Anti-Ragging Guidelines 2019

Ragging

Any conduct whether by words spoken or written or by an act which has the effect of harassing, teasing, treating or handling with rudeness any other student, indulging in rowdy or undisciplined activities which causes or is likely to cause annoyance, hardship or psychological harm or to raise fear or apprehension thereof in a fresher or a junior student or asking the students to do any act or perform something which such student will not in the ordinary course and which has the effect of causing or generating a sense of shame or embarrassment so as to adversely affect the physique or psyche of a fresher or a junior student: Hon’ble Supreme Court.

Including: Any act of physical or mental abuse (including bullying and exclusion) targeted at other students (fresher or otherwise) on the ground of colour, race, religion, caste, ethnicity, gender (including transgender), sexual orientation, appearance, nationality, regional origins, linguistic identity, place of birth, place of residence or economic background: 3rd amendment, UGC regulation.

Observations of the Raghavan Committee

Ragging has several aspects with, among others, psychological, social, political, economic, cultural, and academic dimensions.

Any act that prevents, disrupts or disturbs regular academic activity of a student should be considered within the academics related aspect of ragging; similarly, exploiting the services of a junior student for completing the academic tasks assigned to an individual or a group of seniors is also an aspect of academics related ragging prevalent in many institutions, particularly in the professional institutions of medicine.

Any act of financial extortion or forceful expenditure burden put on a junior student by senior students should be considered an aspect of ragging for economic dimensions of ragging.

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.

Any act or abuse by spoken words, emails, snail-mails, public insults should be considered within the psychological aspects of ragging. This aspect would also include deriving perverted pleasure, vicarious or sadistic thrill from actively or passively participating in the discomfiture to others; absence of preparing ‘freshers’ in the run up to their admission to higher education and life in hostels also can be ascribed as psychological aspect of ragging. Any act that affects mental health and self-confidence of students also can be described in terms of the psychological aspect of ragging.

The human rights perspective of ragging involves the injury caused to the „fundamental right to human dignity‟ through humiliation heaped on junior students by seniors; often resulting in the extreme step of suicide by the victims.

Some Recommendations of Raghavan Committee

1. The complainant can report orally or in writing either to the head of the institution or to the specific body constituted to deal with such cases. In cases where such act of ragging is witnessed by teacher, non-teaching staff or the administrative staff, the evidence needs to be treated as final.
2. There is a need for collective responsibility at the institutional level. The faculty members, non-teaching and administrative staff and the specific body constituted to look into the ragging cases must coordinate with the sense of moral propriety and share the responsibility of their decisions.
3. The institutional authority must be an active party to move in favor of complainant to lodge an FIR. The complainant must have the freedom to send copies of his/her complaint to all concerned agencies viz NGO, district magistrate, media, pressure groups and so on.
4. Ragging should be made a cognizable, non-bailable, non-compoundable offence with punishment ranging from one year imprisonment and fine up to 7 years rigorous imprisonment and fine.

Broadly ragging can be categorized in following way for which various term of punishment should be prescribed:

• Verbal: Where senior causes mental harassment, discomfort for the junior by forcing him/her to answer unacceptable/personal questions, dance, sing etc is said to rag the junior. It also includes within its ambit cyber ragging.

        Punishment: 1 year imprisonment or fine or both.

•  Severe Verbal Ragging: Where the mental harassment, discomfort is to such an act as forces the junior to withdraw from the college.

       Punishment: 7 year imprisonment with fine.

• Physical: Any act by the senior towards the junior which inflicts bodily injury on the junior like beating the junior, hitting him/her with objects etc.

       Punishment: 7 year imprisonment with fine

• Sexual Ragging: Where the senior asks the junior to do an act which damages sexual dignity of the junior.

        Punishment: 7 year rigorous imprisonment and fine.

