way of the institutions and authorities devising ways and means to curb the ragging,'' the Bench said adding that ``if there are local laws governing ragging they shall be implemented and knowledge and information about such laws shall also be disseminated.''

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