
The Supreme Court of India set the guidelines against Ragging in Colleges. We are reproducing here the details of court guidelines, from national newspapers.
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Anti-ragging Guidelines Welcome
THE ACADEMIA on Tuesday welcomed
the Supreme Court guidelines to check ragging in colleges, but had a word of
caution on the provision of initiating criminal proceedings against the
perpetrators, saying it could be used to settle personal scores on the campus.
The directions have been widely
applauded as a necessary step to weed out the menace of ragging but most feel
that the execution of the provisions needs much care. "It was much needed.
But a deterrent cannot be at the cost of one's career, any harsh action to an
offender without defining the act of ragging could prove
counter-productive," said Prof. Anil Kumar of the Shri Ram College of
Commerce.
Accepting most of the
recommendations of the Raghavan Committee, the apex court had issued a slew of
directives to check ragging on campuses across the country "There is a
possibility of personal scores being settled against the seniors via the act if
the provisions are not implemented with utmost care," said Sidharth
Mishra, Chairman, Governing Body of Maharaja Agrasen College.
Student's bodies have stressed
that the college administration needs to ensure minimal external interference,
like that of the police, for healthy functioning of the campus. "We have
always stood for harsh punishments for the perpetrators of ragging. It is no
doubt a crime. But, on this pretext, there are chances of the police entering
the campus," said Arun Kumar, President, Students' Federation of India.
"It should be left to the campus
community whether to call in the police or not. The Committee recommendations
are definitely a step towards democratisation of campuses," he said.
(HT/May 17, 2007)
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Principals Oppose Ragging FIR
New Delhi: Though the Supreme Court on
Wednesday ordered educational institutions to file FIRs against students
indulging in ragging, the heads of several city colleges said this should be
treated only as a ‘‘last resort’’ since such a harsh step could jeopardise
students’ future. Strict disclipinary action was enough to make errant students
fall in line, they opined.
‘‘Nabbing the culprit is the responsibility of
the head of institution and there’s no need for the police to intervene. For
instance, we expelled four students from the hostel two years ago when they
were caught ragging freshers,’’ said Kirori Mal College principal Bhim Sen
Singh. ‘‘Ragging can take various forms — from asking freshers to sing or dance
to sexually harassing them. We cannot generalise the act and file an FIR
against everyone found indulging in ragging. There should be a more clear
definition of the term,’’ Singh added.
The court, while accepting most
recommendations of the R K Raghavan committee on Wednesday, gave a slew of
directions. The recommendations included an amendment of the Criminal Procedure
Code to ensure that cases of ragging are tried on a fasttrack. The punishment should
be harsh and examplary to act as a deterrent, it said.
But lodging an FIR against a teenager may ruin
his or her career, said Hindu College principla Kavita Sharma. ‘‘At the college
level, we do have a disciplinary committee with representatives from the
faculty, non-teaching staff and students, which takes necessary action against
erring seniors. Five years ago, we fined two students Rs 3,000 each when they
were caught ragging,’’ she added.
Officials of
residential institutes like IITs and IIMs, where ragging is more prevalent,
also feel that they have enough rules in place to curb the menace. ‘‘We have a
monitoring committee to keep a constant vigil and a permanent
standing committee chaired by the director to take necessary action against the
guilty. In 2003, some students were expelled for a year. The expulsion can go
up to three years even,’’ said Anurag Sharma, dean (students), IIT-Delhi. Even
DU has an ordinance in place, which says that ragging would lead to expulsion.
But there are also people who find nothing wrong in filing FIRs against errant
srudents. Principal of Ramjas College Rajendra Prasad said: ‘‘Ragging is a
criminal activity. A student studying in an institution of higher learning is
considered an adult, then why he/she should not be booked if found guilty of
ragging? Moreover, a student cannot escape the law if found harassing someone
outside the campus.’’
Agreed Institute of Hotel Management principal
Alok Shivpuri: ‘‘The move will help us to check ragging but students and
parents need more counselling to help us eradicate the menace.’’
As for students, they have welcomed the
court’s directions, but are at the same time apprehensive that the wrond person
may be booked. ‘‘One should listen to both parties to ensure that only the
culprit is booked,’’ said DUSU president Amrita Dhawan. The apex court has also
stated that SCERT and NCERT should introduce an ‘‘anti-ragging’’ chapter.
‘‘Integrating ragging into the school curriculum will help kids to learn about
its fallout,’’ said C Gurumurthty, director (academics), CBSE.
(Time
of India/ May 17, 2007)
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SC Gives Freshers a Weapon Against
Ragging: FIR & Law
NEW DELHI, MAY 16 : Ragging should now be a criminal offence, the
Supreme Court held today, much like crimes against women like cruelty or
dowry-related offences.
“A new section should be added to
the IPC, making ragging a punishable offence on the analogy of Section 498 A
dealing with cruelty towards women,” said a bench headed by Justice Arijit
Pasayat.
Not just ragging but also abetment to ragging, criminal
conspiracy to rag, causing injury, wrongful confinement, use of force, assault,
as well as sexual offences would have to be included in the “comprehensive
definition” of ragging under the proposed new section of the IPC, the court
said.
It issued a slew of directions based on the recommendations of a
committee headed by former CBI director R K Raghavan. The committee had said
that “ragging is an offence with a multiplicity of ingredients, each of which
constitutes an offence punishable under existing provisions of the IPC.” And
that it should attract an “exemplary (and) justifiably harsh” punishment.
Seeking another change in the law that the burden of proof
should lie on the accused rather than the victim in ragging cases, the court
empowered victims or their families to get a FIR registered.
“Every single incident of ragging, where the victim or his
parent/guardian or the head of the institution is not satisfied with the
institutional arrangement for action a FIR must be filed compulsorily by the
institutional authority with the local police authorities.” Students or their
guardians could also directly approach the cops for registration of an FIR, the
court said.
The court also put the onus on educational institutions to
initiate legal action by filing a criminal case against the perpetrators of
ragging if the victim or the parents failed to do so.
The bench, also comprising Justice S H Kapadia, ordered that
criminal cases involving ragging be tried on a fast-track basis to ensure there
are no delays keeping in mind the academic interests of the students. For
which, an amendment in the Criminal Procedure Code is called for, it said.
Burden of proof on accused, not victim
Key recommendations of the
Raghavan panel which formed part of the SC’s directions:
• Mandatory for institution to file FIR
• Mandatory school-leaving and “character
certificates” to mention student’s behaviour
• Gap of 1-2 weeks between joining dates for
freshers and senior students
• Freshers’ Day or “welcome party” within
first two weeks of Day 1 of new academic sessions, college faculty to attend
• Burden of proof to shift to the accused
rather than victim
• At least 20 counselling sessions each year for students,
involving parents and teachers
(Indian Express/17May 2007)
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