Kerala High Court Directs State To Notify Anti-Ragging Guidelines Within Two Weeks

A Division Bench comprising 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 Court noted that the Kerala legislature is yet to amend the Kerala Prohibition of Ragging Act, 1998, in consequence of the proposed guidelines, which had been directed to be followed pending legislation.

The counsel for Kerala State Legal Services Authority (KeLSA), submitted that certain amendments may also be required in the parent legislation which may not have been considered while preparing the Guidelines by the Committee.

Among the suggestions was a change in the wording of Clause 6 of the proposed guidelines, which presently refers to ragging occurring “within, or without, any educational institution.” KeLSA suggested that the expression be replaced with “within or outside” for greater clarity. KeLSA had also proposed enhancement of punishment and reclassification of the offence as cognizable and non-bailable.

The Advocate General, however, submitted that these changes could not be incorporated merely through the guidelines and would require an amendment to Section 4 of the Kerala Prohibition of Ragging Act, 1998. The State submitted that the issue would be considered when the Amendment Act is promulgated.

“We are confident that the legislature, while finalising the Bill, shall take into consideration the issues raised by the KeLSA, which appear to be relevant. The Guidelines shall be notified with the change that the expression “within, or without, any educational institution” shall be replaced with the expression “within or outside, any educational institution”.” the Court said.

The State Government has been given two weeks to notify the guidelines.

The matter is posted to December 2 for further consideration.