CAN RAGGING IN HIGHER EDUCATION INSTITUTES IN SRI

LANKA BE ERADICATED ONLY BY LEGISLATIVE REFORMS; A

COMPARATIVE ANALYSIS WITH INDIA.
Keshini Hettiarachchi

L.L.B (Hons) (University Of Colombo), Attorney- at - Law Supreme Court of Sri Lanka

ABSTRACT

Ragging means a traditional and systematical human rights abuse practiced by seniors
upon juniors. Forms of ragging may vary from a healthy and mild Interaction to a severe
physical and traumatic mental abuse leading victims to death. Though it was commenced
in Greece before AD later practiced all around the world but is now confined mainly to
South-Asia like Sri Lanka, India, Pakistan and Bangladesh and Sri Lanka being the worst
affected. In Europe ragging is used in different meanings like hazing, bullying etc.

This article would be discussing mainly on how this menace can be uprooted from the
society in Sri Lanka by legislative measures and also by social engineering due to even
having an anti-ragging act still brutal incidents happen in Sri Lankan state universities.
At the same time the article will also make a comparative analysis of the several anti-
ragging measures taken by India.

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“Ragging should be declared a public health problem because it involves the physical,
mental and social exploitation of not only an individual but also of his/her family and
the society as a whole”.1

Ragging means a traditional and systematical human rights abuse practiced by seniors
upon juniors. Forms of ragging may vary from a healthy and mild Interaction to a severe
physical and traumatic mental abuse leading victims to death. Though it was commenced
in Greece before AD2 later practiced all around the world but is now confined mainly to
South-Asia like Sri Lanka, India, Pakistan and Bangladesh and SL being the worst
affected.3 In Europe ragging is used in different meanings like hazing, bullying etc.4

This article would be discussing mainly on how this menace can be uprooted from the
society in Sri Lanka by legislative measures and also by social engineering due to even
having an anti-ragging act still brutal incidents happen in Sri Lankan state universities.
At the same time the article will also make a comparative analysis of the several
successful anti-ragging measures taken by India.

Brutal ragging incidents took place in Sri Lanka before implementing the anti- ragging
act

• In 1975, a 22-year-old female student of the Faculty of Agriculture, University of

Peradeniya, Rupa Rathnaseeli, was left paralyzed as a result of jumping from the
second floor of the Ramanathan Hall hostel to escape the physical ragging
carried out by her seniors. She committed suicide in 2002. 5
• In 1997, 21-year-old S. Varapragash, an Engineering student of the University of
Peradeniya, died from a kidney failure following severe ragging by senior
students.6
• A first year female student of University of Ruhuna committed suicide in 1997 as a
result of ragging.7
• In 1997, Kelum Thushara Wijetunge, a first-year student at the Hardy Technical
institute in Ampara, died from kidney failure after he was forced to do tough
exercises and drink excessive quantities of liquor.8

After the series of ragging-related incidents in 1997, Prohibition of Ragging and Other
Forms of Violence in Educational Institutions Act, No. 20 of 1998 was passed
unanimously by the Sri Lanka parliament. 9

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  As specified in the detailed note of the Act, it is identified as an Act to eliminate
ragging and other forms of violent and cruel inhuman and degrading treatment
from educational institutions.
 In terms of the Act, ragging means „any act which causes or is likely to cause
physical or psychological injury or mental pain or fear to a student or a member
of the staff of an educational institution‟.

In comparison with India, Indian UGC has made few amendments to the Regulation (19)
as per these; the definition of Ragging is updated as:

"Any act of physical or mental abuse (including bullying and exclusion) targeted at
another student (fresher or otherwise) on the ground of color, race, religion, caste,
ethnicity, gender (including transgender), sexual orientation, appearance, nationality,
regional origins, linguistic identity, place of birth, place of residence or economic
background”

It is clear that the Indian definition is apparently broader than Sri Lankan act.

Provisions of the Sri Lankan Act are as follows:

 Any person who commits or participates in ragging within or outside the

Educational Institution, shall be guilty of an offence under this Act and on
conviction after summary trial be liable for a term not exceeding two years.
 The victim shall be paid a compensation of an amount determined by court in
respect of the injuries caused to such person.
 If a sexual harassment or grievous hurt is caused whilst committing ragging
the person is liable to imprisonment for a term not exceeding 10 years on
conviction after a summary trial.

FR proceedings

The human rights of citizens of Sri Lanka are protected in terms of the Constitution of the
Democratic Socialist Republic of Sri Lanka which is the supreme law in the country.
According to this Constitution, any citizen can file a petition to the Supreme Court in
terms of article 126 of the Constitution in case of a fundamental right violation or a case
closer to the infringement. The Constitution further highlights ruthless, brutal or
contemptuous treatment to any party by another as a violation of fundamental rights.

