'Strong legal framework' crucial to curb rising ragging cases: Kerala High Court

Kochi: The Kerala High Court on Wednesday emphasised the need for a "strong legal foundation" to address the rising incidents of ragging in the state. It directed the government to form a working group to draft rules for implementing the anti-ragging law.

A special bench comprising Chief Justice Nitin Jamdar and Justice C Jayachandran noted that the Kerala Prohibition of Ragging Act was passed in 1998, yet no rules had been framed in the 27 years since its enactment.

"If the state is serious about implementing the 1998 Act, mere declarations are not enough. A functional working mechanism, typically laid down in rules, must be established. Along with the statute, framing rules is equally important because a law without proper rules cannot be effectively enforced," the court stated.

To ensure the rules are comprehensive, the court directed the government to form a multidisciplinary working group that could invite suggestions from individuals, experts, and non-governmental organisations. The group could also assess whether amendments to the 1998 Act were necessary.

The bench instructed the government to present the proposed composition of the working group at the next hearing on March 19.

Additionally, the court directed the state to submit a counter-affidavit detailing whether District-Level Anti-Ragging Committees, as mandated by the 2009 UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, had been established.

"If such committees have been formed, the relevant orders or government resolutions must be presented. The state should also provide details regarding the role of the District-Level Anti-Ragging Committee and the State-Level Monitoring Cell. Furthermore, if these bodies have been constituted, the state must submit a report on their activities over the past five years. If they have not yet been established, the government must furnish a timeline for their formation," the bench said.

The court warned that if no reasonable timeline was provided, it would set one itself.

The bench also highlighted that the 2009 UGC regulations mandate the formation of anti-ragging committees at institutional and university levels.

The Secretary of the Higher Education Department was directed to gather information from universities in Kerala regarding the formation of such committees. Similarly, universities must collect details from their affiliated institutions.

All relevant information must be presented to the court at the next hearing.

The court's observations and directives came while hearing a petition filed by the Kerala State Legal Services Authority (KeLSA), which sought the effective implementation of anti-ragging laws and the establishment of a monitoring mechanism.

The court also issued notices to the state government and its concerned departments, including Higher Education, Women and Child Development, the State Police Chief, the Bar Council of Kerala, and the Kerala State Commission for Protection of Child Rights, summoning them for the next hearing on March 19. Additionally, the University Grants Commission (UGC) was made a party in the case.

On Tuesday, the High Court had constituted the special bench to hear KeLSA’s plea, which argued that ragging remains a deeply entrenched social menace in educational institutions, causing severe psychological, emotional, and even physical harm to students.

"Addressing this issue requires a well-structured legal and monitoring framework that ensures strict adherence to anti-ragging laws while providing victims with immediate support and redressal mechanisms," KeLSA stated in its petition.

Citing recent ragging incidents in a government nursing college in Kottayam, a government college in Karyavattom, Thiruvananthapuram, and a private institute in Kozhikode, KeLSA attributed such occurrences to ineffective enforcement of existing anti-ragging laws.

It argued that the issue could only be tackled through a robust monitoring system at both the state and district levels. KeLSA proposed the establishment of State-Level and District-Level Monitoring Committees to oversee the implementation of anti-ragging guidelines, regulations, and judicial directives, ensuring strict compliance by educational institutions.