Gujarat Government To Punish Victims For Not Reporting Ragging : State Informs High Court

In a bid to tackle the issue of ragging in higher educational institutions, the Gujarat government has implemented a series of stringent measures aimed at curbing this menace. The state government submitted the ‘Government Resolution’ (GR) before the Gujarat High Court, highlighting that perpetrators, abettors, witnesses, and victims who fail to report incidents are all liable to face consequences.

The state government presented its resolution to address the grave concerns surrounding ragging incidents before a division bench of the Gujarat High Court comprising the Chief Justice Sunita Agarwal and Justice Aniruddha Mayee.

A suo motu Public Interest Litigation (PIL) was initiated by the court following a newspaper report highlighting the incident of ragging at BJ Medical College in Ahmedabad last year. This incident served as a catalyst for the government to take proactive measures to prevent similar occurrences in the future. During the proceedings the court had asked the state authorities to inform the court about steps taken to contain and prevent ragging incidents in schools and colleges.

The GR, as submitted before the court, stresses the importance of collective responsibility in combating ragging. Not only are perpetrators and abettors subject to punishment, but witnesses and victims who fail to report such incidents are also liable to face consequences. “Freshers who do not report incidents of ragging either as victims or witnesses shall also be punished suitably,” the GR states. This provision aims to encourage a culture of reporting and accountability among students and faculty alike.

However, the burden of proof lies on the perpetrator and not the victim.

Furthermore, it emphasises the severity of punishments for those involved in ragging incidents. Ranging from suspension to expulsion and even a five-year ban from admission to any educational institution.

Further, educational institutions are also required to file FIRs for cases of ragging, if necessary. In addition to suspension, Perpetrators will face other severe penalties as well, such as withdrawal of scholarships, debarment from exams, expulsion from hostels, and imprisonment for up to two years. Collective punishment will also be enforced if perpetrators are not identified.

In addition to punitive measures, the GR emphasises the importance of preventive strategies such as psychological counselling, awareness campaigns, and inclusion of anti-ragging topics in teacher training programs. These initiatives aim to foster a supportive environment that values empathy and mutual respect among students and faculty.

During the court proceedings, Advocate General Kamal Trivedi spoke of the government's commitment to combatting ragging in all its forms. He highlighted the formation of anti-ragging committees at various levels, as mandated by the GR, and the government's intention to align its regulations with those of national bodies such as the University Grants Commission (UGC) and the All India Council for Technical Education (AICTE).

Trivedi also provided insight into the specific actions taken by the government to address ragging in medical colleges. A separate GR, based on regulations from the Medical Council of India, is set to be issued shortly, further underscoring the government's sector-specific approach to tackling the issue.

The court proceedings also referenced recommendations made by the Gujarat State Law Commission (GSLC) to enact legislation aimed at curbing ragging. These recommendations, coupled with the proactive measures taken by the government, highlight a multi-faceted approach to addressing the root causes of ragging and promoting a culture of respect and tolerance in educational settings.

The resolution also addresses practical aspects of ragging prevention, such as regulating access to mobile phones on campuses and ensuring the registration of privately managed lodges and hostels with local authorities. By involving various stakeholders, including parents, faculty members, and students, the government seeks to create a collaborative framework for tackling ragging effectively.

The matter has been listed for April 8, 2024 for further hearing.

 

Cause Tilte: Suo Moto vs State of Gujarat [Writ Petition (PIL) No. 1 of 2023]