• Abetment to ragging
• Criminal conspiracy to rag
• Unlawful assembly and rioting while ragging
• Public nuisance created during ragging
• Violation of decency and morals through ragging
• Injury to body, causing hurt or grievous hurt
• Wrongful restraint
• Wrongful confinement
• Use of criminal force
• Assault as well as sexual offences or even unnatural offences
• Extortion
• Criminal trespass
• Offences against property
• Criminal intimidation
• Attempts to commit any or all of the above mentioned offences against the victim(s)
• Physical or psychological humiliation
• All other offences following from the definition of “Ragging”
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    Anti-ragging policy of the Institute

As per direction of the Hon'ble Supreme Court of India, the Government has banned ragging completely in any form inside and outside of the campus and the institute authorities are determined not to allow any form of the ragging. Therefore, at the time of admission, every student shall be required to sign a declaration that on admission he/she submits himself/herself to the disciplinary jurisdiction of the Dean and several authorities of the institute who may be vested with the authority to exercise discipline under the Acts, the Statutes, the Rules and the rules that have been framed there under by competent authorities of institute.

Prohibition of and Punishment for Ragging:

• Ragging in all its forms is totally banned in the entire institute complex including its departments, constituent units, all its premises (academic, residential, sports, canteen, etc.) whether located within the campus or outside and in all means of transportation of students whether public or private. The institute shall take strict action against those found guilty of ragging and/or of abetting ragging.
• Freshers should desist from doing anything against their will even if ordered by the seniors, and that they have nothing to fear as the institution cares for them and shall not tolerate any atrocities against them.
• Any individual or collective act or practice or ragging constitute gross indiscipline and shall be dealt with under the rules.
• Freshers who do not report the incidents of ragging, either as victims or as witnesses, shall be punished suitably.

• Definition of ragging, as defined by Hon‟ble Supreme Court is applied for the purposes of this rules and includes individual or collective acts or practice which:
  1. Involve physical assault or threat or use of physical force
  2. Violate the status, dignity and honor of women students
  3. Violate the status; dignity and honor of students belonging to the Scheduled Castes,

Scheduled Tribes and Other Backward Castes

• 4. Expose students to ridicule and contempt and affect their self-esteem
  5. Entail verbal abuse and aggression, indecent gesture and obscene behavior
  6. Any other act under the definition of ragging

• The Dean and other authorities, as appointed by the Dean, of the institute shall take immediate action on any information of the occurrence of ragging.
• Authority may also suo moto enquire into any incident of ragging and make a report to the Dean, of the identity of those who have engaged and the nature of the incident.
• Authority may also submit an initial report establishing the identity of the perpetrators of ragging and the nature of the ragging incident.
• On the receipt of a report or a determination by the relevant authority disclosing the occurrence or ragging incidents, the Dean shall punish the perpetrator as per MCI/Supreme Court/GOI recommendations.
• For the purpose of these rules, abetment to ragging will also amount to ragging.
• All matters of discipline within teaching institutions will be resolved within the campus except those impinging on law and order or breach of peace or public tranquility, all of which should be dealt with under the penal laws of the land.
• In case of any discrepancy between these rules and Government of India Policy, the GOI policy will prevail.

Anti-ragging measures of the Institute

Anti-ragging committee and anti-ragging squads are in place constituted by the Dean. The Squad shall have vigil, oversight and patrolling functions. It shall be kept mobile, alert and active at all times and shall be empowered to inspect places of potential ragging and make surprise raids on hostels and other hot spots. The Squad shall investigate incidents of ragging and make recommendations to the Anti-Ragging Committee and shall work under the overall guidance of the Anti-Ragging Committee.

Posters and banners alongwith contacts of all committee and squad members are displayed at each and every prominent and possible place. Senior students are sensitized through PowerPoint presentations of various anti-ragging guidelines and punishments. Likewise freshers are informed about anti-ragging measures through PowerPoint presentation.

A series of meetings is held among Anti-ragging committee and anti-ragging squad members to discuss the issues and complaints placed before it.

