Theme: Crimes & Violence

Duties of Institutions to Prevent Ragging

It is the duty of the college to prevent ragging. All colleges/universities must take all measures to eliminate ragging, both within and outside the campus. Under the law, no college or institution, including all sub-units, like departments, canteen, etc., can allow ragging in any way.(( Section 5, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

All colleges/universities have to take steps to prevent ragging at different stages i.e. on the admission of students and on enrollment. 

Measures during Admission 

All colleges/universities must take the measures at the time of admission of students. Some of these are:(( Section 6.2, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • Make a Public declaration (in any format – print, audiovisual, etc.) that ragging is completely prohibited in the college, and that anyone found ragging a student will be punished under the law.
  • Provide information on ragging in the brochure of admission/prospectus. This must have the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009 (UGC Guidelines) printed, with contact information of all important functionaries, like the Head, Wardens of hostels, etc. Additionally, they have to provide the number of the anti-ragging helpline.
  • Provide an affidavit with the application form. These affidavits for students and parents must that state that the student and the parents have read and understood the UGC Guidelines, are aware that ragging is prohibited and that the applicant will not engage in any ragging, and will be liable for punishment, should he or she engage in any such behaviour. Additionally, signing affidavits while applying for hostels.
  • Provide a document that reports on the social behaviour of the applicant. Such a document should include any reported misconduct so that the college can monitor the student. This document must accompany the application form.
  • Discuss measures and steps to prevent ragging with hostel Wardens, representatives of students, parents, etc. The head of the college must convene such discussions.
  • Display prominently at various locations the punishment for ragging and the provisions of the UGC guidelines and any other law which is applicable.
  • Identify and keep a close watch on locations where ragging is likely to take place. Further, the Anti-Ragging Squad should inspect such places at odd hours during the first few months of the semester.

Measures during Enrollment/Registration

All colleges/universities must take certain measures at the time of enrolment/registration of students. Some of these are:(( Section 6.2, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

Giving leaflets to new students in a college that specify:

  • Persons he can reach out to in case of ragging. This should include Anti-Ragging helpline number, contact information of persons like hostel wardens, the local police, etc.
  • The inductions and programs to enable new students to interact and integrate with the senior students.
  • Rights enjoyed as a student of that college.
  • Instructions that the student should not engage in and report any ragging, even if asked by the senior students.
  • A calendar with all the activities to facilitate familiarity of the freshers with the academic environment.

Students are encouraged to report ragging. For instance, if they are the victim or they complain on another student’s behalf,  their identity is protected, and there are no adverse consequences for reporting an incident.

The batch of freshers will be divided into smaller groups, and each group will have a teacher who will interact with them daily to understand if the students have problems.

Separating freshers from seniors in hostels. In situations where this is not possible, wardens/hostel security must monitor senior students’ access to junior students.

The Head of the college must send a letter to parents of first-year students, at the end of the academic year, to inform them about the law on ragging and the applicable punishments. Additionally, the letter must also ask parents to talk to their children on not engaging in any ragging behaviour.

General Measures

In addition to the measures specified above, each college must take some general measures. Some of these are:(( Section 6.4, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • The college must constitute authorities i.e. Anti-Ragging Committee, Anti-Ragging Squad, Mentoring Cell and Monitoring Cell on Ragging.(( Section 6.3, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))
  • Each hostel must have a full-time Warden. The warden should have qualifications that include an ability to discipline, prevent ragging and communicate/counsel the students.
  • The Warden must be available at all hours, and must have a well-publicized telephone number, which will be provided by the college.
  • The college must take extensive measures to publicize against ragging by means of audio-visual aids, counseling sessions, workshops, etc.
  • The colleges/universities must allow unrestricted access to mobile phones, except in classrooms, the library, etc. This is to allow students to easily complain about ragging to the Anti-Ragging Squad.
  • Sensitization of all the faculty of the college, including non-teaching staff, on ragging.

What are the offences and punishments under this law?

[Trigger Warning: The following content contains information on physical violence which some readers may find disturbing.] 

