Ragging | UGC Regulations Not Enough; Stringent Law With Severe Punishments Needed : Kerala High Court

The Kerala High Court had recently observed that the State must frame stringent anti-ragging law with severe punishments for ragging in educational institutions. The Court opined that though the UGC Regulations are stringent, they are not enough to completely curb the practice of ragging.The observation was made by Justice D.K. Singh while disposing of two writ petitions, which were filed by the Dean of the College of Veterinary and Animal Sciences of the Kerala Veterinary and Animal Sciences University (KVASU), and the Assistant Warden of the Men's Hostel of KVASU.The writ petitions were filed challenging the Report of the Inquiry Commission (Exhibit P14) that held the petitioners and the Vice-Chancellor responsible for administrative lapses and for not effectively curbing ragging on campus. It was also prayed that no further action be taken against them pursuant to Exhibit P14 report and another report (Exhibit P9) of the three-member Committee, constituted by the Vice-Chancellor.The Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009 was notified by the University Grants Commission (UGC) pursuant to Section 26(1)(g) of the UGC Act, 1956. The intent behind the regulations was to curb the menace of ragging in higher educational institutions.Factual BackgroundIn February, 2024, Sidharthan J.S., a 21-year-old second year student of took his own life in the Men's Hostel of KVASU. Afterwards, students gave complaints and information through the UGC Anti-ragging helpline, after which, information was passed on to the Dean and Vice-Chancellor. The anti-ragging squad investigated the case and confirmed that the deceased Sidharthan was subjected to brutal ragging. The anti-ragging squad also found the Dean and Assistant Hostel Warden (petitioners) responsible for administrative lapses and failure to prohibit ragging.A three-member committee was constituted to inquire into said administrative lapses. The finding of the committee was that the petitioners had failed to provide a safe and secure campus life for students. Subsequently, the Chancellor of the University/the Governor appointed Hon'ble Mr Justice A. Hariprasad (former Judge of the High Court of Kerala) as the Commission of Inquiry to look into the administrative lapse. As per the Commission of Inquiry Report, the petitioners and the Vice-Chancellor of the KVASU were found responsible for not preventing ragging in the campus. The Report also noted two other incidents of ragging that occurred on the campus but these went unnoticed and unpunished. As per the order passed by the Vice-Chancellor, the petitioners were placed under suspension. Subsequently, another order was passed by the University, as per the decision of the Board of Management, directing the petitioners to appear for an inquiry before the VC and the Faculty Dean. Thereafter, a decision was taken by the Board of Management to withdraw its earlier decision and to proceed as per the decision of the Chancellor.The Board also took a decision to reinstate the petitioners and transfer them to Thiruvazhamkunnu College of Avian Science and Management. Thereafter, the Chancellor sent a communication to the VC to keep the aforesaid decision of the Board in abeyance. FindingThe Court found that no effective action has been taken against the petitioners yet even though the three-member Committee had found them to be guilty of dereliction of duty, which lead to the death of the student of the University.Though the counsel for the petitioners had urged that the Chancellor of the University had no powers to take decision in respect of disciplinary actions against the petitioners, the Court refused to accept such a contention. The Court went on to state that the Chancellor had wide powers over the University and its authorities. The Chancellor even has the power to remove, suspend and dismiss every authority under the University, including the Vice-Chancellor.The learned Single Judge also criticized the University for keeping the disciplinary proceedings against the petitioners in abeyance. A direction was given to the University to take departmental proceedings against the petitioners and finalise the same within 3 months. The petitioners were directed to extend full co-operation in the proceedings.Noting that there was a need for strict anti-ragging laws, the Court observed as follows:“This Court is of the view that though the UGC Anti-ragging Regulations are stringent, they have not deterred the unruly behaviour and conduct of the students. The Regulations are not enough to curb the ragging activity in its entirety. The State, therefore, must frame a stringent law providing severe punishment for ragging activities in educational institutions to stop this menace so that no other student loses his/her life for the unruly, rowdy conduct by the undisciplined students. The State shall also make sure that the guilty found does not go unpunished.”Thus, the writ petitions were...

Ragging | UGC Regulations Not Enough; Stringent Law With Severe Punishments Needed : Kerala High Court

K. Salma Jennath

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