Theme: Violence and Abuse

Who does the law protect?

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

The law on acid attack protects all persons, regardless of their gender. Further, there are no specifications in the law in terms of the age of the survivor. Therefore, an acid attack, whether carried out on a person of any age is punishable under the law.(( Sections 326A and 326B, Indian Penal Code, 1860.)) The law also protects foreigners who are survivors of acid attack if it happens in India.(( Section 2, Indian Penal Code, 1860.))

Cyber Safety

To be safe and free from abuse on the online platforms that we use in our day-to-day lives, you can follow the following tips based on the kind of user you are and the use of the online platform:

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.

Cruel and Degrading Atrocities against SC/ST

Any of the following crimes committed against members of SC/ST are referred to as atrocities in law.  The punishment for these acts is imprisonment between 6 months and 5 years, along with a fine.

  • Hurting or boycotting an SC/ST member
  • Force-feeding an SC/ST member with any disgusting substance that is not fit for humans to eat, such as cow dung, human excreta etc.
  • Dumping any disgusting substances (such as the bodies of dead animals, or excreta) inside or at the gate of a place where SC/ST members live, or in a neighbourhood of an SC/ST member, but only if it is done to insult or annoy her in some way.
  • Making an SC/ST member wear a garland of chappals, or making them walk around naked or semi-naked.
  • Forcing an SC/ST member to do anything which is insulting to the dignity of a human being, such as making them undress, forcing them to shave his head or his moustache or forcing them to paint his face.
  • Making an SC/ST member do bonded labour. The exception will be if the government makes some kind of public service compulsory – in that case, it will not be a crime.
  • Forcing an SC/ST member to carry or dispose of a human or animal dead body.
  • Forcing an SC/ST member to do manual scavenging, or employing an SC/ST member to do manual scavenging.
  • Insulting and humiliating an SC/ST member on purpose, if it is done in a place visible to the public.
  • Abusing an SC/ST member using her caste name if it is done in a place visible to the public.
  • Damage any object, such as a statue or picture of Dr Ambedkar, which is important to members of SCs/STs.
  • Say or publish anything that encourages hatred of SC/ST communities.
  • Say or write anything that insults any late person who is important to the SC/ST community, such as a leader.
  • Spoiling any water source that is usually used by SC/ST members.
  • Blocking an SC/ST member from a public place where she has a right to go.
  • Blocking an SC/ST member from:
    • Using any common public area or resource such as water bodies, taps, wells, cremation grounds etc.
    • Riding a horse or a vehicle or carrying out a procession.
    • Entering into a religious place or participating in a religious ceremony, that is open to the public.
    • Entering a public place like a school, hospital or cinema hall.
    • Carrying on any business or job.
  • Accusing an SC/ST member of practising witchcraft, and hurting them physically or mentally.
  • Making a threat, or actually excluding them socially or economically.

What are the rights a person has under this law?

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

Survivors of acid attacks have the following rights under the law:

Right to Seek Medical Treatment

A survivor of an acid attack has the right to seek medical treatment in both government and private hospitals. The Supreme Court issued guidelines for acid attack crimes where they said that:

  • No hospital or clinic can refuse to treat acid attack survivors citing the lack of specialized facilities.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [34], [35].))
  • Government and private hospitals have to provide survivors with first-aid and medical treatment free of cost.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [34], [35].))

The court has placed the responsibility for the treatment and rehabilitation of survivors on the state government.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [29].)) Additionally, it has expected states and union territories to take action against hospitals that refuse to treat acid attack survivors.(( Laxmi v. Union of India and Others, (2016) 3 SCC 669, order dated 10/4/2015 [34], [35].))

Right to File a Complaint 

Acid attack survivors also have the right to file a complaint against the perpetrator. The complaint can also be filed by the survivor’s relative, friend or acquaintance, any person who has witnessed the crime, or any person who comes to know of the crime. To see a list of other persons who can file the complaint, see here.

The complaint filed is known as a First Information Report (“FIR”). The FIR is a document that contains the information that a police officer fills out when she gets information on the commission of a cognizable offence. To learn how to file an FIR, you can read our explainer on ‘How to file an FIR’.

An FIR can be filed at any police station, regardless of whether it has jurisdiction over the commission of the crime or not. This information will then be transferred to a police station with the requisite jurisdiction. This concept is generally known as a zero FIR. To understand more about zero FIRs, you can read our explainer on ‘Where can FIR be Filed’.

