Theme: Ragging

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.

What is Ragging?

Ragging is(( Section 2, the Curbing the menace of Ragging in Higher Educational Institutions (third amendment), Regulations, 2016.)) any physical, verbal or mental abuse committed by one student against another student belonging to an educational institute. The seniority of the student who rags or is ragged does not matter.

Ragging is a crime and it can happen for any reason. Ragging has been known to happen on the basis of appearance or colour of the skin, race, religion, caste, ethnicity, gender, sexual orientation, appearance, nationality, regional origins, spoken language, place of birth, place of residence or economic background. It can take many different forms. For example, bullying a student into doing assignments or excluding a student from campus activities. The law punishes different forms of ragging against students including psychological harm, physical abuse, etc. Read more here.

Acts considered as Ragging

Many actions taken by students are considered to be ragging under the law. Some of the acts considered as ragging are:(( Section 3, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

Psychological Harm 

Causing psychological harm to a student is considered to be ragging under the law. This may include:

  • Any written, verbal or behavioural actions by a student including teasing a student, speaking rudely, etc. For example, calling a student derogatory names.
  • Rowdy or undisciplined behaviour which may annoy the student, cause hardship or psychological harm to any student. For example, stealing and throwing away the notebooks that belong to a student or threatening a student constantly.
  • Asking a student to do an act which he would not ordinarily do. Such incidents may cause a sense of shame, torment or embarrassment to the student thereby affecting his psychological wellbeing. For example, making a student dance in front of the class.
  • Any act that affects the mental health and self-confidence of any student. For example, making a student dance in front of the class and ridiculing him for it.
  • An act or abuse, whether written, verbal or online (emails, posts, etc.), which would result in making a student uncomfortable. For example, spreading rumours on online platforms about a student or ragging for the sake of deriving pleasure out of it.

Disturbing Academic Activity 

Ragging can take the form of disturbing a student’s academics. If any student prevents, disrupts or disturbs the regular academic activity of  another student, it is ragging. For example, a senior student harassing a junior student into not attending classes.

Using or Exploiting a Student

Ragging can take the form of exploitation of another student. This includes:

  • Exploiting the services of any student for completing the academic tasks assigned to an individual/group. For example, making a student do some other student’s homework assignments.
  • Financial extortion or forceful expenditure put on any student.  For example, making a student pay for another student’s expenses.

Physical Abuse 

Ragging can take the form of physical abuse and violence. Ragging includes:

  • Rowdy behaviour or indiscipline which is likely to cause physical harm  to any student, or any act which makes one fearful/apprehensive of physical harm. For example, threatening to beat up a student.
  • Asking a student to do an act which he would not ordinarily do, and which causes him a sense of shame, torment or embarrassment so as to adversely affect his physical well-being. For example, beating up a student because he did not comply with the orders of a senior to perform a task.
  • Sexual abuse, including assaults, stripping, forcing obscene and lewd acts or gestures, etc. For example, asking a female student to strip.
  • Any act which causes bodily harm or any other danger to a student. For example, mixing laxatives in a student’s food.

Discriminating against Another Student

Ragging can take the form of discrimination and prejudice against another student. Any abuse based on the colour of your skin, race, religion, caste, ethnicity, gender, sexual orientation, appearance, nationality, regional origins, linguistic identity, place of birth, place of residence or economic background, is considered as ragging. For example, if a student is constantly teased and called names based on her regional origins, or is ridiculed because she belongs to a lower socioeconomic status than other students, it can be considered as ragging.

The intent behind ragging does not matter. For example, to derive pleasure, for fun, to show off authority or superiority – the very act of ragging is a crime under Indian law.

If you are being ragged, you can complain to college authorities or the police.

Anti-Ragging Authorities

To prevent ragging, every college and university must constitute the following authorities:(( Section 6.3, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

Anti-Ragging Committee 

It is compulsory for every college to constitute an Anti-Ragging Committee, which is composed of the following members:(( Section 6.3 (a), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • Head of the college
  • Representatives of the police
  • Local media
  • NGOs working for the youth
  • Parent representatives
  • Faculty representatives
  • Student representatives (both freshers and seniors)
  • Non-teaching staff

However, the duties of the Anti Ragging Committee are to:(( Section 6.3 (b), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • Ensure that the college is complying with the law on ragging in India
  • Monitor the activities of the Anti-Ragging Squad
  • Receive recommendations from the Anti-Ragging Squad and take final action in incidents of ragging

Anti-Ragging Squad 

It is compulsory for every college to constitute an Anti Ragging Squad, which is(( Section 6.3 (c), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) nominated by the head of the college, such as the Principal or the Dean. The squad has representatives from different members of the campus community, like teachers, student volunteers, etc. However, outside representatives like the police or media are not a part of this authority.

The duties of the Anti Ragging Squad are to:(( Section 6.3 (d)(e), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • Conduct on-the-spot inquiry into any ragging incident. Anyone including the Head of the college, parents or guardians, members of the faculty, students, etc. can approach the Anti Ragging Squad to inform them about an incident or file a complaint.
  • Submit the inquiry report of a ragging incident and the recommendations to the Anti-Ragging Committee, who will then take action. For instance, the actions may include administrative punishments, like suspension or a complaint with the police.
  • Make surprise visits and inspections of any place where ragging is likely to take place, such as hostels.

Mentoring Cell

It is compulsory for every college to(( Section 6.3 (f), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) constitute a Mentoring Cell at the end of every academic year. It is composed of students who have volunteered to be mentors for the new students joining the college or institution.

The duties of the Mentoring Cell are to provide support and mentor-ship to the freshers or new students. However, please note that as per law, one mentor can have six freshers, and each mentor of a more senior level will have six mentors under his guidance. For example, if Ram is a 2nd-year student who has six freshers to be mentored and Shyam is a 3rd-year student, Shyam will mentor Ram and five other such mentors.

Monitoring Cell on Ragging

It is compulsory for every University to constitute a Monitoring Cell on Ragging. Additionally, the duties of the Monitoring Cell on Ragging are to:(( Section 6.3 (g)(h), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

  • Coordinate the activities of all the colleges affiliated with the University to prevent ragging. For example, a monitoring cell of Delhi University will coordinate activities of all the colleges associated with it.
  • Get reports from the Heads of colleges on activities of the Mentoring Cell, Anti-Ragging Squad and Anti-Ragging Committee.
  • Review the efforts of the colleges to publicize anti-ragging measures.
  • Get affidavits signed from parents and students to abstain from ragging and to get punished, in case they engage in ragging.
  • Initiate action for amending any by-laws or ordinances of the University to ensure implementation of anti-ragging measures.

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.

Complaining Against Ragging

For ragging, you can complain to the college authorities, the national helpline or the police. Please note that another person can also complain on your behalf.(( Section 6.2 (g), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) You can complain to the following authorities:

National Anti-Ragging Helpline

The University Grants Commission has set up(( https://www.ugc.ac.in/page/helpline.aspx)) 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”.

Anti-Ragging Squad 

You can lodge a complaint with your college’s Anti-Ragging Squad. The Squad will investigate(( Section 9.1 (a), the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.)) the complaint, determine the nature of the case and its severity, and give its recommendations to the Anti-Ragging Committee. The Committee will then punish the students responsible for ragging.(( Section 9.1, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

Please note that you can also approach any member of the faculty or the Head of the college to complain about ragging as well.(( Section 9.3, the UGC Regulations On Curbing The Menace Of Ragging In Higher Educational Institutions, 2009.))

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.