The crimes relating to acid attacks have been specified under the Indian Penal Code, 1860 and the Code of Criminal Procedure, 1973. Anyone can be punished for the crimes given below regardless of their gender. They are:

Throwing acid or attempting to throw acid

Throwing acid on a person and hurting them is a crime. The punishment for throwing acid is jail time of minimum 10 years that can be extended to life imprisonment along with a fine that is reasonable enough to meet the medical expenses of the acid attack survivor.(( Section 326A, Indian Penal Code, 1860.))

Additionally, throwing or attempting to throw acid on a person is also a crime. The punishment is jail time of a minimum of 5 years and can be extended to 7 years, along with a fine.(( Section 326B, Indian Penal Code, 1860.))

Helping someone throw acid

Helping someone throw acid is also a crime. Helping someone commit a crime is known as abetment under the law. The punishment for abetment is the same as the punishment for throwing(( Section 326A, Indian Penal Code, 1860.)) or attempting to throw acid(( Section 326B, Indian Penal Code, 1860; Section 109, Indian Penal Code, 1860.)) on another person.

Refusing to treat or provide free immediate treatment to an acid attack survivor

An acid attack survivor has a right to medical treatment and a hospital refusing to provide such treatment is a crime under the law. A complaint can be filed before the police against a person who refuses to treat the survivor.(( Section 357C, Code of Criminal Procedure, 1973.))

Besides the specific acid attack crimes in the Indian Penal Code, 1860, other crimes can also be implicated or written in the FIR or charge sheet by the police in the case of acid attacks. These include murder,(( Section 325, Indian Penal Code, 1860.)) attempt to murder,(( Section 307, Indian Penal Code, 1860.)) hurting someone with dangerous weapons,(( Section 324, Indian Penal Code, 1860.)) and causing grievous hurt.(( Section 325, Indian Penal Code, 1860.))

Non-Physical Sexual Behaviour

Portfolio Keyphrase: Non-physical Sexual Harassment of child

Tags: Abuse, Violence, Crime, Children, Explainer

[Trigger Warning: The following content contains information on sexual and physical violence which some readers may find disturbing.]

Sexual harassment means non-physical sexual behaviour which is unwelcome to the child, such as(( Section 3, The Protection of Children from Sexual Offences Act, 2012.)):

Speaking and gesturing sexually

  • Speaking, gesturing, or showing sexual organs to  the child.
  • Showing a sexual object or any sexual body parts to a child.
  • Forcing or asking a child to show their body parts to someone else.

Stalking and threatening

  • Repeatedly or constantly following, watching, or contacting a child either directly or indirectly by phone, SMS, the internet, or any other form.
  • Threatening or lying to a child to involve them in a sexual act in any form of media.

Pornography- related

  • Showing pornography to a child.
  • Tempting or persuading a child to participate in pornographic acts.

Sexual harassment of a child is punishable with jail time up to three years along with a fine.(( Section 12, The Protection of Children from Sexual Offences Act, 2012.))

Punishment for Rape

[Trigger Warning: The following content contains information on physical violence and sexual violence which some readers may find disturbing.]

The punishment for rape is imprisonment for ten years to life imprisonment, along with a fine.(( Section 376(1), Indian Penal Code, 1860.))

The punishment is more severe in the following circumstances:

When the survivor is below sixteen years

When the survivor is below sixteen years, the punishment is imprisonment for twenty years to life imprisonment (imprisonment for the rest of the person’s life), along with a fine.(( Section 376(3), Indian Penal Code, 1860.)) If the survivor is below twelve years, the perpetrator can be given the death penalty.(( Section 376AB, Indian Penal Code, 1860.)) The fine should be just and reasonable to meet the medical expenses and rehabilitation of the survivor, and is paid to the survivor.

When rape results in a woman’s death or vegetative state

If rape results in an injury which causes the death of the woman or puts her in a persistent vegetative state, the perpetrator is punishable with imprisonment for twenty years to life imprisonment (imprisonment for the rest of the person’s life), or with death.(( Section 376E, Indian Penal Code, 1860.))

