REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO. 887 OF 2009

University of Kerala …Appellant

Versus

Council, Principals’ Colleges, Kerala and Ors. …Respondents

J U D G M E N T

Dr. ARIJIT PASAYAT, J.

1. Directions have been given from time to time to see that the ugly scar  

of ragging is obliterated from the face of educational institutions.  Mr. Gopal  

Subramaniam, learned amicus curiae, Mr. P.P. Rao, Mr. Altaf Ahmed and  

others  appearing  in  the  matters  have  given  suggestions  which  we  have  

considered.  Keeping in  mind the recent  incidents  of  ragging which have  

surfaced,  and  which  have  been  dealt  with  by  this  Court,  it  becomes  

necessary  that  the  following  recommendations  made  by  the  Raghavan  

Committee be implemented immediately, namely:

(i) Recommendation No. 5.14: "We also recommend that every  

institution should engage or seek the assistance of professional  

counselors  at  the  time of  admissions  to  counsel  `freshers'  in  

order  to  prepare  them  for  the  life  ahead,  particularly  for  

adjusting to the life in hostels...";

(ii)  Recommendation  No.  5.16: "We recommend that  on the  

arrival of senior students after the first week or after the second  

week as the case may be, further orientation programmes must  

be scheduled as follows (i) joint sensitization programme and  

counseling  of  both  'freshers'  and  senior  by  a   Professional  

counselor;  (ii)  joint  orientation  programme  of  'freshers'  and  

seniors to be addressed by the principal/Head of the institution,  

and the anti -ragging committee ; (iii) organization on a large  

scale  of  cultural,  sports  and  other  activities  to  provide  a  

platform for the 'freshers' and seniors to interact in the presence  

of  faculty  members  ;  (iv)  in  the  hostel,  the  warden  should  

address all students; may request two junior colleagues from the  

college faculty to assist the warden by becoming resident tutors  

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for  a  temporary  duration;  and  ,  the  UGC and  other  funding  

bodies  should  provide  financial  grants  for  meeting  the  

expenditure on resident tutors (v) it is strongly recommended  

that  as far as possible faculty members  should dine with the  

hostel residents in their respective hostels to instill a feeling of  

confidence among the fresh residents.";

(iii)  Recommendation No.5.18:  “We recommend that every  

institution must have an Anti-Ragging Committee and an Anti -  

Ragging  Squad.  It  is  essential  to  have  a  diverse  mix  of  

membership in terms of  levels as well  as  gender in both the  

Anti - Ragging Squad as well as the Anti - Ragging Committee.  

The Anti  - Ragging Committee at the level  of the institution  

should  consist  of  the  representatives  of  civil  and  police  

administration,  local  media,  Non  Government  Organizations  

involved in youth activities, representatives of faculty members,  

representatives of parents, representatives of students belonging  

to the freshers' category as well as seniors, non - teaching staff  

and should be headed by the Head of the Institution. The Anti -  

Ragging  Squad,  in  contrast,  should  be  a  body  with  vigil,  

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oversight and patrolling functions and should appropriately by a  

smaller body which should be nominated by the Head of the  

Institution with such representation as considered necessary to  

keep it mobile, alert and active at all time. The Squad may be  

called  upon to  make  surprise  raids  on  hostels  and  other  hot  

sports and should be empowered to inspect places of potential  

ragging. . The Squad should work under the overall guidance of  

Anti-  Ragging  Committee.  The  Squad  should  not  have  any  

outside  representation  and  should  only  consist  of  members  

belonging to the various sections of the campus community."

