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Presentation on Ragging - A menace (1).ppt

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Presentation on Ragging - A menace (1).ppt

  1. 1. Ragging : A Menace Presented by AjoyKumar Mukherjee Additional Director West BengalJudicial Academy
  2. 2. Medical student killed in ragging Naresh K Sharma & Anand Bodh , TNN | Mar 10, 2009, 12.48AM IST Aman Kachroo had repeatedly complained to his parents about the brutal ragging. (TOI Photo) DHARAMSALA: A Delhi Public School student who had taken admission in a medical school in Himachal Pradesh last year met with a horrible death at the hands of seniors who are training to be doctors. Aman Kachroo (19), who passed out of DPS International in Saket and enrolled at the Dr Rajendra Prasad Medical College, Tanda, in Kangra last August had repeatedly complained to his parents about the brutal ragging that took place on campus — often by completely drunk third-year students. On Friday night and Saturday morning, the boy was beaten so badly that he died. "Aman used to tell us about ragging but we never thought that it was so serious. The first-year students had complained to the college administration recently, but despite that, no steps were taken to stop ragging. We've lost our son, but many others can be saved if timely steps are taken," his aunt Indira Dhar said on Monday. She said the body was being brought to Gurgaon where the parents have been living since the family moved back to India from Tanzania. Aman's father is still a visiting faculty at the Dar-es-Salaam University. Indira Dhar alleged that due to severe beatings at the hands of senior students, Aman sustained grievous injuries on his chest, ears and face. The hostel manager had asked the students to file a written complaint, but even then no action was taken.
  3. 3. Meaning of ‘Ragging’ Practical meaning of the word ‘Ragging’ is to tease. It is any kind of disorderly conduct whether spoken or written or by an act which causes annoyance, hardship or psychological harm or raises fear or shame in a student.
  4. 4. Origin of Ragging ‘Ragging’ originated in the West, but subsequently it has reached the Indian society. For an estimated six million young students enrolled in approximately India’s 335 universities and 17000 colleges are contaminated by ‘Ragging’.
  5. 5. Why students engage in Ragging There cannot be any general rule as to why a student ragged his fellow students but according to researchers some of the common causes are: 1. Hostel life is boring to them and lacks joyful excitement, so they like to get thrill from ragging. 2. To vent the mental and physical sufferings which they have suffered in the past and to get sadistic pleasures. 3. Some senior students think of themselves as “Boss” and they think that cheap popularity can be gained through Ragging others. 4. In many cases hostel superintendant does not stay in the hostel and students take advantage of the situation.
  6. 6. Common misconceptions about Ragging 1. Some students think that Ragging is practiced across the World. 2. It helps their personality development. 3. It helps to become strong and face difficult circumstances in life. 4. It helps in bonding between the students. 5. Ragging to some limit should be allowed.
  7. 7. • Ragging problem is most prevalent in engineering, military and medical colleges. • The Medical colleges are the worst affected by Ragging in India. • Tamil Nadu, Andhra Pradesh, Maharashtra and West Bengal report the largest number of reported incidents of Ragging
  8. 8. • First Ragging related death occurred in 1873 in Cornell University in the US. Gradually in the 20th century Ragging related violence started to escalate in the West. • In India, our students inherited Ragging as a legacy from the British Raj. •At first it was practiced mainly in the army and English public schools. During the 90’s private engineering colleges and medical colleges were established in large numbers. It was during this period that Ragging started showing its ugly face.
  9. 9. • Today almost all countries of the world have enacted stern laws that ban ragging. •It has been completely eradicated in countries such as Canada and Japan. • A recent research shows that India and Sri Lanka are the two countries where mainly Ragging still exists.