What are Sexual Remarks and Threats?

[Trigger Warning: This explainer contains information on physical violence, sexual violence, abuse and slurs which some readers may find disturbing.]

If anyone says anything sexual to or sexually threatens a person, it is a crime under the law. Currently, only a man can be punished for the crime.(( Section 354A(1)(iv), Indian Penal Code, 1860; Section 354A, Indian Penal Code, 1860.))

Some examples of sexual remarks are:

  • A remark or statement that feels sexual to a person.
  • An ordinary remark which isn’t exactly sexual in nature but has a sexual implication to it.(( Jishu Sengupta & Others v. The State of West Bengal & Anr, 2017 CriLJ 1531.)) For example, a metaphor or innuendo.

Sexual threats can be verbal, gestural or written.(( Section 354, Indian Penal Code, 1860.)) There is a higher punishment for such acts. A statement or behaviour is a sexual threat if:

  • It is sexual and is intended to scare, hurt or annoy a person.(( Section 350, Indian Penal Code, 1860.))
  • It is made to warn a person of an inappropriate touch or any forceful sexual act which is about to happen.(( Section 350, Indian Penal Code, 1860.))

The punishment for making sexual threats or remarks is jail time of minimum one year and maximum five years along with a fine.(( Section 354, Indian Penal Code, 1860.))

Blackmailing LGBTQ+ Persons

If anybody threatens to out your identity or sexual orientation and asks for money or anything of value to maintain their silence, they are committing a crime of extortion.(( Section 383, Indian Penal Code, 1908.)) Even the threat of injuring you in this process would amount to the crime of extortion. For example, if someone asks you for money in exchange for keeping your decision to change your gender identity a secret, then this is a crime of extortion for which you should complain to the police.

In such scenarios, you can get immediate help by calling helplines. You can complain with the police regardless of your sexual orientation or gender identity. You can file an FIR with the police with the help of Section 383 of the Indian Penal Code, 1860.

Blackmailing You for Favors

If anybody threatens to hurt you physically or your reputation in exchange for favors, then it is a crime of blackmail and it is legally recognized as criminal intimidation.(( Section 503, Indian Penal Code, 1908.)) These favors may be asked from you in exchange for not outing your identity or sexual orientation. Under the law, it will be criminal intimidation only if you are asked to do:

  • Illegal acts such as asking stealing a companies private data etc.
  • Acts which stop you from doing something that you were legally bound to do, like for example, you have filed a case against someone and you are being blackmailed in exchange for ending the case.

You will have to file an FIR with the help of Section 503 of the Indian Penal Code, 1860.

Signs of domestic violence

[Trigger Warning: The following content contains information on domestic violence which some readers may find disturbing.]

Domestic violence can be of many different kinds and in many form, such as verbal, sexual, etc. Given below is an indicative list of signs of domestic violence. You can get protection and go to Court if you, or any child in your custody, have faced any of the following acts(( Section 3, The Protection of Women from Domestic Violence Act, 2005; Form IV, The Protection of Women from Domestic Violence Act, 2005.)):

Physical Abuse

  • You are being hurt physically, and your health, physical development or well- being is threatened. For example, beating you, slapping you, hitting you, etc.
  • You are being hurt physically, and it is causing danger to your life.
  • Someone makes any gestures that makes you believe that they are going to physically hurt you. For example, if your husband shakes his fist at you while knowing that it will likely make you believe that he is going to punch you.
  • Verbal or physical threats to harm you or your loved ones, in order to:
  • Scare you or alarm you or make you feel annoyed.
  • Make you do something you don’t legally have to do. For example, if your in-laws threaten to hurt you if you don’t quit your job.
  • Prevent you from doing something you are legally entitled to do. For example, if your husband threatens to hurt you if you want to file a complaint against him.