(iv) Recommendation No. 5.28: "At the level of the District, we  

recommend a District level Anti - Ragging Committee, which  

should consist of the Heads of Higher Education Institutions as  

members. It should be headed by the District Collector / Deputy  

Commissioner  /  District  Magistrate  and should also have the  

Superintendent of Police / SSP of the District as member. The  

Additional District Magistrate should be a member - secretary  

of the Committee, which should also have representation of the  

local media and district level Non Government Organizations  

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actively associated in youth development programmes, as well  

as  representations  of  all  student  organizations.  The  District  

level Committee should hold preparatory meetings during the  

summer  vacation  meetings  to  take  stock  of  the  state  of  

preparedness of each institution and their compliance with the  

policies and directions or guidelines of the appropriate bodies,  

the  university/State/  Central  authorities;  and  this  Court's  

guidelines in regard to curbing the menace of ragging. We have  

already  emphasized  on  the  need  for  publicity  campaigns,  

summer months may be appropriate to launch such campaigns.  

Some  of  the  role  expectations  from  the  District  level  

Committees  have  already  been  mentioned  in  the  preceding  

paragraphs dealing with activities at the level of Schools as well  

as  higher  education  institutions  and  therefore  are  not  being  

repeated."

(v)  Recommendation No. 5.29: "We have thought through the  

suggestion that the District level Committee, should function as  

some  sort  of  an  appellate  forum to  the  action  taken  by  the  

institution level Anti - Ragging Committee. We feel that this is  

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neither  necessary  nor  desirable.  It  is  not  necessary  in  the  

context  of  the  recommendation  that  we  propose  to  make  in  

respect of, the scheme of penalty later in this Chapter. It is not  

desirable from the point of view that such a mechanism lends  

an extra – campus dimension to the tackling of intra-campus  

disciplinary  matter.  All  matters  of  discipline  within  teaching  

institutions, in our opinion, must be resolved within the campus  

- except those impinging on law and order or breach of peace or  

public tranquility, all of which should be dealt with under the  

penal laws of the land; fortifying of which is being suggested  

by us later on."

(vi) Recommendation No. 5.30: "At the level of the University,  

we  recommend  that  there  should  be  a  Monitoring  Cell  on  

Ragging, which should coordinate with the affiliated colleges  

and  institutions  under  its  domain.  The  Cell  should  call  for  

reports from the Heads of institutions in regard to the activities  

of  the  Anti-Ragging  Committee,  Anti  -  Ragging  Squads,  

Monitoring  Cells at the level of the institution, the compliance  

with  instructions  on  conducting  orientation  programmes,  

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counseling  sessions,  the  incidents  of  ragging,  the  problems  

faced by wardens or other officials. It should also keep itself  

abreast  of  the  decisions  of  the  District  level  Anti  -  Ragging  

Committee.  This  Monitoring  Cell   should  also  review  the  

efforts made by institutions o publicize anti - ragging measures,  

soliciting of undertaking from parents and students each year to  

abstain from ragging activities or willingness to be penalized  

for  violations;  and  should  function  as  the  prime  mover  for  

initiating action on the part of the appropriate authorities of the  

university  for  amending the Statutes  or  Ordinances  or  Bye -  

laws to facilitate  the implementation of anti-ragging measures  

at the level of the institution."

(vii)  Recommendation  No.  5.31: "At  the  State  level,  we  

recommend that there should be a Monitoring Cell at the level  

of  the  Chancellor  of  the  State  Universities,  who  may  also  

coordinate  with  those  of  the  Central  Government institutions  

located in the State in which the Governor has a defined role  

under  the  relevant  law.  Governors,  in  their  capacity  as  

Chancellors of State Universities, can leverage the influence of  

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their office to ensure that the State Government as well as the  

university authorities are suitably instructed to be alert in regard  

to ragging. The involvement of Governors would also ensure  

that  the  autonomy  of  institutions  of  higher  learning  is  not  

compromised. In addition, Governors of States are associated  

with  Central  Universities  in  their  role  as  Chief  Rector  

/Chancellor etc. and can oversee the function of coordination  

where required vis-a- vis the office of the President of India in  

his capacity as the Visitor of the Central Universities and also  

the  Central  Government in  the  Ministry  of  Human Resource  

Development. The State level Monitoring Cell should receive  

periodically,  and  at  such  frequencies  that  it  may  law  down,  

status reports from the University level Monitoring Cells and  

Districts level Anti - Ragging Committees."

