Kerala High Court Stresses Need for Robust Legal Framework to Tackle Increasing Ragging Incidents

The Kerala High Court, on Wednesday, underscored the urgent need for a robust legal framework to effectively combat the rising incidents of ragging within the state. During a special session, Chief Justice Nitin Jamdar and Justice C Jayachandran directed the state government to establish a working group tasked with drafting operational rules for the anti-ragging law enacted in 1998.

Despite the Kerala Prohibition of Ragging Act being in place for over two decades, the court noted with concern that no specific rules had been formulated to enforce the law. “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,” the justices stated, emphasizing the necessity of rules for effective law enforcement.

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The court instructed the government to form a multidisciplinary working group that would include individuals, experts, and non-governmental organizations to ensure the rules are comprehensive and consider potential amendments to the 1998 Act. The proposed composition of this group is to be presented at the next court hearing scheduled for March 19.

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Additionally, the High Court directed the state to verify the establishment of District-Level Anti-Ragging Committees, as mandated by the 2009 UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions. The state is required to submit a counter-affidavit detailing the existence and activities of these committees, as well as the State-Level Monitoring Cell. If these bodies are not yet established, a timeline for their formation must be provided, failing which the court will set one.

The hearing stemmed from a petition filed by the Kerala State Legal Services Authority (KeLSA), which pointed to several recent incidents of ragging that illustrate the ongoing issue in educational institutions across Kerala. KeLSA’s plea emphasized the need for a well-structured legal and monitoring framework to ensure strict adherence to anti-ragging laws and provide support and redressal mechanisms to victims.

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The High Court also issued notices to various state 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. The University Grants Commission (UGC) was also made a party in the case.

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