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.