Anti Ragging Committee

Anti-Ragging Policy

Ragging is totally prohibited in HBT Medical College, and anyone found guilty of ragging and/or abetting ragging, whether actively or passively, or being a part of a conspiracy to promote ragging, is liable to be punished in accordance with the Maharashtra Anti-Ragging Act, as well as under the provisions of any penal law for the time being in force.

What is Ragging?

“Ragging in essence is a human right abuse…….in present times shocking incidents of ragging have come to the notice …..The student is physically tortured or psychologically terrorized….”

Supreme Court of India (Feb. 11, 2009)

Ragging constitutes one or more of any of the following acts:

1. Any conduct by any student or students, whether by words spoken or written or by an act, which has the effect of teasing, treating or handling with rudeness a fresher or any other student.
2. Indulging in rowdy or undisciplined activities by any student or students which causes or is likely to cause annoyance, hardship, physical or psychological harm or to raise fear or apprehension thereof in any fresher or any other student.
3. Asking any student to do any act which such student will not in the ordinary course do and which has the effect of causing or generating a sense of shame, torment or embarrassment so as to adversely affect the physique or psyche of such fresher or any other student.
4. Any act by a senior student that prevents, disrupts or disturbs the regular academic activity of any other student or a fresher.
5. Exploiting the services of a fresher or any other student for completing academic tasks assigned to an individual or a group of students.
6. Any act of financial extortion or forceful expenditure burden put on a fresher or any other student by students.
7. Any act of physical abuse including all variants of it: sexual abuse, homosexual assaults, stripping, forcing obscene and lewd acts, gestures, causing bodily harm or any other danger to health or person.
8. Any act or abuse by spoken words, emails, post or public insults, which would also include deriving perverted pleasure, vicarious or sadistic thrill from actively or passively participating in the discomfiture of a fresher or any other student.
9. Any act that affects the mental health and self-confidence of a fresher or any other student, with or without an intent to derive sadistic pleasure or showing off power, authority or superiority by a student over any fresher or any other student.
10. Any act of physical or mental abuse targeted at another student on grounds of colour, race, religion, caste, ethnicity, gender, sexual orientation, appearance, regional origins, linguistic identity, place of birth/residence, or economic background.

Punishable Ingredients of Ragging

1. Abetment to ragging.
2. Criminal conspiracy to rag.
3. Unlawful assembly and rioting while ragging.
4. Violation of decency and morals through ragging.
5. Injury to body causing hurt or grievous hurt.
6. Wrongful restraint.
7. Wrongful confinement.
8. Use of criminal force.
9. Extortion.
10. Assault / sexual offences / unnatural offences.
11. Criminal intimidation.
12. Offences against property.
13. Attempt to commit any of the above offences.
14. Any offence flowing from the definition of ragging.

Punishments under Indian Penal Code Against Acts of Ragging

Every single incident of ragging or abetting in ragging puts an obligation on the institution to get the FIR registered. There are provisions in the IPC which can be used by a student to register an FIR in the nearest Police Station.

Relevant IPC Provisions:

1. Section 294 – Obscene acts and songs.
2. Section 323 – Punishment for voluntarily causing hurt.
3. Section 324 – Voluntarily causing hurt by dangerous weapon or means.
4. Section 325 – Punishment for voluntarily causing grievous hurt.
5. Section 326 – Voluntarily causing grievous hurt by dangerous weapon.
6. Section 339 – Wrongful Restraint.
7. Section 340 – Wrongful Confinement.
8. Section 341 – Punishment for Wrongful Restraint.
9. Section 342 – Punishment for Wrongful Confinement.
10. Section 506 – Punishment for culpable homicide not amounting to murder.

Administrative Action in the Event of Ragging

1. Suspension from attending classes and academic privileges.
2. Withholding or withdrawing scholarship, fellowship and other benefits.
3. Debarring from appearing in any test, examination or other evaluation process.
4. Withholding results.
5. Debarring from representing the institution in any regional, national or international meet, tournament, youth festival, etc.
6. Suspension or expulsion from the hostel.
7. Cancellation of admission.
8. Rustication from the institution for a period ranging from one to four semesters.
9. Expulsion from the institution and consequent debarring from admission to any other institution for a specified period.
10. Fine up to Rs. 25,000/-.
11. Imprisonment – six months to three years.
12. Where the persons committing or abetting the act of ragging are not identified, the institution shall resort to collective punishment.

How to Report Ragging

1. The UGC has installed a National Anti-Ragging Helpline: 1800-180-5522 (24×7 Toll-Free).
2. Email: [email protected]
3. Ragging can be reported through the contact details of ARC members.
4. It can be reported to any other member of the institute (HOU, colleagues, etc.).
5. It can be reported through external sources such as family members or friends.

