Page | 191 words spoken or written or by an act which has the effect of 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 student to do any act or perform something which such student will not do 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.
A rare and strange case of ragging is as follows -Pyotr Ilyich Tchaikousky was a renowned composer of Russia. It was reported in 1893 that he died due to cholera and cholera was caused due to drinking of contaminated water. This was a blatant lie.
However, this lie prevailed for about a century. The truth was revealed by, Alexandra Orlova, the biographer of the composer and that too when the composer died and the biographer migrated to America. The biographer revealed that the Russian composer was a homosexual during his education period and this fact became known to college authorities and they decided to punish the composer and was likely to be expelled. The news of proposed punishment leaked to his old classmates and they thought that if the composer is punished it will bring a bad name to the institution. Therefore, the composer was summoned before eight former classmates in the "Court of Honour" and was asked to end his own life to "preserve the good name of the school". The composer ended his life by consuming poison brought by one of the Judges and story of death by cholera was concocted.
After consideration of the reports, we direct that the Government in the States and the Union Territories and the University shall act in terms of the guidelines formulated by the Constituted Committee. The MCI, BCI in consultation with UGC shall frame the requisite regulations which shall be binding on the institutions. They shall be indicated to the students at the time of admission by appropriate provision in the prospectus issued for admission. The consequences which flow from not observing the guidelines shall also be indicated. Inquiries which are pending shall be completed and report shall be submitted before this Court.
A question raised was regarding giving opportunity to the offender before taking actions like expulsion etc. Delay in taking action in many cases would frustrate the need for taking urgent action. In such cases if the authorities are prima facie satisfied about the errant act of any student, they can in appropriate cases pending final decision, suspend the student from the institution and the hostel if any and give opportunity to him to have his say. Immediately, the police shall be informed and criminal law set into motion. If it comes to the notice of the university or controlling body that any educational institution is trying to shield the errant students, they shall be free to reduce the grants in aid and in serious cases deny grants in aids.
VISHVA JAGRITI MISSION V. CENTRAL GOVERNMENT (AIR 2001 SC 2793)
IN EXERCISE OF THE JURISDICTION CONFERRED BY ARTICLE 32 AND ARTICLE 142 OF THE CONSTITUTION COURT ISSUED THE FOLLOWING GUIDELINES:-
Page | 192 This Court views with concern the increase in the number of incidents of ragging in
educational institutions. Some of the reported incidents have crossed the limits of decency, morality and humanity. Some of the States have acted by enacting legislations and making ragging as defined therein a cognizable and punishable offence. However, we feel ragging cannot be cured merely by making it a cognizable criminal offence.
Moreover we feel that the acts of indiscipline and misbehavior on the part of the students must primarily be dealt with within the institution and by exercise of the disciplinary authority of the teaches over the students and of the management of the institutions over the teaches and students. Students ought on to ordinarily be subjected to police action unless it be unavoidable. The students going to educational institution for learning should not remain under constant far of being dealt with by police and sent to jail and face the courts. The faith in the teachers for the purpose of maintaining discipline should be restored and the responsibility fixed by emphasising the same.
Broadly speaking Ragging is :
Any disorderly conduct whether by words spoken or written or by an act which has the effect of teasing, treating or handling with rudeness any other student, indulging in rowdy or indisciplined activities is 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 t o do any act or perform something which such student will not do in these ordinary course and which has the effect of causing or generating sense of shame or embarrassment so as to adversely affect the physique or psyche of a fresher or a junior student.
The cause of indulging in ragging is deriving a sadistic pleasure or showing off power, authority or superiority by the seniors over their juniors or freshers.
Ragging can be stopped by creating awareness amongst the students, teachers and parents that ragging a reprehensible act which does no good to any one and by simultaneously generating an atmosphere of discipline by sending a clear message that no act of ragging shall be tolerated and any ac to of ragging shall not go unnoticed and unpunished.
Anti-ragging movement should be initiated by the institutions right from the time of advertisement for admissions. The prospectus, the form for admission and/or any other literature issued to aspirants for admission must clearly mention that ragging is banned in the institution and any one indulging in ragging is likely to be punished appropriately which punishment may include expulsion form the institution, suspension from t he institution or classes for a limited period or fin with a public apology. The punishment may also take the shape of (1) withholding scholarships or other benefits (ii) debarring from representation in events( iii) withholding results (iv) suspension or expulsion from hostel or mess, and the like. If there be any legislation governing ragging or any provision in the Statute/Ordinances they should be brought to the notice of the students/parents seeking admissions.
The application form for admission/enrolment shall have a printed undertaking to be filled up and signed by the candidate to the effect that he/she is aware of the institution's approach towards ragging and the punishments to which he or she shall be
Page | 193 liable if found guilty of ragging. A similar undertaking shall be obtained from the
parent/guardian of the applicant.