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Unfortunately Sri Lankan constitution does not confer “right to life” like India and also
article 126 is confined only to infringements done by executive or administrative actions
only. Otherwise, University students as citizens of Sri Lanka and can be subjected to the
Common Law that prevails in the country.

Accordingly, Any form of civil or criminal offence executed by them are liable to be
punished and in an instance of violation of such rights committed by university students,
they shall be produced before the relevant Court and subject to suitable punishment
followed by trial.

By these steps it is apt to say that the legislators whole intent was to eliminate ragging
from universities but,

 In 2002, Samantha Vithanage, a third year Management student at the

University of Sri Jayewardenepura, who pioneered an anti-ragging campaign,
was killed while at a ragging-related meeting.
 In 2011, a female student attached to the Faculty of Humanities and Social
Sciences, University of Ruhuna, was semi-paralysed in one limb as a result of
ragging.

Recent incident

 In 2017, Fifteen second-year students attached to the Agriculture Faculty of

the Peradeniya University were arrested for taking a group of first year
students to a house in Megodakalugamuwa to be ragged. Eight first-year
students were hospitalized as a result of the ragging.10

It is clear to all that Ragging is still a strong practice and students acting like
professional criminals recently in university of Peradeniya agriculture faculty students
treated their juniors in a brutal manner at these government educational institutions,
despite the Act No.20 of 1998 with an objective to ban Ragging is implemented. This is
where people have to start thinking about the failure of Law. There is a Law against
ragging but ragging is still in practice; it shows that a Law doesn‟t change the society
in a whole, this causes disbelief and unfaith in Laws.

Hence, should the culprits be charged under attempted murder or under the ragging
act? Or do they have immunity under the tag „university student‟?

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Mathuranga Kalugampitiya a lecturer at the Arts Faculty of the Peradeniya University in
his article on ragging “Who will guard the guard?” published in the Sunday Observer
states „a person should get the right to education, but a university student isn‟t a minor.
He is generally mature enough to take decisions by himself and if he involves in any sort
of illegal activity there should not be given any consideration about his studentship, he
can be prosecuted under the penal code. In fact I personally feel that this is more just &
equal than prosecuting under the Anti-ragging act.”11

Under these circumstances it is apt to study the law prevailing in our neighboring
jurisdiction India to implement a ragging free atmosphere in Sri Lankan state
universities.

ANTI- RAGGING LAWS IN INDIA

In 1997, the state of Tamil Nadu first passed laws related to ragging. In 2006, the
Honorable Apex Court directed The Ministry of Human Resources Development (MHRD)
to form a panel which will suggest guidelines to control ragging. The panel was headed
by the former director of C.B.I. Dr. R.K.Raghavan.12

The said Report of Dr.R.K. Raghavan committee includes a proposal to include ragging
as a special section under Indian Penal Code.Based on the recommendations of Dr
R.K.Raghavan Committee Supreme Court of India makes it obligatory for academic
institutions to file official F.I.R with the police in any instance of a complaint of ragging.
This would ensure that all cases would be formally investigated under criminal justice
system, and not by the academic institutions own ad-hoc bodies.

In addition a major rise to anti-ragging efforts in India was given by a landmark

judgment of the Supreme Court of India in Vishwa Jagriti Mission's case.13

'' Vishwa Jagriti Mission Through President Vs. Central Govt. Through Cabinet Secy.
& Others. The Honorable Supreme Court of India issued the following guidelines:-

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. 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

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Institution and by exercise of the disciplinary authority of the teachers over the students
and of the management of the institutions over the teachers and students. Students ought
to not ordinarily be subjected to police action unless it is unavoidable. The students
going to educational institutions for learning should not remain under constant fear 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 emphasizing the same….14

The apex Court in India clearly states that ragging cannot be cleared by implementing a
criminal justice system. It has to be eliminated by each and every university by
autonomous regulations as well as by social awareness campaigns that can affect the
culprits to re think that ragging is only an act that done by psychologically affected
people.

PSYCHOLOGY BEHIND RAGGING

Myths & Facts

Myth is that, Ragging makes a student bold and prepares us for the difficult
circumstances in Life. It makes us strong but the actual fact boldness as instilled by
ragging is a weak acceptance of fate by victims. It teaches us how to be exploited and
mutely, non-resistively accept it.15

Sociological background

Discrimination based on caste, region, language, class etc. plays a vital role in
influencing it. Students consider ragging as an old ritual having social acceptance.16

The vicious circle

Students believe that they were ragged so they have the right to rag their juniors and
believe that it is the only way by which seniors and freshers can interact. Despite deaths
and suicides occurred none of the students responsible were offered with sufficient
punishment, which has given more guts to other students who engage in ragging.17

All these facts hamper in establishing a public opinion against ragging. By all these it is
better to handle these students with alternative dispute resolutions than penalizing and
labeling them as criminals where eligible social engineering measures have to be taken.