Right to Compensation

Acid attack survivors have the right to seek compensation from the state government. The Victims Compensation Scheme(( 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.)) that was drafted by the National Legal Services Authority, was approved by the Supreme Court in 2018. It provides for mandatory compensation for survivors of acid attacks as well as sexual crimes including sexual assault, murder, kidnapping etc. Apart from compensation under this scheme, the survivor receives the fine amount that the perpetrator pays for committing the crime which is charged by the Court.(( Section 357B, Code of Criminal Procedure, 1973.))

Various state governments have formed Victim Compensation Schemes for acid attack survivors. Keeping in mind that there is a lack of uniformity in the state schemes, and the amount of compensation specified in most of these schemes is too low, the Supreme Court stated that:

  • The minimum amount of Rupees 3 lakh must be provided by the state government to every survivor.(( Laxmi v. Union of India and Others, (2014) 4 SCC 427 [13], [14].)) This is the minimum amount, and the state government can provide a higher amount, where necessary.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [20], [21].))
  • Any compensation amount must factor in not only the survivor’s physical injuries but also their inability to lead a full life.(( Parivartan Kendra v. Union of India and others, (2016) 3 SCC 571 [20], [21].))
  • The Chief Secretary/ Administrator of the state/UT concerned must ensure that this amount is paid.(( Laxmi v. Union of India and Others, (2014) 4 SCC 427 [14].))

To learn more on information on schemes in different states for survivors of violence, contact details of one-stop centres, protection officers and helpline numbers, check out the Nyaaya Map on Key Information for Survivors of Violence.

Given below are the list of State Victim Compensation Schemes in India:

State Name of the Scheme
Arunachal Pradesh Arunachal Pradesh Victim Compensation Scheme, 2011
Assam Assam Victim Compensation Scheme, 2012
Bihar Bihar Victim Compensation Scheme, 2011
Chattisgarh Chattisgarh Victim Compensation Scheme, 2011
Chandigarh Chandigarh Victim Assistance Scheme, 2012
Dadra and Nagar Haveli Dadra and Nagar Haveli Victim Assistance Scheme, 2012
Daman and Diu Daman and Diu Victim Assistance Scheme, 2012
Delhi Delhi Victim Compensation Scheme, 2015
Goa Goa Victim Compensation Scheme, 2012
Gujarat Gujarat Victim Compensation Scheme, 2013
Haryana Haryana Victim Compensation Scheme, 2013
Himachal Pradesh Himachal Pradesh (Victim of Crime) Compensation Scheme, 2012
Jammu and Kashmir Jammu and Kashmir Victim Compensation Scheme, 2013
Jharkhand Jharkhand Victim Compensation Scheme, 2012
Karnataka Karnataka Victim Compensation Scheme, 2011
Kerala Kerala Victim Compensation Scheme, 2014
Lakshadweep Lakshadweep Victim Assistance Scheme, 2012
Manipur Manipur Victim Compensation Scheme, 2011
Meghalaya Meghalaya Victim Compensation Scheme, 2014
Mizoram Mizoram Victims Compensation Scheme, 2011
Maharashtra Maharashtra Victim Compensation Scheme, 2014
Madhya Pradesh Madhya Pradesh Victim Compensation Scheme, 2015
Nagaland Nagaland Victim Compensation Scheme, 2012
Odisha Odisha Victim Compensation Scheme, 2012
Puducherry Puducherry Victim Assistance Scheme, 2012
Punjab Punjab Victim Compensation Scheme, 2017
Rajasthan Rajasthan Victim Compensation Scheme, 2011
Sikkim Sikkim Compensation to Victims or his Dependents Scheme, 2011
Tamil Nadu Tamil Nadu Victim Compensation Scheme for Women Victims/Survivors of Sexual Assault/other Crimes, 2018
Tripura Tripura Victim Compensation Scheme, 2012
Uttar Pradesh Uttar Pradesh Victim Compensation Scheme, 2014
Uttrakhand Uttarakhand Victim from Crime Assistance Scheme, 2013
West Bengal West Bengal Victim Compensation Scheme, 2012

Blocking Users on Phones

If you are being harassed by someone through calls and texts, you can block them on your phones following these steps:

Android Phones

Block Calls

To block calls on Android, go to call history and click on the contact for a few seconds. Tap on the option “Add to Blacklist” and all the calls from that number will be rejected.

Block Texts

To block SMS’s on Android, go to the SMS list and click on the SMS you want to block for 2-3 seconds and you will see the block option on the top right corner of the screen. You will continue to receive messages from that number but won’t be notified anymore and the conversation will be archived.

Apple iPhones

With iOS, you can block contacts and phone numbers on your device. You can also filter iMessages from unknown senders and report iMessages that look like spam or junk. See here for further details on the same.

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.))

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.