Verbal and Emotional Abuse 

  • You are insulted, humiliated or ridiculed. For example, if your husband calls you abusive names because you did not bear a male child, or because you did not bring dowry.
  • The harasser threatens to commit suicide. For example, if you state that you want to divorce your husband, and he threatens to commit suicide if you do so.
  • Separating you from your child. For example, if you are separated from your newborn child because your in-laws believe you cannot take care of him.(( Parijat Vinod Kanetkar and Ors. v.  Malika Parijat Kanetkar and Ors.  2017 (2) RCR (Criminal) 792.))
  • Preventing you from taking a job, or forcing you to leave your job.
  • Preventing you, or any child in your custody, from leaving the house.
  • Preventing you from meeting any person, like family members or friends.
  • Forcing you to get married to someone or preventing you from getting married.
  • Threats to cause physical pain to your loved ones.

Economic/Monetary Abuse

  • You are deprived of any financial assets and resources you are entitled to. For example, if you are a widow in a joint family, and are deprived of the resources belonging to the joint family.
  • Restricting access to resources that you normally use by virtue of the relationship you share with the harasser, such as access to any part of the house that you live in.
  • Dispossess you from your assets, or assets held jointly. For example, if your husband sells off the property that both of you own together.
  • Removing your personal items from the household, such as your clothing, utensils, etc.
  • Not allowing you to use items of general household use, such as preventing you from entering the kitchen.
  • Not giving you enough money to maintain yourself/your children, such as money for food, clothes, medicines, etc.
  • Not letting you take up employment, or disturbing you in carrying out your job.
  • Taking away your salary, or not letting you use your salary.
  • Forcing you to leave the house.
  • Not paying rent, if living in a rented accommodation.

Sexual Abuse 

  • Any unwelcome sexual conduct, such as you are forced to have sexual intercourse.
  • You are forced to perform a sexual act that makes you feel humiliated, abused or violated.
  • You are forced to view pornography or any other obscene material.
  • Your child has been sexually abused.

The Courts may recognize other acts of violence/abuse as domestic violence also, depending on your situation. If you are not sure whether you are facing domestic violence, you should get in touch with the Protection Officer of your district, a lawyer or any NGO or service provider who will be able to help you.

When are prenatal diagnostic procedures permitted?

The law allows the use of prenatal diagnostic procedures in certain limited circumstances.

Prenatal diagnostic procedures can be conducted to detect chromosomal abnormalities, genetic metabolic diseases, haemoglobinopathies, sex-linked genetic diseases, congenital anomalies, and other abnormalities or diseases in the foetus.(( Section 4(2), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.))

To conduct such procedures to detect the above abnormalities, the written consent of the pregnant woman must be taken,(( Rule 10, Pre-Conception and Pre-Natal Diagnostic Techniques (Prohibition of Sex Selection) Rules, 1996.)) and at least one of the following conditions(( Section 4(3), Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994.)) must also be applicable. To conduct such procedures, it is necessary that:

  • The pregnant woman is older than 35 years;
  • The pregnant woman has had two or more spontaneous abortions or foetal loss;
  • The pregnant woman has been exposed to potentially teratogenic agents such as drugs, radiation, infection or chemicals;
  • The pregnant woman or her spouse has a family history of mental retardation or physical deformities.

If a prenatal diagnostic procedure is conducted after meeting these conditions, the person conducting ultrasonography on the pregnant woman must keep a complete record of it in the clinic as provided under the law.(( Section 4, Pre-conception and Pre-natal Diagnostic Techniques (Prohibition of Sex Selection) Act, 1994)).

Theft of Vehicles

Taking away someone else’s vehicle(s), like a scooty, car, cycle, etc. without their consent is considered as theft(( Section 378, Indian Penal Code, 1860; New India Assurance Co. Ltd v. Appliance Technologies India.)). For example, if Ram has parked his car, and Sham takes it away, it will be considered as theft.

This is punishable with  jail time of up to 3 years and/or a fine(( Section 379, Indian Penal Code, 1860.)). If your vehicle has been stolen, read here to understand the steps/options you can take to complain.