Normative Research on Socio – Legal Impact of Ragging
Mrs. Debashree Chakraborty
Assistant Professor of Law, ITM University, Raipur
ABSTRACT:
Ragging means laughing at or playing a trick on or teasing somebody. In this sense ragging is intended to be harmless and hence not objectionable. Ragging can be considered as an ordeal, to make juniors less shy and more interactive and comfortable with their seniors. However, this remains a mere myth in the present day. However, with passage of time, this practice had assumed a very bad connotation due to the increase in number of cases of physical, mental torture and psychological damage that was being practiced on an atrocious scale in the name of ragging. It was considered as an act of violating a student’s dignity and was severely condemned. Our data from a normative research study conducted on the prevalence or existence of ragging indicates that ragging should not be ban totally, but should be practiced with the intention with which it was introduced as this provides scope for increase in self confidence helps maintain a healthy relationship between the students of a University. Ragging should be regulated with an unique form of statute that should curb the menance of ragging in all educational institutions within India, under the supervision of UGC.
KEYWORDS: Ragging should be ban totally or partially
Introduction
It had been well said that the end may not always justify the means and this rightly fits present practice of ragging in India. The first traces of ragging have been traced down the 7th or 8th century. In Greek culture the new sport entrants were subjected to teasing and prank to nurture a team and sportsman spirit. With time this practice underwent a myraid of transitions in the military forces and finally was adopted by the educational Institutions. Ragging underwent a massive transition after the First World War where soldiers brought back this concept from their military camps and practised it in the college where they were admitted to complete their higher studies. In time, the very few military persons re-entered colleges and Universities but left back this trend of ragging where it still continued when students were unaware of the intent of practice. It is during this time, that it acquired its brutal transition. Ragging entered the India educational system along with English education. Initially, ragging is just an interaction. So, that they get close and know each other. It’s a short type of mock interview of the new entrants to help in building confidence. However, with passage of time, ragging was asumed as a harmful practice and was severely condemned.
To eliminate ragging in all its forms from universities, deemed universities and other higher education institutions, commitee was constituted under the chairmanship of Dr. R.K. Raghvan, an ex-CBI Chief and he submitted the report on anti ragging in the year 2007. In 2009, Aman Kachroo Case, where a first year student was beaten to death by drunk third year students. Court held that they are guilty under culpable homicide but not equavalent to murder under IPC1, and was given only four year imprisonment and even they were released from the jail 7months before the completion of their term on the account of good behavior.
After this Aman kachroo Case, UGC passed a regulation on Curbing the Menance of Ragging in Heigher Educational Institutions on 17th June'2009, these are as follows2-
· Provide Telephone numbers of the Anti-Ragging Helpline.
· Anti-Ragging Committees and Anti-Ragging Squads etc. to be published in brochure of admission/instruction booklet or the prospectus.
· Every student and his/her parents to file an affidavit avowing not to indulge in ragging.
· The institution to prominently display posters detailing laws and punishment against ragging.
· Anti-ragging squad to ensure vigil at odd hours during first few months at hostels.
· Identity of informants of ragging incidents to be fully protected.
· Faculty members assigned to students to make surprise visits and to maintain a diary of his/her interaction with the freshers.
· Freshers to be lodged, as far as may be, in a separate hostel block.
· College administration must file the First Information Report (FIR) within twenty four hours of receipt of such information.
UGC has strictly ordered and provided guidelines to all Indian Educational Institutions regarding their Responsibilities in matter of ragging, which will be inspect by UGC at regular interval of time. On April 24 2014, the University Grants Commission (UGC) asked institutes to install electronic surveillance systems and alarm bells to curb instances of ragging, especially inside canteens, hostels and along college corridors and lawns. And it mandated surprise inspections to such spots that are conventionally used for ragging purposes. It also asked institutes to form anti-ragging squads, quick-response teams and identify students who generally create trouble at the beginning of the academic year itself. Today, almost all countries of the world have enacted strict laws for ragging, even Japan and Canada has been completely eradicated this evil practice from their respective States3. That means, 'ragging was an amusing practice, but it has degraded in an evil. 4 '
A famous French Proverb, ' A ragging colt may make a good horse” 5 but in India ragging is treated as an act of violating a student's dignity by the seniors. according to Hon'ble Supreme Court of India, '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 to any student, indulging in rowdy or undicisiplined activities which cause or likely to cause annoyance, hardship or psychological harm or to raise fear or apprehension thereof in a fresher or a junior student and which has the effect of causing or generating a sense of shame or embarrassment of a fresher or a junior students.”6
It can be hypotheticted that no doubt strong practice of ragging is an evil for the society but mild form of ragging or interaction is a way to build character, confidence and even helps in building up relationship. Mild ragging add the charm to college life and makes it more exciting. Ragging makes a student bold and prepares them for the different situation and most importantly ragging generates a feeling of unity and oneness. Thus, it should be allow partially with proper guidelines of limitation.
METHODOLOGY:
We used a combination of doctrinal and empirical criteria of legal research with a Statistical legal Research Approach for the purpose of Socio-Legal research. Experimental studies of research design was taken into account where, data are primary in nature, collected in Stratified random Sampling method, having Close ended questionnaire format, tabulated and analyzed using excel.
RESULT:
There are 98% response rate to the questionnaire, ie. 115 final participants for the study and for testing of hypothesis of this research, they are as follows (Table 1):-
· 65% data depict that ragging shouldn't ban totally, it should be allowed partially.
· 76% response that, ragging should be allowed under supervision only.