Procedure for Handling Complaints

1. Inform the Chairperson within 2 hours of receipt of the complaint.
2. ARC will conduct a preliminary on-the-spot enquiry, collect the details and submit the preliminary report to the Chairperson within 24 hours.
3. ARC will conduct a detailed enquiry, gather evidence and submit its report along with recommendations to the Chairperson within 15 days.
4. The Chairperson will take action as per the recommendations.
5. If the victim student or parent is not satisfied with the action taken by the committee, an FIR should be filed with the local police.

Higher and Technical Education Department

Mantralaya Annex, Mumbai – 400 032
Dated: 19th May 1999

Notification

Maharashtra Prohibition of Ragging Act, 1999

In exercise of the powers conferred by sub-section (2) of section 1 of the Maharashtra Prohibition of Ragging Act, 1999 (Mah. XXXIII of 1999), the Government of Maharashtra hereby appoints the 1st day of June 1999 to be the date on which the said Act shall come into force.

By order and in the name of the Governor of Maharashtra,

V. P. Raja
Secretary to Government

In pursuance of clause (3) of Article 348 of the Constitution of India, the following translation in English of the Maharashtra Prohibition of Ragging Act, 1999 (Mah. XXXIII of 1999), is hereby published under the authority of the Governor.

By order and in the name of the Governor of Maharashtra,

Pratima Umarji
Secretary to Government,
Law and Judiciary Department

Maharashtra Act No. XXXIII of 1999

First published, after having received the assent of the Governor, in the “Maharashtra Government Gazette” on 15th May 1999.

An Act to Prohibit Ragging in Educational Institutions in the State of Maharashtra

WHEREAS it is expedient to enact a special law to prohibit ragging in educational institutions in the State of Maharashtra;

It is hereby enacted in the Fiftieth Year of the Republic of India as follows:

1. Short Title and Commencement

1. This Act may be called the Maharashtra Prohibition of Ragging Act, 1999.
2. It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.

2. Definitions

In this Act, unless the context otherwise requires:

1. “Educational Institution” means and includes a college, or other institution by whatever name called, carrying on the activity or imparting education therein, either exclusively or among other activities; and includes an orphanage or a boarding home or hostel or a tutorial institution or any other premises attached thereto.
2. “Head of the Educational Institution” means the Vice-Chancellor of the University, Dean of Medical Faculty, Director of the Institution or the Principal, Headmaster or the person responsible for the management of the educational institution.
3. “Ragging” means display of disorderly conduct, doing of any act which causes or is likely to cause physical or psychological harm or raise apprehension or fear or shame or embarrassment to a student in any educational institution and includes:
   1. Teasing, abusing, threatening or playing practical jokes on, or causing hurt to, such student; or
   2. Asking a student to do any act or perform something which such student will not, in the ordinary course, willingly do.

3. Prohibition of Ragging

Ragging within or outside of any educational institution is prohibited.

4. Penalty for Ragging

Whoever directly or indirectly commits, participates in, abets or propagates ragging within or outside any educational institution shall, on conviction, be punished with imprisonment for a term which may extend to two years and shall also be liable to a fine which may extend to ten thousand rupees.

5. Dismissal of Student

Any student convicted of an offence under section 4 shall be dismissed from the educational institution and such student shall not be admitted in any other educational institution for a period of five years from the date of order of such dismissal.

6. Suspension of Student

1. Whenever any student or, as the case may be, the parent or guardian, or a teacher of an educational institution complains, in writing, of ragging to the head of the educational institution, the head of that educational institution shall, without prejudice to the foregoing provisions, within seven days of the receipt of the complaint, enquire into the matter mentioned in the complaint.

   If, prima facie, it is found true, the head of the educational institution shall suspend the student who is accused of the offence and shall immediately forward the complaint to the police station having jurisdiction over the area in which the educational institution is situated for further action.

2. Where, on enquiry by the head of the educational institution, it is proved that there is no substance, prima facie, in the complaint received under sub-section (1), the head shall intimate the fact, in writing, to the complainant.
3. The decision of the head of the educational institution that the student has indulged in ragging under sub-section (1) shall be final.

7. Deemed Abetment

If the head of the educational institution fails or neglects to take action in the manner specified in section 6 when a complaint of ragging is made, such person shall be deemed to have abetted the offence of ragging and shall, on conviction, be punished as provided for in section 4.

8. Power to Make Rules

1. The State Government may, by notification in the Official Gazette, make rules for carrying out all or any of the purposes of this Act.
2. Every rule made under this Act shall be laid, as soon as may be after it is made, before each House of the State Legislature while it is in session for a total period of thirty days, which may be comprised in one session or in two or more successive sessions.
3. If, before the expiry of the session in which it is so laid or the session immediately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, and notify such decision in the Official Gazette, the rule shall, from the date of publication of such notification, have effect only in such modified form or be of no effect, as the case may be.
4. Any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.