Administrative Action in the event of Ragging

The institution shall punish a student found guilty of ragging after allowing the procedure and in the manner prescribed therein:

1. 1. 1. The Anti-Ragging Committee of the institution shall take an appropriate decision, in regard to punishment or otherwise, depending on the facts, nature and gravity of the incident of ragging established on the recommendations of the Anti-Ragging Squad.
      2. Accordingly, the Anti-Ragging Committee may award to those found guilty, one or more of the following punishments:

• Suspension from attending classes and academic privileges.
• Withholding/withdrawing scholarship/ fellowship and other benefits
• Debarring from appearing in any test/ examination or other evaluation Process.
• Withholding results
• Debarring from representing the institution in any regional, national or international meet, tournament, youth festival, etc.
• Suspension/ expulsion from the hostel
• Cancellation of admission.
• Rustication from the institution for period ranging from 1 to 4 semesters
• Expulsion from the institution and consequent debarring from admission to any other institution for a specific period.
• Fine of Rs. 25,000/- to Rs. 1 lakh.
• Collective punishment: When the persons committing or abetting the crime of ragging are not identified, the institution shall resort to collective punishment.

MCI Anti-ragging Guidelines

• The Medical College/Institution / University shall strictly observe the provisions of the Act of the Central Government and the State Governments, if any, or if enacted and / or for the time being in force, considering ragging as a cognizable offence under the law at par with rape and other atrocities against women and ill-treatment of persons belonging to the SC/ST and prohibiting ragging in all its forms in all institutions.
• Ragging in all its forms shall be totally banned in the entire Medical College/Institution / University including its departments, constituent units, all its premises (academic, residential, sports, canteen, etc) whether located within the campus or outside and in all means of transportation of students whether public or private.
• The Medical College/Institution / University shall take strict action against those found guilty of ragging and/or of abetting ragging.
• The application form for admission/ enrolment shall have a printed undertaking, preferably both in English/Hindi and in one of the regional languages known to the institution and the applicant (English version given in Annexure I, Part I), to be filled up and signed by the candidate to the effect that he/she is aware of the law regarding prohibition of ragging as well as the punishments, and to the effect that he/she has not been expelled and/or debarred from admission by any institution and that he/she, if found guilty of the offence of ragging and/or abetting ragging, is liable to be punished appropriately.
• The application form shall also contain a printed undertaking, preferably both in English/Hindi and in one of the regional languages known to the institution and the parent/ guardian (English version given in Annexure I, Part II), to be signed by the parent/ guardian of the applicant to the effect that he/ she is also aware of the law in this regard and agrees to abide by the punishment meted out to his/ her ward in case the latter is found guilty of ragging and/or abetting ragging. A database shall be created out of affidavits affirmed by each student and his/her parents/guardians stored electronically, and shall contain the details of each student. The database shall also function as a record of ragging complaints received.
• The application for admission shall be accompanied by a document in the form of the School Leaving Certificate/transfer certificate/migration certificate/ Character Certificate which shall include a report on the behavioral pattern of the applicant, so that the institution can thereafter keep intense watch upon a student who has a negative entry in this regard.
• A student seeking admission to the hostel shall have to submit additional undertaking in the form of Annexure I (both Parts) along with his/ her application for hostel accommodation.
• Every fresher admitted to the Medical College/Institution/University shall be given a printed leaflet detailing when and to whom he/she has to turn to for help and guidance for various purposes (including Wardens, Head of the institution, members of the anti-ragging committees, relevant district and police authorities), addresses and telephone numbers of such persons/authorities, etc., so that the fresher need not look up to the seniors for help in such matters and get indebted to them and start doing things, right or wrong, at their behest. Such a step will reduce the freshers’ dependence on their seniors.