· 73% data depicts ragging should be allowed for a recommended period, where 78% data state that recommended period should not more than 15 days from the date of joining. And 69% response that ragging should be allowed within campus only.
· 69% data depicts that ragging should include only basic introduction. Where, 83% data depicts that basic introduction helps in building familiarity/ relationship and 77% of data response that basic introduction helps in building confidence.
· 72% data depicts that there should be a uniform statute for ragging to eradicates this practice under the guidelines of UGC.
|
TABLE 1 |
TOTAL |
PERCENTAGE |
Q1 |
From your point of view, do you think ragging should include |
|
|
A |
Basic Introduction |
79 |
68.6 |
B |
Display of hobbies or talent |
30 |
26 |
C |
Personal information / personal favors |
37 |
32.1 |
D |
Mandatory greeting to seniors. |
44 |
38.2 |
Q2 |
Basic introduction |
|
|
A |
Helps in building familiarity / relationship |
83 |
72.1 |
B |
Helps in building confidence |
64 |
55.6 |
C |
Is unwanted/ forceful familiarity |
12 |
10.4 |
D |
Creates a authority by the seniors |
40 |
34.7 |
Q3 |
Display of hobbies or talent |
|
|
A |
Helps in building familiarity/ relationship/over cum personal inhibition |
69 |
60 |
B |
Helps in building confidence |
77 |
66.9 |
C |
Is unwanted/ forceful familiarity |
15 |
13 |
D |
Creates an authority by the seniors |
13 |
11.3 |
Q4 |
From your point of view, ragging should not include |
|
|
A |
Physical Assault |
77 |
66.9 |
B |
Mental harassment |
46 |
40 |
Q5 |
According to you, Ragging should be prohibited |
|
|
A |
On Campus |
79 |
68.9 |
B |
Off Campus |
31 |
26.9 |
C |
Other Public or private places |
21 |
18.2 |
Q6 |
Do you think, ragging should be banned |
|
|
A |
Partially |
65 |
56.5 |
B |
Totally |
46 |
40 |
Q7 |
Do you think, ragging should still be allowed |
|
|
A |
Under supervision |
87 |
75.6 |
B |
Without Supervision |
7 |
6.08 |
Q8 |
Do you think, ragging should be allowed |
|
|
A |
Only for a recommended period |
85 |
73.9 |
B |
Through the entire academic year |
7 |
6.8 |
Q9 |
Duration for the time frame for ragging |
|
|
A |
Upto15days from joining |
78 |
67.8 |
B |
Upto 1 month from joining |
10 |
8.6 |
C |
Upto 2months from joining |
3 |
2.6 |
Q10 |
Whether there should be a uniform statute for Ragging to eradicate this practice. |
|
|
A |
Yes |
72 |
62.6 |
B |
No |
30 |
26 |
C |
Yes but State wise |
8 |
6.9 |
D |
Yes at Central Level |
8 |
6.9 |
Q11 |
Should prescribed rules and regulations of ragging under UGC Norms be treated as a uniform statute for all educational institutions within India? |
|
|
A |
Yes |
63 |
54.7 |
B |
No |
34 |
29.5 |
C |
Only as Guide lines |
19 |
16.5 |
|
|
|
|
DISCUSSION:
It can be seen from the results in Table 1; that, ragging should not be ban totally, even after negative effect of this practice. The reason is mild form of ragging or interaction between new comer and existing students in a way to build character, confidence and healthy relationship. It should be allowed partially within campus only, having proper line of legal limitation. It should not be allowed more than 15 days from the date of joining, and there should be a uniform statute of curbing the menace of ragging in all educational institutions within India according to the prescribe guidelines by the UGC.
CONCLUSION:
The mild form of ragging ie.interaction should be allowed for the growth of confidence and healthy relationship between the students; and thus, it can be stated that ' A ragging colt may make a good horse'. Ragging should be allowed partially only having proper rules and regulation under the guidelines of UGC.
ACKNOWLEDGEMENTS
Author wishes to acknowledge with gratitude and appreciation the authority of ITM University, Raipur for provided adequate sources to carry out Normative legal research.
REFERENCES:
1. Sec 304 of Indian penal Code 1806
2. Report, UGC, Regulation on Curbing the menance of ragging in heigher educational institutions, 2009, F.1-16/2007(CPP-11); Publisghed in the Gazette of India Part III, section-4.
3. Manish Rajkoomar, ' essay on should Ragging be banned?'; published on http://www.publishedyourarticles.net/knowledge-hu/essay/an-essay-en-should-ragging-be-banned/1500/; visited on 22dec'2015 at 10A.M.
4. Manish Rajkoomar, ' essay on should Ragging be banned?'; published on http://www.publishedyourarticles.net/knowledge-hu/essay/an-essay-en-should-ragging-be-banned/1500/; visited on 22dec'2015 at 10A.M.
5. Fresch Proberv, On Ragging, at https:??www.quotesdaddy.com/quotes/1289455/French-proverb/aragged-colt-may-make-a-good-horse; visited on 22dec'2015 at 11A.M.
6. Chopra, 'Ragging in educational Institutes: A Human Rights Perspective', published in http://www.legalserviceindia.com/articles/ragging.htm. visited on 22dec'2015 at 10A.M.
Received on 11.02.2016
Modified on 29.02.2016
Accepted on 17.06.2016
© A&V Publications all right reserved
Research J. Humanities and Social Sciences. 7(3): July - September, 2016, 181-184.
DOI: 10.5958/2321-5828.2016.00029.2