Such of the institutions as are introducing such a system for the fist time shall ensure undertakings being obtained from the students and their parents/guardians already studying in the institutions before the commencement of the next educational year/session.
A printed leaflet detailing when and to whom one has to turn for information, help and guidance for various purposes, keeping in view the needs of new entrants the institution, along with the addresses and telephone numbers of such person, should be given to freshers at the time of admissions so that he freshers need not look up to the seniors for help in such matters and feel indebted to or obliged by them.
The management, the principal, the teaching staff should interact with freshers and take them in confidence by apprising them of their right as well as obligation to fight against ragging and to generate confidence in their mind that any instance of ragging to which they are subjected or which comes in their knowledge should forth with be brought to their knowledge and shall be promptly dealt with while protecting the complainants from any harassment by perpetrators of ragging.It would be better if the head of the institution or a person high in authority addresses meetings of teaches parents and students collectively or in groups in this behalf.
At the commencement of the academic session, the institution should constitute a proctorial committee consisting of senor faculty members and hostel authorities like wardens and a few responsible senior students:
i) to keep a continuous watch and vigil over ragging so as to prevent its occurrence and recurrence,
ii) to promptly deal with the incidents of ragging borough to its notice and summarily punish the guilty either by itself or by putting-forth its finding/recommendation/suggestions before the authority competent to take decision.
All vulnerable locations shall be identified and specially watched.
The local community and the students in particular must be made aware of dehumanising effect of ragging inherent in its perversity. Posters, notice boards and sign-boards-wherever necessary, may be used for the purpose.
Failure to prevent ragging shall be construed as an act of negligence in maintaining discipline in the institution on the par to the management, the principal and the persons in authority of the institution. Similar responsibility shall be liable to be fixed on hostel wardens/superintendents.
The hostels/accommodations where freshers are accommodated shall be careful guarded, if necessary by posting security personnel and placed in charge of a warden/superintendent who should himself/herself reside thereat, and wherein the entry of senior and outsiders shall be prohibited after specified hour of night and before
Page | 194 except under the permission of the person incharge. Entry at other times may also be
regulated.
If the individual committing or abetting ragging are not identified collective punishment could be resorted to act as a deterrent punishment and to ensure collective pressure on the potential raggers.
Migration certificate issued by the institution should have an entry apart from that of general conduct and behavior whether the student had participate din and in particular was punished for ragging.
If an institution fails to curb ragging, the UGC/Funding Agency may consider stoppage of financial assistance to such an institution till such time as it achieves the same. An University may consider disaffiliating a college or institution falling to curb ragging.
The Universities and the institutions shall at a reasonable time before the commencement of an academic year, and therefore at such frequent intervals as may be expedient deliberate over and devise such positive and constructive activities to be arranged by involving the students generally so that the seniors and juniors, and the existing students and the freshers, interact with each other in a healthy atmosphere and develop a friendly relationship so as to behave like membres of a family in an institution. Seniors or juniors should be encouraged to exhibit their talents in such events so as to shed their complexes.
We make it clear that these guidelines are only illustrative and are not intended to come in the way of the unsteadiness and authorities devising ways and means to curb the ragging.If there are local laws governing ragging they shall be implemented and knowledge and information about such laws shall also be disseminated. Ragging if it becomes unmanageable or amount s to a cognizable offence the same may be reported to the police. However the police should be called in or allowed entry in the campus at the instance of the head of the institution or the person in charge. We expect the police also to deal with such incidents when brought to its notice for action by keeping in mind that they are dealing with students and not criminal. The action of the police should never be violent and be always guided by a correctional attitude.
In State of Himachal Pradesh versus A Parent of a student of Medical College, Simla and others [ (1985) 3 SCC 169 ], the High Court of Himachal Pradesh required the State Government to initiate legislation against ragging in educational institutions and for this purpose time of six weeks was granted to the State Government. The decision was challenged before the court. SUPREME court was of the opinion that the direction given by the division bench was nothing short of an attempt to compel the State Government to initiate legislation with a view to curb the evil of ragging. It is held :
"It is entirely a matter for the executive branch of the Government to decide whether or not to introduce any particular legislation. Of course, any member of the legislature can also introduce legislation but the court certainly cannot mandate the executive or any member of the legislature to initiate legislation, howsoever necessary or desirable the court may consider it to be. That it is not a matter which is within the sphere of the functions and duties allocated to the judiciary under the Constitution. If the executive is not carrying out any duty laid upon it by the Constitution or the law, the court can
Page | 195 certainly require the executive to carry out such duty and this is precisely what the
court does when it entertains public interest litigation. Where the court find, or being moved by an aggrieved party or by any public spirited individual or social action group, that the executive is remiss in discharging its obligations under the Constitution or the law, so that the poor and the underprivileged continued to be subjected to exploitation and injustice or are deprived of their social and economic entitlements or that social legislation enacted for their benefit is not being implemented thus depriving them of the rights and benefits conferred upon them, the court certainly can and must intervene and compel the executive to carry out its constitutional and legal obligations and ensure that the deprived and vulnerable sections of the community are no longer subjected to exploitation or injustice and they are able to realize their social and economic rights.