(viii) Recommendation No. 5.22:. "We recommend that in the,  

light  of  the  increasing  number  of  private  commercially  

managed, lodges or hostels outside campuses, such hostels and  

management must be registered with the local police authorities  

and  permission  to  start  such  hostels  or  register  them  must  

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necessarily  be  recommended  by  the  Heads  of  educational  

institutions. It should be mandatory for both local police, local  

administration  as  well  the  institutional  authorities  to  ensure  

vigil  on  incidents  that  may  come  within  the  definition  of  

ragging.  Managements  of  such  private  hostels  should  be  

responsible  for  non-reporting  of  cases  of  ragging  in  such  

premises.  Local  authorities  as  well  as  the  institutional  

authorities  should  be  responsible  for  action  in  the  event  of  

ragging in such premises, just as they would be for incidents  

within campuses. The Committee also recommends that besides  

registering private hostels as stated above, the towns or cities  

where  educational  institutions  are  located  should  be  

apportioned  as  sectors  among  faculty  members,  as  is  being  

done by some institutions, so that they could maintain vigil and  

report any incidents of ragging outside campuses and en route  

while 'freshers' commute."

(ix) Recommendation No. 5.27: "Wardens must be accessible at  

all hours and therefore it is important that they, be available on  

telephone and other modes of communication - therefore, we  

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recommend that wardens must be issued mobile phones by the  

institutions and the details of their telephone number must be  

widely  publicized.  Similarly,  the  telephone  numbers  of  the  

other  important  functionaries  -  Heads  of  institutions,  faculty  

members, members of the anti-ragging committees, district and  

sub-divisional authorities and state authorities where relevant,  

should also be widely disseminated for the needy to get in touch  

or seek help in emergencies. The Committee recommends that  

brochures or booklet/leaflet  distributed to each student at  the  

beginning of each academic session for obtaining undertaking  

not  to indulge or  abet  ragging,  shall  contain the blueprint  of  

prevention and methods of redress."

The educational institutions shall ensure that each hostel  

should have a full-time warden who resides within the hostel, or  

at the very least, in the close vicinity thereof. State of Himachal  

Pradesh has submitted that the creation of a separate cadre for  

warden  would  not  be  beneficial  for  this  purpose.  But  it  is  

desirable that institutions should provide necessary incentives  

for  the  post  of  full-time  warden,  so  as  to  attract  suitable  

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candidates.  It  has  been  pointed  out  that  UGC,  in  its  Draft  

Regulations  on  Curbing  the  Menace  of  Ragging;  has  also  

provided accordingly.

(x)  Recommendation No. 5.43: "The committee  recommends  

that at  the national level,  the UGC should fund, a toll  - free  

Helpline which could be accessed by students in distress owing  

to ragging related incidents.  The Ministry of Communication  

and Information Technology should facilitate the establishment,  

infrastructure  and  operation  of  the  proposed  Helpline.  Any  

distress message should be simultaneously relayed to the Head  

of  the  Institution,  warden  or  officer  of  the  Hostels,  District  

authorities including the Superintendent of Police, and should  

be web-linked so as to be in the public domain simultaneously  

for the media and citizens to access it. A genuine message of  

distress from the victim of ragging should make it obligatory  

for the Head of the institution and civil authorities to initiate  

action on the lines already  suggested by us."

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2. Learned  amicus  curiae  has  submitted  that  the  Ministry  of  Human.  

