Theme: Violence and Abuse

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.

Stopping the Abuse

Online abuse is any type of abuse that happens on the internet, whether it’s over chat, posting on message boards and forums, through social networks, playing online games or using mobile phones. 

Online abuse happens on various platforms on the internet such as social media, chat, forums, etc. When faced with online abuse, your first step should be to see what the anti-abuse policy of the platform is, and what steps the platform recommends for you to stop it. We have compiled a list of steps you can take for responding to abuse (blocking and reporting) on Facebook, Facebook Messenger, Twitter, Instagram, SnapChat, Reddit, YouTube, WhatsApp, and text messages on your phone.

If the administrators of the platform are not being responsive or you are unhappy with the results, you can also file a criminal complaint at the local police station or cyber investigation cell. It is not necessary for you to get recourse only after approaching the platform administrators. You can directly approach the police station or cyber cell to file a complaint.  When you go to the police station to file a first information report (FIR), the police have to note down the information you provide. Different provisions in law(( The Indian Penal Code, 1860; Information Technology Act, 2000)) make online abuse and online harassment a crime. The victims of such crimes can be male or female.

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.

What is Acid Attack?

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

An acid attack is the crime of hurting a person by throwing acid on them, administering acid(( Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes 2018, National Legal Services Authority, accessed at https://wcd.nic.in/sites/default/files/Final%20VC%20Sheme_0.pdf.)) to that person or doing anything with acid with the intention or knowledge that it would harm the person. An acid attack may result in injuries to a person, in any part of the body, including(( The Scheme for Relief and Rehabilitation of Offences (by Acids) on Women and Children, 2009 National Commission for Women, accessed at http://ncwapps.nic.in/PDFFiles/Scheme_ACID_Attack.pdf.)):

  • Permanent or partial damage or deformity to a person
  • Burns on any body parts
  • Maiming, dis-figuration or any form of disability of a person.

Even though the main definition of acid attack is given in the Indian Penal Code, 1860, the Law Commission of India has also defined an acid attack, as a form of violence against women where the perpetrator splashes a person or object with acid in order to deface or kill them.(( Proposal for the Inclusion of Acid Attacks as Specific Offences in the Indian Penal Code and a Law for Compensation for Victims of Crime, Law Commission of India No 226, 2008, accessed at https://lawcommissionofindia.nic.in/reports/report226.pdf.))

An acid attack can happen anywhere. Incidents of acid attack have frequently taken place at home, on the streets and even at work places.

Reporting Online Abuse

If you are a victim of online abuse or know someone being victimised, you must report it to the authorities. You can report online abuse in any of the following ways:

Approaching the Police Station

When you go to the police station to complain about a case of online abuse that you have faced, they will ask you to file an FIR. You should make sure you give all the information you know about the incident and abuse that you have faced.

Cyber Cell

Cyber Cells are present in every state and some police stations may have a unit designated to work on cyber crimes. These cells or units will look into and help you out in cases of online violence such as online stalking, hacking, etc. In many states, you can file a complaint online through the website of the cyber cell. For instance, for Delhi, you can file an online complaint here.

If you want to file a complaint, you will have to either:

  • File a complaint online with your respective state’s Cyber Cell website or
  • Approach the police station where you will have to file an FIR which will be forwarded to the Cyber Cell.

Complaint Portals

Online Crime Reporting Portal

You can also lodge a complaint by using the Ministry of Home Affairs’ Online Crime Reporting Portal. You may be redirected to a specific State Government’s website to register a complaint.

Register a complaint in the section “Services for Citizen”, and click on “Report a Cyber Crime ”. Here, you can provide information about the offender, the victim, and the incident along with any supporting evidence, such as screenshots. You can report anonymously or with identification, and you can track your complaint as well. 

Cyber Crime Reporting Portal

You can also directly file a complaint on the Cyber Crime Reporting Portal. Complaints can also be made anonymously.  You can complain against various cybercrimes by selecting the option ‘Report Cyber Crime Related to Women/Child’ or ‘Report Other Cyber Crime’. You must login and create an account and select “Report and Track” if you wish to track your complaint.

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.