When the court passes any orders in public interest litigation, the court does so not with a view to mocking at legislative or executive authority or in a spirit of confrontation but with a view to enforcing the constitution and the law, because it is vital for the maintenance of the rule of law that the obligations which are laid upon the executive by the Constitution and the law should be carried out faithfully and no one should go away with a feeling that the Constitution and the law are meant only for the benefit of a fortunate few and have no meaning for the large members of half-clad, half- hungry people of this country. That is a feeling which should never be allowed to grow. But at the same time the court cannot usurp the functions assigned to the executive and the legislature under the Constitution and it cannot even indirectly require the executive to introduce a particular legislation or the legislature to pass it or assume to itself a supervisory role over the law making activities of the executive and the legislature."
In Asif Hameed and others versus State of Jammu and Kashmir and others [ 1989 Suppl. (2) SCC 364 ], the court had an occasion to have a fresh look on the inter-se functioning of the three organs of democracy under our Constitution. It is held :
"Although the doctrine of separation of powers has not been recognized under the Constitution in its absolute rigidity but the Constitution makers have meticulously defined the functions of various organs of the State. Legislature, executive and judiciary have to function within their own spheres demarcated under the Constitution. No organ can usurp the function assigned to another. The Constitution trusts to the judgment of these organs to function and exercise their discretion by strictly following the procedure prescribed therein. The functioning of democracy depends upon the strange and independents of each of its organ. Legislature and executive, the two facets of people's will, they have all the powers including that of finance. Judiciary has no power over sword or the purse nonetheless it has power to ensure that the aforesaid two main organs of State function within the constitutional limits. It is the sentinel of democracy.
Judicial review is a powerful weapon to restrain unconstitutional exercise of power by the legislature and executive. The expanding horizon of judicial review has taken in its fold the concept of social and economic justice. While exercise of powers by the legislature and executive is subject to judicial restrain, the only check on our own exercise of power is the self- imposed discipline of judicial restraint.
Page | 196 RAPE VICTIM AND HER EVIDENCE VALUE
STATE OF PUNJAB v. GURMIT SINGH AND ORS., 1996 SC (Criminal) 316 which lays down a principle that the testimony of the victim of sexual assault is vital and unelss there are compelling reasons, which necessitate looking for corroboration of her statement, the Court should find no difficulty in acting on the testimony of a victim of sexual assault alone to convict an accused when her testimony inspires confidence and is found to be reliable.
STATE OF KARNATAKA v. DEVIDAS, 1994 (2) KLJ 46 wherein the observation is that evidence of a victim of alleged rape shall be assessed as evidence of any other witness and that such evidence cannot be accepted on the face value and has to be tested with touch stone of probabilities and her conduct.
BHARWADA BHOGINIBHAI HIRIBHAI v. STATE OF GUJARAT, which dealt with a similar incident of alleged rape on a 10 years girl, the observation made is that:
"Corroboration is not the sine qua non for a conviction in a rape case. In the Indian setting, refusal to act on the testimony of a victim of sexual assault in the absence of corroboration as a rule, is adding insult to injury. Why should the evidence of the girl or the woman who complains of rape or sexual molestation be viewed with the aid of spectacles fitted with lenses tinged with doubt, disbelief or suspicion? To do so is to justify the charge of male chauvinism in a male dominated society.
A girl or a woman in the tradition bound non-permissive society of India would be extremely reluctant even to admit that any incident which is likely to reflect on her chastity had ever occurred. She would be conscious of the danger of being ostracized by the society or being looked down by the society including by her own family members, relatives, friends, and neighbours. She would face the risk of losing the love and respect of her own husband and near relatives, and of her matrimonial home and happiness being shattered. If she is unmarried, she would apprehend that it would be difficult to
A girl or a woman in the tradition bound non-permissive society of India would be extremely reluctant even to admit that any incident which is likely to reflect on her chastity had ever occurred. She would be conscious of the danger of being ostracized by the society or being looked down by the society including by her own family members, relatives, friends, and neighbours. She would face the risk of losing the love and respect of her own husband and near relatives, and of her matrimonial home and happiness being shattered. If she is unmarried, she would apprehend that it would be difficult to