CASE NO.: Writ Petition (civil) 656 of 1998 PETITIONER: VISHWA JAGRITI MISSION THROUGH PRESIDENT RESPONDENT: CENTRAL GOVT, THROUGH CABINET SECRETARY AND ORS. DATE OF JUDGMENT: 04/05/2001 BENCH: R.C. LAHOTI & BRIJESH KUMAR JUDGMENT:
JUDGMENT
2001 (3) SCR 540
The following Judgment of the Court was delivered :
Pursuant to our order dated 3.3.2001, the University Grants Commission has
filed written submissions/guidelines. An advance copy has already been
supplied to the learned counsel opposite.
This public interest litigation highlights a menace prevading the
educational institutions of the country which in spite of efforts made by
the Central Government, the University Grants Commission, State Governments
and some of the educational institutions is unfortunately showing an
upwards trend. The petitioner seeks directions of this Court so as to curb
the menace of ragging.
The pleadings are complete. Inasmuch as the petition involves dealing with
an issue which is likely to affect a large number of students and
relationship of the students inter se belonging to different age-groups and
coming from different social and cultural background as also the
relationship of the students with the institution, the petition needs a
detailed hearing. The issues arising for decision cannot be dealt with
through a legalistic approach only; sociological and psychological factors
shall have to be kept in view. However, all the learned counsel appearing
in the case have submitted that the Court is shortly closing for summer
vacation and by the time it re-opens most of the educational institutions
may have become functional and therefore it would be in public interest if
some guidelines by way of an interim order are laid down by this Court.
Accordingly, we have heard the learned counsel for the parties.
In exercise of the jurisdiction conferred by Article 32 and Article 142 of
the Constitution we issue the following guidelines :-
This Court views with concern the increase in the number of incidents of
ragging in educational institutions. Some of the reported incidents have
crossed the limits of decency, morality and humanity. Some of the States
have acted by enacting legislations and making ragging as defined therein a
cognizable and punishable offence. However, we feel ragging cannot be cured
merely by making it a cognizable criminal offence. Moreover, we feel that
the acts of indiscipline and misbehaviour on the part of the students must
primarily be dealt with within the institution and by exercise of the
disciplinary authority of the teachers over the students and of the
management of the institutions over the teachers and students. Students
ought not ordinarily be subjected to police action unless it be
unavoidable. The students going to educational institutions for learning
should not remain under constant fear of being dealt with by police and
sent to jail and face the courts. The faith in the teachers for the purpose
of maintaining discipline should be restored and the responsibility fixed
by emphasising the same.
Broadly speaking 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
other student, indulging in rowdy or indisciplined 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 the physique or
psyche or 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.
Ragging can be stooped by creating awareness amongst the students, teachers
and parents that ragging 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.
Anti-ragging movement should be initiated by the 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
punishment 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/Ordinances they should be brought to the notice of the
students/parents seeking admissions.
The application form for admission/enrolment shall have a printed
undertaking to be filled up and signed by the candidate to the effect that
he/ she is aware of the institution’s approach towards ragging and the
punishments 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.
Such of the institutions as 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,
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.
The management, the principal, the teaching staff should interact with
freshers and take them in confidence by apprising them of their rights as
well as obligation to flight 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 while protecting the
complainants from any harassment by perpetrators of ragging. 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.
At the commencement of the academic session, the institution should
constitute a proctorial committee consisting of senior faculty members and
hostel authorities like wardens and a few responsible senior students :-
(i) to keep a continuous watch and vigil over ragging so as to prevent its
occurrence and recurrence,
(ii) 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
finding/recommendation/suggestions before the authority competent to take
decision.
All vulnerable locations shall be identified and specially watched.
The local community and the students in particular must be made aware of
dehumanising effect of ragging inherent in its perversity. Posters, notice
boards and sign-boards-wherever necessary, may be used for the purpose.
Failure to prevent ragging shall be construed 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.
The hostels/accommodations where freshers are accommodated shall be
carefully guarded, if necessary by posting security personnel, and placed
incharge of a warden/superintendent who should himself/herself reside
thereat, and wherein the entry of seniors and outsiders shall be prohibited
after specified hour of night and before except under the permission of the
person incharge. Entry at other times may also be regulated.
If the individuals committing or abetting ragging are not identified
collective punishment could be resorted to act as a deterrent punishment
and to ensure collective pressure on the potential raggers.
Migration certificate issued by the 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.
If an institution fails to curb ragging, the UGC/Funding Agency may
consider stoppage of financial assistance to such an institution till such
time as it achieves the same. An University may consider disaffiliating a
college or institution failing to curb ragging.
The Universities and the institutions shall at a reasonable time before the
commencement of an academic year, and therefore at such frequent intervals
as may be expedient deliberate over and devise such positive and
constructive activities to be arranged by involving the students generally
so that the seniors and juniors, and the existing students and the
freshers, interact with each other in a healthy atmosphere and develop a
friendly relationship so as to behave like members of a family in an
institution. Seniors or juniors should be encouraged to exhibit their
talents in such events so as to shed their complexes.
We make it clear that 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. If there are local laws governing ragging they
shall be implemented and knowledge and information about such laws shall
also be disseminated. Ragging if it 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 expect the
police also to deal with such incidents when brought to its notice for
action by keeping in mind that they are dealing with students and not
criminals. The action of the police should never be violent and be always
guided by a correctional attitude. The UGC shall bring these guidelines to
the notice of all educational institutions. Publicity may also be given by
issuing press notes in public interest by UGC and Central Government.
List after summer vacation.