Ragging in high/higher/secondary schools
Querist :
Anonymous
(Querist) 24 November 2011
This query is : Resolved
Ragging can happen not only in Colleges and higher/technical institutes but also in high/higher secondary schools up to Class/Standard X/XII. What are the laws/court orders or directions available for curbing ragging in such lower institutes/schools?
Devajyoti Barman
(Expert) 24 November 2011
As per the order of the supreme court almost in every states there is a grievance cell where one can lodge complaint with the authority about the alleged ragging without disclosing the identity of the informant or complainant.
Rajeev Kumar
(Expert) 24 November 2011
Mr. Barman is right and i do agree
Sailesh Kumar Shah
(Expert) 24 November 2011
In MAHARASHTRA, There is Special Law about it:-
THE RULES OF PROHIBITING RAGGING
HIGHER AND TECHNICAL EDUCATION DEPARTMENT Mantralaya Annex, Mumbai 400 032, dated the 19th May 1999 NOTIFICATION MAHARASHTRA PROHIBITION OF RAGGING ACT, 1999.
section {2} of section 1 of the Maharashtra Prohibition of Ragging act, 1999 {Man. XXXIII of 1999), the Government of Maharashtra hereby appoints the 1 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,PRATIMAUMARJI,Secretary to Government,Law and Judiciary Department.
MAHARAHSTRA ACT NO. No. XXXIII OF 1999. (First published, after having received the assent of the Governor in the "Maharashtra Government Gazette", on the 15 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 ofthe Republic of India as follows:
(1) Short title and commencement
• This Act may be called the Maharashtra Prohibition of Ragging Act, 1999.
• It shall come into force on such date as the State Government may, by notification in the Official Gazette, appoint.
2) Definitons
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 psychological harm or raise apprehension or fear or shame or embarrassment to a student in any educational institution and includes (i) teasing, abusing, threatening or playing practical jokes on, or causing hurt to, such student; or (ii) 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 education 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(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 and if; prima facie, it is found true, 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 flirter 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), he 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 arid shall, on conviction, be punished as provided for in section 4. Power to make rules
(8) (1) The State Government may, by notification in the Official G, zette, amend 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 total period of thirty days, which may be comprised in one session or in two or more successive sessions, arid 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 rules or both Houses agree that the rule should not be made, and notif- 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; so however, that any such modification or annulment shall be without prejudice to the validity of anything previously done or omitted to be done under that rule.
Shonee Kapoor
(Expert) 25 November 2011
rightly stated and advised.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 25 November 2011
Is there any Grievance Cell or Committee or special law in the State of Uttarakhand? Who may be approached in case of ragging in High/Higher Secondary School in that State?
