K.G. Balakrishnan ORDER
Dr. A.S. Anand, C.J.I., R.C. Lahoti and K.G. Balakrishnan, JJ.
1. Pursuant to our order dated 3.3.2001, the University Grants Commission has filed written submissions/guidelines. An advance copy has already been supplied to the learned Counsel opposite.
2. This public interest litigation highlights a menace pervading the educational institutions of the country which in spite of efforts made by the Central Government, the University Grants Commission, State Governments and some of the educational institutions is unfortunately showing an upwards trend. The Petitioner seeks directions of this Court so as to curb the menace of ragging.
3. The pleadings are complete. Inasmuch as the petition involves dealing with an issue which is likely to affect a large number of students and relationship of the students inter se belonging to different age-groups and coming from different social and cultural background as also the relationship of the students with the institution, the petition needs a detailed hearing. The issues arising for decision cannot be dealt with through a legalistic approach only; sociological and psychological factors shall have to be kept in view. However, all the learned Counsel appearing in the case have submitted that the Court is shortly closing for summer vacation and by the time it reopens most of the educational institutions may have become functional and therefore, it would be in public interest if some guidelines by way of an interim order are laid down by this Court. Accordingly, we have heard the learned Counsel for the parties.
4. In exercise of the jurisdiction conferred by Article 32 and Article 142 of the Constitution, we issue the following guidelines:
(i) 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. Some of the States have acted by enacting legislations and making ragging as defined therein a cognizable and punishable offence. However, we feel ragging cannot be cured merely by making it a cognizable, criminal offence. Moreover, we feel that the acts of indiscipline and misbehaviour on the part of the students must primarily be dealt with within the 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 not ordinarily be subjected to police action unless it be 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 emphasising the same.
(ii) Broadly speaking, 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 any other student, indulging in rowdy or indisciplined activities which causes or is likely to cause annoyance, hardship or psychological harm or to raise fear or apprehension thereof in a fr........