Can Draft Anti-Ragging Bill Be Implemented Till Formal Legislation Is Passed? Kerala High Court Asks State

The Kerala High Court on Friday (July 31) sought the State's opinion on whether the Kerala Prohibition of Ragging (Amendment) Bill, 2025 can be implemented for the time being, till a formal legislation is passed.

The Special Bench of Chief Justice Soumen Sen and Justice C. Jayachandran was considering a public interest litigation moved by KeLSA (Kerala State Legal Services Authority), seeking stronger laws to combat the menace of ragging within educational institutions.

"The learned Advocate General has submitted that the Bill is under the active consideration and it might take some time to formalise the Bill. This Court felt that till formalisation of the draft Bill, the modalities prescribed under the same Bill may be followed and be implemented subject to the finalisation of the same Bill by the legislature. The matter is adjourned till August 14 in order to enable the learned Advocate General to respond to the suggestion."

During the previous hearing, the Court had expressed strong dissatisfaction over the State's delay in finalising and placing the Bill before the Cabinet. It had then granted time to update about the present status of the same.

When the matter came up on Friday, the Advocate General told the Court that the Bill has already been placed before the Cabinet on July 27 and it was opined that certain modifications might be required, including incorporation of a WhatsApp tracking mechanism. It was also submitted that under the chairmanship of the Higher Education Secretary, a Committee has been constituted to make appropriate suggestions and modifications.

Hearing the same, the Court orally said that since many committees of experts as well as the KeLSA had given their inputs before the draft Bill was created, it may not be necessary to have a full-fledged relook under a new committee. It said:

"Several committees were constituted. Several deliberations were made, KeLSA had made…If it's a mere incorporation of one particular aspect, at least do it without going through an elaborate process remanding the whole thing...What we suggest is that let there not be another committee for the purpose of having a relook. Because there are a lot of committees whose recommendations have already come. Now, if you want to have some better thing with this existing draft, without having a relook at the entire thing."

"Only necessary amendments for implementation, follow-up action. It needs to be presented before the Assembly," the AG responded.

At this juncture, the counsel representing the University Grants Commission (UGC) submitted that if the present government is proposing any amendments to the draft, the same may be placed before the Court so that it does not go against the UGC's regulations on anti-ragging. 

The Court then asked the AG as to whether the present draft can be implemented till formalisation of the Bill:

"Please consider this. Whether the guidelines that have been framed by a committee by experts, whether that can be implemented till formalisation by the legislature? The legislature may keep some part of it, may omit some part of it. That we are not entering into. But considering that it will take some more time, come back to us by next week whether these guidelines, for the time being, can be implemented till formalisation by the legislature." 

The case is now posted to August 14 for the State to respond to the Court's suggestion.

Case Title: Kerala State Legal Service Authority v. Government of Kerala and Others

Case No: WP(C) No. 8600 of 2025