• The leaflet mentioned above shall also inform the ‘freshers’ about their rights as bonafide students of the institution and clearly instructing them that they should desist from doing anything against their will even if ordered by the seniors, and that they have nothing to fear as the institution cares for them and shall not tolerate any atrocities against them.
• The Medical College/Institution/University shall also organize joint sensitization programs of ‘freshers’ and seniors.
• ‘Freshers’ shall be encouraged to report incidents of ragging, either as victims, or even as witnesses.
• Every institution shall have an Anti-Ragging Committee and an Anti -Ragging Squad.
• The Medical College/Institution /University shall arrange for regular and periodic psychological counseling and orientation for students (for freshers separately, as well as jointly with seniors) by professional counselors during the first three months of the new academic year. This shall be done at the institution and department/ course levels. Parents and teachers shall also be involved in such sessions.
• Freshers shall be lodged in a separate hostel block, wherever possible, and where such facilities are not available, the college/institution shall ensure that seniors' access to freshers' accommodation is strictly monitored by wardens, security guards and college staff. As ragging takes place mostly in the hostels after the classes are over in the college, a round the clock vigil against ragging in the hostel premises shall be provided. It is seen, that college canteens and hostel messes are also places where ragging often takes place. The employers/employees of the canteens/mess shall be given necessary instructions to keep strict vigil and to report the incidents of ragging to the college authorities if any.
• Freshers who do not report the incidents of ragging either as victims or as witnesses shall also be punished suitably.
• Anonymous random surveys shall be conducted across the 1st year batch of students (freshers) every fortnight during the first three months of the academic year to verify and cross-check whether the campus is indeed free of ragging or not. The institution may design its own methodology of conducting such surveys.
• The burden of proof shall lie on the perpetrator of ragging and not on the victim.
• The institution shall file an FIR with the police / local authorities whenever a case of ragging is reported, but continue with its own enquiry and other measures without waiting for action on the part of the police/ local authorities. Remedial action shall be initiated and completed within the one week of the incident itself.
• The Migration/Transfer Certificate issued to the student by the Medical College/Institution/University shall have an entry, apart from those relating to general conduct and behavior, whether the student has been punished for the offence of committing or abetting ragging, or not, as also whether the student has displayed persistent violent or aggressive behavior or any inclination to harm others.

• The Medical College/Institution /University shall set up appropriate committees including the course-in- charge, student advisor, Warden and some senior students to actively monitor, promote and regulate healthy interaction between the freshers and senior students.
• Freshers‟ welcome parties shall be organized in each department by the senior students and the faculty together soon after admissions, preferably within the first two weeks of the beginning of the academic session, for proper introduction to one another and where the talents of the freshers are brought out properly in the presence of the faculty, thus helping them to shed their inferiority complex, if any, and remove their inhibitions.

Summary of the judgment of the Hon. Supreme Court delivered on the 8th may 2009.

1. The Hon. Supreme Court ordered that a number of recommendations made by the Raghavan Committee be implemented immediately. These included

§ Confidence building measures such as appointment of counselors, arrival of senior students a week or two weeks after the Juniors have arrived; joint sensitization programs; joint orientation program of 'freshers' and „seniors‟ to be addressed by the principal/Head of the institution; organization on large scale of cultural, sports and other activities; make provisions for faculty members to dine with the hostel residents in their respective hostels etc.

§ Each institution must have an Anti-Ragging Committee and an Anti - Ragging Squad. There should be a Monitoring Cell on Ragging at the University Level that would coordinate with the affiliated colleges and institutions under its domain. There should be a Monitoring Cell at the level of the Chancellor of the State Universities.

§ In the, light of the increasing number of private commercially managed, lodges or hostels outside campuses, such hostels and management must be registered with the local police authorities and permission to start such hostels or register them must necessarily be recommended by the Heads of educational institutions. It should be mandatory for both local police, local administration as well the institutional authorities to ensure vigil on incidents that may come within the definition of ragging.

