Any act of physical abuse including all variants of it: sexual abuse, homosexual assaults, stripping, forcing obscene and lewd acts, gestures, causing bodily harm or any other danger to health or person can be put in the category of ragging with criminal dimensions
Physical Abuse :
Ragging may include subjecting a student to physical abuse and violence. Some instances are:
- If a person intentionally hurts someone,3 he can be punished with jail time of up to 1 year and/or a fine up to Rs. 1000.4 For example, punching a student or kicking a student.
- If someone intentionally causes someone grievous hurt,5 he can be punished with jail time of up to 7 years and a fine.6 For example, beating up a student which results in fractures or injuries.
If someone intentionally uses any kind of force on someone without that person’s consent which may cause an injury, fear or annoyance,7 he can be punished with jail time of up to 3 months and/or a fine up to Rs. 500.8 It is punishable. For example, pushing a student onto the road to scare him or locking a student in a room for days.
If someone sexually abuses a student while ragging them, it is an offence. For example, if someone touches a woman sexually and forcefully, or harasses her, or stalks her, it is an offence. Read more here.
Ragging may include restricting the movement of a student or locking him up. Some instances are:
- It is an offence if someone voluntarily obstructs a person so he is not able to move in a certain direction.9 For example, not letting a student come to the college canteen by obstructing his way. The punishment for this is jail time of up to 1 month and/or a fine of Rs. 500.10
- It is an offence if someone voluntarily restrains a person so that he is not able to move beyond a certain limit (i.e. locking him up).11 For example, if a student ties up another student to a tree, it can be considered a crime under this law. The punishment for this is jail time of up to 1 year and/or a fine up to Rs. 1000.12
Ragging may include subjecting a student to blackmail and intimidation. Some instances are:
- Scaring someone or threatening to hurt him to make him give something of value.13 For example, Ram threatens Shyam that unless Shyam gives him money, Ram will publish defamatory material about him, and so Shyam gives him money. Thus, Ram has committed this offence. The punishment for this is jail time up to 3 years and/or a fine.14
- Threatening someone, his reputation, his property or anything else the person is interested to make him or not make him do something or alarm that person.15 For example, if Ram threatens Shyam that unless Shyam gives him money, Ram will burn his house, and because of this Shyam gives him money, Ram has committed this offence. The punishment for this is at least jail time of up to 2 years and/or a fine.16 The punishment may be more severe in other cases.
PUNISHABLE INGREDIENTS OF RAGGING
If you are caught ragging, the Anti-Ragging Committee can punish you with1:
- Suspension from attending classes and academic privileges.
- Withholding/withdrawing scholarship/fellowship and other benefits.
- Debarring you from appearing in any test/examination.
- Withholding results.
- Debarring you from representing the college in any regional, national or international meet, tournament, youth festival, etc.
- Suspension/expulsion from the hostel.
- Cancellation of admission.
- Rustication from the college for a period ranging from one to four semesters.
- Expulsion from the college and consequent debarring from admission to any other college for a specified period.
In more serious cases of ragging,2 if an FIR or police complaint is filed, the student may be punished under the Indian Penal Code, 1860 (IPC).
MEASURES FOR PREVENTION OF RAGGING AT INSTITUTIONAL LEVEL
- Counselor– Most of the students aren’t that open with their parents to talk about the ordeals that they are going through. Each college must have a counseling cell with the friendliest teacher on the board. Counselors can help the student to open up and talk about their sufferings.
- CCTV– Lately some of the colleges are installing this move of technology but we believe that each and every college must have CCTV cameras installed in classrooms, washrooms, corridors, and playgrounds and so on. Knowing that we are being watched it is tough to rag a junior.
- Interactions– Interactions and discussions are important especially on topics like ragging. The college can arrange time to time interactive sessions of junior and senior students on different issues. These will them in bonding well in their college years and beyond.
- Punishments– Ragging occurs when the culprit knows the lenient nature of the college, while on the other hand if the punishments are made stringent it would be tough for the culprit itself. After all who would like to get into trouble knowing that the punishment is going to take hell out of them?
- Depicting the reality– Most of the students take ragging as fun little realizing its effect on the victim. Hence, the college can actually arrange a documentary or video making competitions on such topics only to make them realize the kind of pain that the victim could suffer. There might be physical scars that are visible but for an in-depth notion, it is vital to make students sensitive about the issue.
- Anti-Ragging Squad– College teachers can arrange a team that would fight against ragging within the college premises. This team should be consisting of students pertaining to different grades, genders and social economical background.
- Taking parents in the loop– Parents can play a larger role in taking their own ward into confidence. Teachers and parents can actually club themselves together and find the way out of situation. Any disturbed behaviors of the student should be reported to their parents immediately and vice versa.
The complications arises out of ragging cold be beyond someone’s imagination because nobody can truly predict what how and when would the victim react. The outcome of consisting mental and physical torture is going to horrendous and that is why it is better to be safe now than being sorry later.
UNDERTAKING BY STUDENTS
AFFIDAVIT BY THE STUDENT ON ANTI-RAGGING I,………….(full name of student with admission/registration/enrolment number) S/o D/o Mr./Mrs./Ms………………………………………………………..………………………, having been admitted to …………….……..(name of the institution)…………………………., have received a copy of the UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009, (hereinafter called the “Regulations”), carefully read and fully understood the provisions contained in the said Regulations.
2). I have, in particular, perused clause 3 of the Regulations and am aware as to what constitutes ragging.
3). I have also, in particular, perused clause 7 and clause 9.1 of the Regulations and am fully aware of the penal and administrative action that is liable to be taken against me in case.
I am found guilty of or abetting ragging, actively or passively, or being part of a conspiracy to promote ragging.
4). I hereby solemnly aver and undertake that a) I will not indulge in any behaviour or act that may be constituted as ragging under clause 3 of the Regulations. b) I will not participate in or abet or propagate through any act of commission or omission that may be constituted as ragging under clause 3 of the Regulations.
5). I hereby affirm that, if found guilty of ragging, I am liable for punishment according to clause 9.1 of the Regulations, without prejudice to any other criminal action that may be taken against me under any penal law or any law for the time being in force.
6). I hereby declare that I have not been expelled or debarred from admission in any institution in the country on account of being found quality of, abetting or being part of a conspiracy to promote, ragging; and further affirm that, in case the declaration is found to be untrue, I am aware that my admission is liable to be cancelled.
Declared this ……………day of ……………month of……………..year. Signature of deponent Name: VERIFICATION Verified that the contents of this affidavit are true to the best of my knowledge and no part of the affidavit is false and nothing has been concealed of misstated therein. Verified at…………(place)……on this the …….(day)…….of……(month)……….(year)………
Signature of deponent