  10. 10. Substantive Laws in India prohibiting Ragging Tamil Nadu became the first state to introduce legislation against Ragging in 1997. Following are the substantive laws in India prohibiting Ragging: 1. The prohibition of Ragging Act, 1996 (applicable in the state of Tamil Nadu) 2. Andhra Pradesh prohibition of Ragging Act, 1997. 3. The Kerala prohibition of Ragging Act, 1998. 4. Assam prohibition of Ragging Act, 1998. 5. The Maharashtra prohibition of Ragging Act, 1999. 6. The West Bengal prohibition of Ragging in educational Institutes Act, 2000
  11. 11. Common essential features of the Substantive Laws prohibiting Ragging. 1. They provide a statutory definition of Ragging. 2. They provide for setting up of disciplinary committees for taking immediate and effective steps against Ragging. 3. The legislations declare Ragging to be a cognizable offence and prescribe punishment for the same. • Where there is no anti-ragging act and also the Ragging cases which does not cover under state legislation, the perpetrators are charged under different provisions of Indian Penal Code.
  12. 12. The landmark Supreme Court guidelines. With Ragging becoming a National issue affecting thousands of students across India, the Hon’ble Supreme Court of India condemned the issue mainly in two landmark judgments: 1. Ragging of freshers in Thiruvananthapuram Government Engineering College vs. State of Kerala 2. Vishwa Jagriti Mission through President vs. Central Government through Cabinet Secretary.
  13. 13. Guidelines laid down by Supreme Court in Vishwa Jagriti Mission case. 1. Anti Ragging movement should be initiated by the institutions right from the time of advertisement for admissions. 2. Undertaking to be taken both from the fresh men and their parents/guardians. 3. Undertaking to be taken from senior students and their parents/guardians. 4. A printed leaflet detailing when and to whom approach can be made for redressal in case of Ragging . 5. At the commencement of the academic sessions, the institutions should constitute a committee to keep a continuous watch and vigil over Ragging and to promptly deal with incidence of Ragging.
  14. 14. 6. Ragging prone zones to be identified and carefully guarded. 7. Society to be sensitized on the issue of Ragging. 8. Failure to prevent Ragging to be construed as an act of negligence. 9. Migration certificate to mention whether the student ever indulged in Ragging. 10. Financial assistance to be withdrawn where Ragging incidents are reported. 11. Students to first approach their colleges in case of Ragging. 12.Police not to follow a retributive approach while dealing with Ragging culprits.
  15. 15. The formation of Raghavan Committee by the Hon’ble Supreme Court The Hon’ble Supreme Court of India formed a committee headed by Shri R.K.Raghavan, former Director, CBI in December, 2006 to look into Ragging issues in details by holding detailed enquiry and to give suggestions on means of prevention of Ragging in educational institution. The committee has observed that institutional authorities are required to make accountable in variety of ways as their attitude is evasive. The committee also views about absence of civil society initiative on the issue of Ragging as a matter of serious concern.
  16. 16. The West Bengal prohibition of Ragging in educational institutes Act, 2000 • It came into force on 29/05/2000 • According to this Act, ‘Ragging’ means the doing of any Act which causes or is likely to cause any physical, psychological, or physiological harm or apprehension or shame or embarrassment to a student and includes: a) teasing or abusing of playing practical joke on or causing hurt to any student b) Asking any student to do any act, or perform anything, which he would not in the ordinary course be willing to do or perform.
  17. 17. • Whoever contravenes the provisions, shall be punished with imprisonment for a term which may extend to two years or with fine which may extend to Rs. 5000/- or both. • If on enquiry the complaint of Ragging is found true against any student, head of institution shall expel such student from the institute. • Action to be taken against Head of the Institution or the person responsible to the management of the institution, who fails or neglects to comply with the provisions of the act.
  18. 18. Medical Council of India (Prevention and Prohibition of Ragging in Medical Colleges/ Institutions) Regulation, 2009 • In exercise of the power conferred by Sec. 33 of the Indian Medical Council Act, 1956 the Medical Council of India made the present regulations. • Its objective is to root out Ragging in all its forms from Medical Colleges/ Institutions in the country.
  19. 19. Punishable ingredients of Ragging under the said Regulation. • Abetment to Ragging • Criminal conspiracy to Ragging • Unlawful assemble while Ragging • Public nuisance created during Ragging • Violation of decency and morals through Ragging • Injury to body causing hurt or grievous hurt. •Wrongful restraint • Wrongful confinement • Use of criminal force • Assault as well as sexual offences or even unnatural offences • Extortions • Criminal trespass • Criminal intimidation.