Resource  Development,  Government of  India,  in consultation with  UGC,  

MCI, AICTE and other similar regulatory bodies is in the process of setting  

up a central crisis-hotline and anti-ragging database in the manner suggested  

by Dr. Rajendra Kachroo to the Raghavan Committee and the UGC. The  

task of monitoring the database be given to a nongovernmental agency, to be  

immediately  nominated by the Union of  India to build confidence in the  

public and also to provide information of non compliance to the regulatory  

bodies and to the Raghavan Committee. The database shall be created out of  

affidavits  affirmed  by  each  student  and  his/her  parents/guardians,  which  

affidavits shall be stored electronically, and shall contain the details of each  

student. The database shall also function as a record of ragging complaints  

received, and the status of the action taken thereon;

3. The Draft Regulations on Curbing the Menace of Ragging, formulated  

by the UGC, should be implemented with the urgency it deserves and to be  

adopted by .all other regulatory bodies, such as AICTE, MCI, DCI, NCI etc.;

4. The  recent  incident  involving  the  death  of  Aman Kachroo  clearly  

indicates that the formulation of guidelines and regulations is not sufficient.  

Such regulations shall have to be enforced strictly, and penal consequences  

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for the heads of the institutions/administration of the institution who do not  

take timely steps in the prevention of ragging and punishing those who rag.  

In  addition  to  penal  consequences,  departmental  enquiries  be  initiated  

against  such  heads  institutions  /  members  of  the  administration  /  faculty  

members  /  non-teaching  staff,  who  display  an  apathetic  or  insensitive  

attitude towards complaints of ragging;

5. Not only the students,  but  also the faculty who must  be sensitized  

towards the ills of ragging, and the prevention thereof. Non-teaching staff,  

which includes administrative staff, contract employees, security guards etc.,  

have also to be regularly sensitized towards the evils and consequences of  

ragging;

6. The Principal or Head of the Institution/Department  shall  obtain an  

undertaking from every employee of the institution including teaching and  

non-teaching members  of staff,  contract  labour employed in the premises  

either  for  running canteen or  as  watch and ward staff  or  for  cleaning or  

maintenance of the buildings/lawns etc. that he/she would report promptly  

any case of  ragging which comes to his/her  notice.  A provision shall  be  

made  in  the  service  rules  for  issuing  certificates  of  appreciation  to  such  

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members  of  the  staff  who  report  ragging  which  will  form port  of  their  

service record;

7. It  is  seen,  that  college  canteens  and  hostel  messes  are  also  places  

where  ragging  often  takes  place.  The  employers/employees  of  the  

canteens/mess shall be given necessary instructions to keep strict vigil and to  

report the incidents of ragging to the college authorities if any;

8. Each batch of freshers should be divided into small groups and each  

such group shall be assigned to a member of the staff. Such staff member  

should interact individually with, each member of the group on a daily basis  

for ascertaining the problems/difficulties if any faced by the fresher in the  

institution and extending necessary help. By building up rapport with each  

member of the group teachers or other members of the staff would be able to  

infuse confidence in the freshers and make them feel at home so as to enable  

them to report incidents of ragging or bullying. Each group in-charge shall  

maintain a diary of his/her interaction with the freshers under his/her charge;

9. In the case of freshers admitted to a hostel it shall be the responsibility  

of the teacher in charge of the group to coordinate with the warden of the  

hostel  and  to  make  surprise  visits  to  the  rooms  in  the  hostel  where  the  

members of the group are lodged;

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10. Freshers shall be lodged in a separate hostel block, wherever possible,  

and  where  such  facilities  are  not  available,  the  college/institution  shall  

ensure that seniors' access to freshers' accommodation is strictly monitored  

by wardens, security guards and college staff;

11. A ragging takes place mostly in the hostels after  the classes are over  

in the college. A round the clock vigil against ragging in the hostel premises  

shall be provided;

12. It is necessary that parents/guardians of freshers assume responsibility  

for  promptly  bringing  to  the  notice  of  the  Head  of  the  Institution  any  

instance of ragging;

13. Chancellor of the Himachal Pradesh University in consultation with  

the Raghavan Committee shall as a part time measure appoint a Committee  

to oversee the implementation of directions given in this order.

14. Keeping  in  mind  the  seemingly  violent  history  of  RPGMC,  a  

detachment of police be posted on the RPGMC campus till such time the  

Committee is satisfied of the maintenance of discipline on campus.  

