What can I do when there is no Anti-Ragging Squad or other authorities, or if these authorities are not helping?

 

If there is no Anti-Ragging Squad or other authorities, or if such authorities are not helping you, you can take the following actions to stop ragging:

National Anti-Ragging Helpline

The University Grants Commission has set up a helpline number and email address that you can reach out to, in case you are being ragged. The helpline number is 1800 – 180 – 5522, and the email address is helpline@antiragging.in

Online Complaint 

The University Grants Commission has set up a web portal where you can lodge an online complaint. To lodge a complaint, go here, where you will be asked to give certain details, like your name, the college, the details of the incident, etc. Try to give as much detail as you can.  You can also track your complaint here by clicking on “Track Complaint”.

Police 

In case of a serious case of ragging, you can complain to the police, and file an FIR against the student(s) responsible for ragging you. In such a case, the police will investigate the matter, and take required steps to punish the students responsible for ragging.

Can I complain against ragging on my friend’s behalf?

Yes, you can complain on your friend’s behalf if your friend is being ragged. Sometimes, the person who is being ragged cannot complain out of fear or other reasons, and in such a case, another person may complain on his/her  behalf. The law allows anyone to file a ragging complaint on behalf of a student and the person doing so will not get in trouble for merely reporting an incident of ragging(( Section 6.2(g), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

Is ragging for fun a crime?

Yes, ragging for any reason is a crime. In 2001, the Supreme Court of India in the case of Vishwa Jagriti Mission vs. The Central Govt held that ragging is a crime in India. The intent behind ragging does not matter; even if it is done for fun, or to derive pleasure, to show off authority or superiority – the very act of ragging is a crime under Indian law.

Can women be punished for ragging?

Yes, women can be punished for indulging in ragging. For example, if a female senior  rags a junior, she can be punished for ragging. Any one who rags, regardless of gender, can be punished for ragging.

Can a fresher get in trouble for ragging?

Yes, a fresher student can get in trouble for ragging. For example, if a fresher threatens to beat another student up unless the student sings a song in front of the class, it is ragging.  

A fresher can be punished just as severely as senior students. The college may choose to punish you through administrative means, such as suspension or expulsion. However, if a case can be made out against you under the Indian Penal Code, 1860, a police complaint will be filed against you, and you will be punished more severely.

What is the role of the Head of the institution with respect to a complaint of ragging?

When any information about an incident of ragging is brought to the notice of the Head of a college/university, whether by the Anti-Ragging Squad or otherwise, he must take the following steps(( Section 7, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)):

  • Immediately determine if a case can be made under the Indian Penal Code, 1860
  • If a case can be made, then he, or a member of the Anti-Ragging Committee authorized by him, must file an FIR within 24 hours of receiving such information. 
  • The Head must also communicate the incident to the District Level Anti-Ragging Committee and the Nodal Officer of the affiliating University, if any. 

If your case is not resolved by the Head of the institution, you can appeal against any decision taken by him or any other college authority.

If I rag someone without causing any physical injury, is that also ragging?

Yes, even if you rag someone without causing any physical injury, that is also considered ragging. Even actions which cause psychological harm would be considered to be ragging(( Section 2, the Curbing the menace of Ragging in Higher Educational Institutions (third amendment), Regulations, 2016.)). For example,  if you harass a student by calling him names or making derogatory remarks, it is considered as ragging, even if no physical violence was involved.

What can I do if I am being blackmailed against filing a complaint for ragging?

If you are being blackmailed against filing a complaint  for ragging, you can ask a friend or parent to file a complaint on your behalf. The law allows anyone to file a ragging complaint on behalf of a student and the person doing so will not  get in trouble for merely reporting an incident of ragging(( Section 6.2(g), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) Both ragging and blackmailing are crimes in India, and the person harassing you in this manner is liable for punishment for both ragging and blackmailing. For blackmailing, the punishment depends on the act, such as: – If someone intentionally makes you scared of getting hurt to get you to give any object of value, it is an offence(( Section 383, the Indian Penal Code, 1860.)) which is punishable with jail time up to 3 years and/or a fine(( Section 384, the Indian Penal Code, 1860.)). 

