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Authored by - Diprava Ghosh (Intern at Legal Soch Foundation)
The state must approach every occurrence of ragging as a failure on the part of the educational institution rather than treating young students as criminals, according to the court. The Gujarat High Court has ordered the state government to send an announcement to colleges and universities warning them that they may face legal action if they do not address campus ragging. The court additionally suggested that anonymous students use complaint boxes to report ragging instances. The state government’s policies, which include penalty provisions for students, structures, and department heads, were upheld by the court. The court emphasised the restrictions’ comprehensiveness.
KEYWORDS - GUJRAT HIGH COURT, ANTI-RAGING, CHIEF JUSTICE SUNITA AGARWAL, JUSTICE ANIRUDDHA MAYEE, PUBLIC INTEREST LITIGATION
The Gujarat High Court ruled on Tuesday, October 10, that anti-ragging legislation is comprehensive and deterrent and that all that remains is for the state government and educational institutions to properly enforce it [Suo Motu PIL vs. State of Gujarat]. Instead of treating young students as criminals, a division bench of Chief Justice Sunita Agarwal and Justice Aniruddha Mayee underlined that every occurrence of ragging must be considered negligence on the part of the educational institution.
The Court stated that these institutions must be held accountable since they cannot close their eyes. "More important is student sensitization. "We will be dealing with students ranging in age from 18 to 20 years. We can't turn them into criminals. It is our responsibility to ensure that students do not engage in such acts, and educational institutions are obligated to do so," the Chief Justice added. The bench stated that anti-ragging rules were sufficiently deterrent and broad to address the matter. "The legislation is both deterrent and comprehensive."
The only need is that it be scrupulously followed. Even the government should send a message to all educational institutions to properly enforce the regulations. Simply issue a decent circular with lovely wording emphasising that if there is any incident, you will act against the university's highest authorities," the judges advised. The bench was hearing a suo motu Public Interest Litigation (PIL) exposing ragging incidences in the state's educational institutions. It was highlighted that the University Grants Commission (UGC) guidelines for dealing with ragging occurrences and avoiding them were comprehensive and mandatory for all universities in the state.
According to the laws, the state's education administration must advise all institutions to guarantee that the rules are followed in letter and spirit. "All that is required is a communication from the department that these regulations must be displayed on the university website and campus." Aside from that, anti-ragging campaigns are required. The bench emphasised the importance of a complaint box for pupils who do not want their identities revealed. The case will be heard again on October 26.
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