15. Departmental  proceedings  shall  be  initiated  against  the  erstwhile  

principal  of  RPGMC,  Dr.  Suresh  Sankhyan  to  ascertain  his  role  in  

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exacerbating  ragging  on  campus,  as  well  as  his  suitability  as  a  faculty  

member and administrator. State of Himachal Pradesh, in its affidavit, has  

stated that such proceedings have been commenced against Dr. Sankhyan,  

and that a charge.-sheet is expected to be issued to him presently;

16. The SHO/SP, within whose jurisdiction a particular college falls, shall  

be responsible for ensuring that no ragging takes place on the campus of the  

concerned college, and to effectively deal with incidents of ragging, should,  

any such incidents take place. Once a central database/crisis hotline is made  

operative then as soon as SHO/SP, within whose jurisdiction a particular  

college falls, is contacted by the crisis hotline staff, then such SHO/SP shall  

deal effectively with the incident and cooperate and communicate with the  

crisis hotline staff and/or the independent monitoring agency. This will build  

confidence and encourage people to report  incidences of  ragging without  

fear or delay;

17. Dr. Rajendra Kachroo; Dr.  S. S. Shilwant,  Asst.  Professor of Law,  

Maharishi Dayanand University, Rohtak, shall assist Raghavan Committee,  

to  provide  a  linkage  between  the  Committee's  efforts,  and  the  non-

governmental anti-ragging movement;

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18. Once the database/crisis hotline (as described in Recommendation No.  

I(x) above) is operative, State Governments shall amend their anti-ragging  

statutes to include provisions that place penal consequences on institutional  

heads;

19. A  committee  be  appointed  comprising  one  or  more  eminent  

psychiatrists/psychologists/mental  health specialists,  a  documentary maker  

and educationalists  from various  fields,  to  (i)  ascertain  the  psychological  

impact of ragging on students; (ii) to ascertain reasons and circumstances  

under which senior students resort to ragging; (iii) assess and quantify the  

impact  of  ragging  and  indiscipline  on  the  standard  of  education  in  an  

institution and relate it to the existing procedures used by MCI, UGC and  

other  regulatory  bodies  to  assess  the  suitability  of  an  institution  for  

recognition;  and  (iv)  recommend  urgent  and  mandatory  mental  health  

measures to be implemented in, and practiced by school, colleges, and all  

educational  and  vocational  institutions,  so  as  to  aid  the  occurrence  of  

ragging. For the present following shall be members of this committee:

(a) D . Shobna Sonpar, Clinical Psychologist, New Delhi;

(b) Dr.  Shekhar  Sheshadri,  Professor  of  Child  Psychiatry,  

NIMHANS, Bangalore;

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(c) Dr. Mohan Rao, Professor of Social Sciences,  JNU New Delhi;  

and

(d)  Dr.  Amit  Sen,  Child  Psychiatrist,  Sitaram  Bhartia  Institute  of  

Science & Research, New Delhi.

20. A  separate  committee  be  constituted  immediately  to  examine  the  

problem of alcoholism on the RPGMC campus, and to suggest immediate  

de-addiction measures. The following eminent mental health experts shall be  

members of this committee:

(a)  Dr.  Anju  Dhawan,  Associate  Professor,  Psychiatry,  All  India  

Institute of Medical Sciences, New Delhi;

(b) Dr. Sameer Malhotra, Former Assistant Professor of Psychiatry,  

AIIMS, New Delhi; and

(c)  Dr.  Prakash  Saran,  Associate  Professor  of  Psychiatry,  AIIMS,  

New Delhi.

21. In  each  State,  Committees  in  the  line  indicated  above  shall  be  

constituted to undertake the exercise detailed above.  

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22. Compliance  reports  shall  be  filed  within  four  months.  List  after  four  

months.  

………………………………….J. (Dr. ARIJIT PASAYAT)

………………………………….J. (ASOK KUMAR GANGULY)

New Delhi, May 08, 2009

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