If someone threatens to hurt you, your reputation or property, or that of any other person you are interested in (such as, a family member or friend), to get you to do something or make you feel alarmed, it is an offence(( Section 503, the Indian Penal Code, 1860.)) punishable with at least jail time of up to 2 years and/or a fine(( Section 506, the Indian Penal Code, 1860.)). The punishment may be more severe in other cases.

If a college does not take measures to prevent ragging, what measures can be taken against it?

If a college does not prevent ragging, certain measures can be taken against it. This can be done either by the University with which the college is affiliated or the University Grants Commission (UGC). 

Measures by the University

If a college which is affiliated with a University does not take measures to prevent ragging, the University can take the following actions(( Section 9.2, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)):

  • Withdraw the affiliation or other privileges
  • Prohibit the students of that college from being awarded a degree recognized by that University. However, the University Grants Commission will make arrangements to ensure that other students are able to pursue their studies. 
  • Withhold any grants allocated/given by the University to the college
  • Any other appropriate penalty within the powers of the University 

Measures by the University Grant Commission

The UGC (University Grant Commission) can take the following steps against any college/university which is not adopting measures to prevent ragging(( Section 9.4, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)):

  • Withdraw the declaration of fitness required to receive grants
  • Withdraw any allocated grants
  • Declare the college/university ineligible for any general or special assistance programs 
  • Inform the general public (for example, through the newspaper) that the college/university does not possess minimum academic standards
  • Take any other appropriate penalty within the powers of the University Grants Commission

Can a child, who is less that 18 years of age, be punished for ragging?

Yes, a minor can also be punished for ragging. For example, if a 17 year old threatens to beat someone up unless  he/she sings a song in front of the class, it is ragging. 

If you rag anyone as a minor, you may be subjected to administrative punishment as mentioned here, such as expulsion from the college. 

In case of a serious incident, you may be punished with a more severe penalty, under the Juvenile Justice (Care and Protection of Children) Act, 2015, which is the law(( The Juvenile Justice (Care and Protection of Children) Act, 2015.)) that regulates the punishment of minors in case of an offence.  Generally, under this law, the Juvenile Justice Board determines how a minor found guilty of an offence will be punished and rehabilitated.

I was ragged, and I reported it to a teacher, but he did not take any further action. Can the teacher be punished?

If you were ragged and reported the incident to a teacher, or any member of the staff, but the teacher did not take any further action, he or she can be(( Section 9.3, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) subjected to disciplinary action that is prescribed by your college. You must inform them about the ragging incident and the lack of action by the teacher to the Anti-Ragging Squad or the Head of the college, like the Director. If the Head of the college is the one who has not taken any action when an incident of bullying has been reported to them, they can also be subjected to disciplinary action, as well as punishment under the Indian Penal Code, 1860.

Someone is threatening to kill me if I don’t pay them money.What do I do?

If someone is threatening to kill you in exchange for money, this is an act of extortion(( Section 383, Indian Penal Code, 1860.)) under the law. Extortion is when someone intentionally threatens you with any injury or makes you fear them to get any:

  • Valuable security, like money, jewellery etc.
  • Anything that can be converted into a valuable security by signing or sealing it, like a promissory note or a bond.

A person committing the crime of extortion may be punished(( Section 384, Indian Penal Code, 1860.)) with jail time up to 3 years or a fine or both. You should file a complaint immediately to stop this person from extorting any money from you.

Do I have the right to defend myself against thieves?

You have a right to defend yourself(( Section 96, Indian Penal Code, 1860.)) , any other person(( Section 97, Indian Penal Code, 1860.)), and your property, or that of any other person(( Section 97, Indian Penal Code, 1860.)). if you face violence. However, the following conditions need to be satisfied, or you may be punished:

  • There is a reasonable belief that you will be injured(( Arjun v. State of Maharashtra))
  • The defence you use should be in ratio with the injury being inflicted on you(( Section 99, Indian Penal Code, 1860.)). For example, if someone is going to punch you, you cannot shoot him. 