§ Wardens must be accessible at all hours and therefore it is important that they, be available on telephone and other modes of communication. Similarly, the telephone numbers of the other important functionaries - Heads of institutions, faculty members, members of the anti- ragging committees, district and sub-divisional authorities and state authorities where relevant, should also be widely disseminated for the needy to get in touch or seek help in emergencies.

§ Brochures or booklet/leaflet distributed to each student at the beginning of each academic session for obtaining undertaking not to indulge or abet ragging, shall contain the blueprint of prevention and methods of redress."

§ The educational institutions shall ensure that each hostel should have a full-time warden who resides within the hostel, or at the very least, in the close vicinity thereof.

2. The Hon. Supreme Court acknowledged that The Ministry of Human Resource Development, Government of India, in consultation with UGC, MCI, AICTE and other similar regulatory bodies was in the process of setting up a central crisis-hotline and anti-ragging database in the manner suggested by Dr. Raj Kachroo. The Hon. Court , however, added that:

§ The task of monitoring the database to be given to a nongovernmental agency, to be immediately nominated by the Union of India to build confidence in the public and also to provide information of non-compliance to the regulatory bodies and to the Raghavan Committee.

§ The database shall be created out of affidavits affirmed by each student and his/her parents/guardians, which affidavits shall be stored electronically, and shall contain the details of each student.

§ The database shall also function as a record of ragging complaints received, and the status of the action taken thereon.

3. The Hon. Supreme Court ordered that Regulations on Curbing the Menace of Ragging, formulated by the UGC, must be adopted by all other regulatory bodies, such as AICTE, MCI, DCI, NCI etc.;
4. The Hon. Supreme Court acknowledged that the incident involving the death of Aman Kachroo clearly indicated that the formulation of guidelines and regulations was not sufficient. Hence, the Hon. Court ordered that such regulations shall have to be enforced strictly and penal consequences for the heads of the institutions/administration of the institution who do not take timely steps in the prevention of ragging and punishing those who rag. In addition to penal consequences, departmental enquiries be initiated against such heads institutions/members of the administration/faculty members/non-teaching staff, who display an apathetic or insensitive attitude towards complaints of ragging;
5. The Hon. Supreme Court said that not only the students, but also the faculty must be sensitized towards the ills of ragging, and the prevention thereof. Non-teaching staff, which includes administrative staff, contract employees, security guards etc., have also to be regularly sensitized towards the evils and consequences of ragging;
6. The Hon. Supreme Court ordered that the Principal or Head of the Institution/Department shall obtain an undertaking from every employee of the institution including teaching and non- teaching members of staff, contract labor employed in the premises either for running canteen or as watch and ward staff or for cleaning or maintenance of the buildings/lawns etc. that he/she would report promptly any case of ragging which comes to his/her notice. A provision shall be made in the service rules for issuing certificates of appreciation to such members of the staff who report ragging which will form port of their service record.

7. The Hon. Supreme Court said that it was necessary that parents/guardians of freshers assume responsibility for promptly bringing to the notice of the Head of the Institution any instance of ragging.
8. The Hon. Supreme Court said that the SHO/SP, within whose jurisdiction a particular college falls, shall be responsible for ensuring that no ragging takes place on the campus of the concerned college, and to effectively deal with incidents of ragging, should, any such incidents take place. Once a central database/crisis hotline is made operative then as soon as SHO/SP, within whose jurisdiction a particular college falls, is contacted by the crisis hotline staff, then such SHO/SP shall deal effectively with the incident and cooperate and communicate with the crisis hotline staff and/or the independent monitoring agency. This will build confidence and encourage people to report incidences of ragging without fear or delay;
9. The Hon. Supreme Court said that once the database/crisis hotline is operative, State Governments shall amend their anti-ragging statutes to include provisions that place penal consequences on institutional heads.

Annexure I, Part 

Make this Campus Ragging Free and be a proud ESICian

Dean