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POSSIBLE SOLUTIONS FOR SRI LANKA

 Unlike in India, there is no official anti-ragging movement in Sri Lanka. Ragging

can, be stopped by creating awareness amongst the students, teachers and parents
that ragging is a reprehensible act which does no good to anyone.
 A proposal to include ragging as a special section under SRI LANKAN PENAL
CODE like it was made by the report Based on the recommendations of Dr R.K.
Raghavan Committee in India.
 Making it obligatory for academic institutions to file official First Information
Reports with the police in any instance of a complaint of ragging. This would
ensure that all cases would be formally investigated under criminal justice system,
and not by the academic institutions own ad-hoc bodies.
 To establish an anti-ragging helpline like Indian National Anti-Ragging Helpline
to help students in distress due to ragging. It consists of an email id and a 24-hour
toll-free number.
 The form 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 from the institution, suspension from
classes for a limited period or fine with a public apology.
 The management, the principal, the teaching staff should interact with freshers
and take them in confidence by apprising them of their rights as well as obligation
to fight against ragging and to generate confidence in their mind. It would be
better if the head of the institution or a person high in authority addresses
meetings of teachers, parents and students collectively or in groups in this behalf.
 strict pre-emptive measures, as like lodging freshers in a separate hostel, surprise
raids especially at nights by the anti-ragging squad and submission of affidavits
by all senior students and their parents taking oath not to indulge in ragging
 The local community and the students in particular must be made aware of
dehumanizing 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 part of the management, the
principal and the persons in authority of the institution. Similar responsibility
shall be liable to be fixed on hostel wardens/superintendent.

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  Migration certificate issued by the institution should have an entry apart from
that of general conduct and behavior whether the student had participated in 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. University may consider disaffiliating a college or institution failing to
curb ragging.

CONCLUSION

Honorable Indian apex court stated that Ragging cannot be cured merely by making it a
cognizable criminal offence. It is crystal clear that ragging is a criminal problem which
has psychological roots and a social ignorance around it and also that a top-down law
enforcement approach may not be adequate to solve it. Moreover, ragging does not have
a quick-fix solution. We must understand that unless the society condemns it, ragging
cannot be eliminated. We require a focused and concentrated effort to educate the masses
in Sri Lanka in order to curb this social menace.

Otherwise, culprits charged under Anti-Ragging act or penal code will be only a „black
letter law‟ and will not achieve its‟ objective of eradicating the inhuman act of Ragging
from the Educational Institutions of this country unless, Social engineering process is apt
to emerge to curb this menace and the right to be educated without fear.

End Notes
1
Ragging: A public health problem in India. Available from:
https://www.researchgate.net/publication/26671360_Ragging_A_public_health_problem_
in_India [accessed May 18, 2017].
2
Ibid.
3
Ragging in Universities and the Prohibition of Ragging and Other Forms of Violence in
Educational Institutions Act, No.20 of 1998 Posted by nkashokbharan on May 5, 2010
4
Murphy, Martin. "Independent investigation report - Sexual Abuse at St. George's
School and the School's Response: 1970 to 2015".Report of Independent Investigator
Martin F. Murphy, Foley Hoag LLP. Retrieved 9 November 2016.

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5
Death By Ragging How many more deaths will it take before ragging is rooted out from
the university system?by Ashanthi Warunasuirya,the Sunday leader,Thursday may
18,2017.
6
ibid
7
ibid
8
ibid
9
Prohibition Of Ragging And Other Forms Of Violence In Educational Institutions Act,
No.20 Of 1998.‟ Gazette of the Democratic Socialist Republic of Sri Lanka, 30 Apr 1998.
10
Fifteen Peradeniya University students arrested for ragging, Monday, February 20,
daily news.lk
11
Kalugampitiya, Mathuranga. „Who Will Guard the Guards?, Sunday Observer, 4 Oct
2009, Page 20.
12
"Raghavan Committee Recommendation Report" (PDF). Human Resource
Development Ministry, Government of India.
13
Vishwa Jagriti Mission Through President Versus Central Govt. Through Cabinet Secy.
&Ors, Writ Petition (Civil) No 656 Of 1998.
14
ibid
15
Psychology Behind Ragging © Harsh Agarwal, 2010 Paper presented at the seminar
“Legal Awareness Programme on Anti-Ragging” in the session “Understanding
Psychology Behind Ragging” chaired by the acting Chief Justice of Delhi High Court,
organised by the Delhi Legal Services Authority (DLSA), in the Vallabhbhai Patel Chest
Institute (VPCI) Auditorium, New Delhi, India, 20th March 2010
16
ibid
17
Harsh Agarwal; et al. (16 May 2007). "Ragging in India: Incidents, Social Perceptions
and Psychological Perspectives" (PDF).

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