 

Your right to defence of body can include causing death in the following cases(( Section 100, Indian Penal Code, 1860.)):

  • You reasonably believe that death may occur
  • You reasonably believe that grievous hurt may occur
  • The assault is occuring with an intention to rape or satisfy unnatural lust
  • The assault is occurring with an intention of kidnapping
  • The assault is occurring with an intention confine a person in a way that he will not be able to reach out to public authorities
  • The assault is occurring with an intention throw acid which may cause grievous hurt 

 

Your right to defence of property includes causing death in the following cases(( Section 103, Indian Penal Code, 1860.)):

  • Robbery
  • House-breaking during night
  • Mischief in relation to burning a building, tent, etc. which is used for the purposes of living by humans or used to store property in
  • Theft, mischief or trespass which may make you believe that death/grievous hurt may result

What is the difference between theft, robbery and dacoity?

Theft, robbery and dacoity are three types of crimes under the law on crimes known as the Indian Penal Code, 1860(( Sections 378, 390 and 391, Indian Penal Code, 1860.)).

Theft is when someone steals a movable property out of your possession with the intention of stealing it from you. For example, if Shikar steals five hundred rupees from your wallet when you were not in the room, then it is an act of theft.

Robbery is an aggravated form of theft, so if someone attempts or causes any hurt, wrongful restraint or death in order to commit an act of theft, it is known as robbery. For example, if Shikar comes to your house, beats you up and then steals five hundred rupees from your wallet, it is an act of robbery.

Dacoity is a crime when 5 or more people commit or attempt to or aid someone to commit an act of robbery together. For example, if Shikhar and his 4 friends come to your house and beat you up to steal your money and jewellery, then it is an act of dacoity. 

The punishment for these crimes are also different. If you commit theft(( Section 379, Indian Penal Code, 1860.)) you may be punished with jail time up to 3 years or a fine or both. If you commit robbery(( Section 392, Indian Penal Code, 1860.)) you may be punished with jail time up to 10 years or a fine or both. If the robbery(( Section 392, Indian Penal Code, 1860.)) is committed on the highway between sunrise and sunset then the jail time may be up to 14 years. If you commit dacoity(( Section 395, Indian Penal Code, 1860.)) then you may be punished with jail time which may be for life and a fine.

I was traveling in my car when a gang of people came and attacked my car. They stole all my jewellery and money. What should I do?

You should immediately complain to the police as this is a crime of dacoity(( Section 391, Indian Penal Code, 1860.)). Dacoity is a crime when 5 or more people commit or attempt to or aid someone to commit an act of robbery together. Stopping your car on the road and stealing your personal items like jewellery, money etc. is a crime of dacoity(( Section 395, Indian Penal Code, 1860.)). The persons committing this crime of dacoity may be punished with jail time which may be for life and a fine.

My own Chartered Accountant has been stealing from my account. What should I do?

You should immediately complain to the police as this is a crime known as ‘criminal breach of trust’. If someone that you trust with your property, which may include your money, bank accounts etc. dishonestly(( Section 405, Indian Penal Code, 1860.)):

  • Misappropriates it or uses it as his own property, like your chartered accountant accessing money through your account without letting you know.
  • Disposes or uses that property knowing that he or she is breaking the law or a contract, like your chartered accountant transferring money away from your account and forging your account books to make it seem like it was your expenditure.

Makes any other person use or dispose of this property knowing that is it illegal, like your chartered accountant asking his employees to steal money from their clients etc. is committing an illegal act. A person committing this crime may be punished with jail time up to 3 years or a fine or both.(( Section 405, Indian Penal Code, 1860.))

Nominee Vs Legal Heirs in absence of Will

No, a nominee is not necessarily the beneficiary of a deceased/dead person’s accounts. The nominee is the person who has the right to operate the account after the person’s death. The nominee is like a trustee who will look after a person’s financial accounts after the person’s death. The nominee may not be the heir of the assets, but has the responsibility to hold the assets and transfer them to the deceased person’s legal heirs. In case the deceased person has not made a will, the legal beneficiaries will be decided as per succession laws.(( Saving instruments: Nominees v. Beneficiaries, Bank Bazaar, accessed at https://blog.bankbazaar.com/saving-instruments-nominees-vs-beneficiaries/))