  20. 20. Measures for prevention of Ragging at the institution level under the said regulation Before Admission: 1. The advertisement for admission shall clearly mention that Ragging is totally banned in the institution. 2. The brochure of admission booklet for candidates shall print the MCI regulation, 2009. 3. The ‘prospectus’ and other admission related documents shall incorporate all directions of the Hon’ble Supreme Court in this regard. 4. A database shall be created out of affidavits affirmed by each student and his parents stored electronically and shall contain the details of each student.
  21. 21. 5. The application for admission shall be accompanied by a document which shall include a report on the behavioural pattern of the applicant. 6. A student seeking admission to the hostel shall have to submit additional undertaking along with his application for hostel accommodation. 7. Medical college shall undertake measures for extensive publicity against Ragging through posters, leaflets, seminars, street-plays etc.
  22. 22. On admission 1. Every freshers shall be given a printed leaflet detailing when and to whom he/she has to turn for help and guidance in case of Ragging 2. The medical college shall organise joint sensitization program of freshers and seniors. 3. Freshers shall be encouraged to report incidents of Ragging either as victims or even as witness.
  23. 23. A committee at the institution level and university level. • At the level of the medical institution there shall have an anti-ragging committee and an anti-ragging squad. • At the level of the university MCI recommends that there should be a monitoring cell on Ragging which should coordinate with the affiliated colleges and institution under its domain.
  24. 24. Role of student union should be proactive Ragging is an issue with the students and as it relates to student community, the student union ought to have a major role to play particularly in controlling the menace of Ragging in educational campus. They should take the role of guardian of freshers students in the classroom, canteen and also in the hostel.
  25. 25. Other measures to be taken by Medical Colleges • Freshers shall be lodged in a separate hostel block, wherever possible. • Surprise visit shall be conducted during the first 3 months of the academic year to verify and cross check whether campus is indeed free of Ragging or not. • The burden of proof shall lie on the perpetrators of Ragging and not on the victim. • The institution shall file FIR with the police whenever a case of Ragging is reported, but continue with its own enquiry and other measures without waiting for action on the part of the police. • Institute authority should install “Free Ragging Help line “ at strategic points . Complaint drop boxes especially meant for these and email Help line should be provided.
  26. 26. Awardable Punishments as recommended in the regulation 1. Suspension from attending classes 2. Withholding scholarship/fellowship and other benefits. 3. Debarring from appearing in any evaluation process 4. Withholding results 5. Debarring from representing the institution in any program 6. Suspension/expulsion from the hostel 7. Cancellation of admission 8. Rustication from the institution 9. Expulsion from the institution 10. Imposition of exemplary fine.
  27. 27. Awardable Punishments as recommended at the MCI level 1. Impose an exemplary fine of Rupees one lakh for each incident of Ragging payable by erring Medical College. 2. Declaring the erring Medical College as not having the minimum academic standard. 3. Declare the erring Medical College to be ineligible for preferring any application u/s 10A of the Indian Medical Council Act, 1956 for a minimum period of one year.
  28. 28. Steps to be followed, if Ragged 1. The first step is to get treatment and to tell ragging incident to the doctor-in-charge of hospital on duty. Ensure that doctor duly noted the word Ragging in the history of assault column in prescription sheet of hospital and medical certificates. 2. Next immediate duty is to approach local police station and to file an FIR. In case student is sick, FIR may be lodged by local guardian/parents. 3. In the FIR mention clearly name and other detail particulars who caused assault and also relevant details of all other who were present and encouraged assaulters . 4. In FIR describe assault incident precisely but clearly and FIR needs to be filed soon after the incident as in such cases the sooner is better.
  29. 29. Conclusion Ragging is neither a custom nor a rule, on the contrary it is a punishable criminal offence. Ragging is a problem of the students and by the students and therefore the solution to it also lies with the students. With Ragging becoming rampant in colleges, it is high time that the student community awakens its consigns to this inhuman practice before more and more innocent students become victims of it and before more and more educational institute are degraded by it.

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