REPORTABLE

IN THE SUPREME COURT OF INDIA

CIVIL APPELLATE JURISDICTION

CIVIL APPEAL NO.                       OF 2009 (Arising out of SLP(C) 24295 of 2004)

The University of Kerala  ……Appellant

Versus

The Council of Principals of ……Respondents College in Kerala & Ors.

J U D G M E N T

DR. ARIJIT PASAYAT, J.

1. Leave granted.

2. Ragging in educational institutions has been a matter of concern for

this  Court  since  long.  Noticing  that  notwithstanding  a  judgment  of  this

Court in  Vishwa Jagriti Mission through President v.  Central Government

through  Cabinet  Secretary  &  Ors. (AIR  2001  SC  2793)  few  remedial

practical  measures  have  been taken  to  prevent  the menace of  ragging  in

educational  institutions,  by  order  dated  27.11.2006,  a  Committee  was

constituted  under  the  chairmanship  of  Mr.  R.K.  Raghvan,  Ex-Director,

C.B.I.    The  Committee  has  submitted  its  report  and  suggested  certain

measures.  Subsequently  orders  dated  16.5.2007  and  10.12.2007  were

passed.   Further  Status  report  has  been  submitted  by  Shri  Gopal

Subramanium, learned Amicus Curiae.  Pursuant to the directions given by

this Court, the second and third reports of the Committee have been filed

which read as follows:

“  SECOND REPORT  : The Committee under the chairmanship

of Dr RK Raghavan met at New Delhi on the 2nd April 2008 to

take stock of  the  situation  and review the progress  made by

different authorities, agencies and other stake holders who had

been directed by the Hon’ble Supreme Court to implement the

recommendations of this  Committee’s Report on ragging and

also of the Lyngdoh Committee on elections to student unions.

2.  On  the  10th December,  2007  the  Supreme Court  had

heard the matter and had passed certain orders.  Accordingly,

on  4-1-2008,  the  Ministry  conveyed  to  all  the  regulatory

institutions like UGC, AICTE, MCI, DCI, PCI, INC and ICAR,

the  observations  of  the  Court  and  its  directions  that  in  the

prospectus  of the higher educational  institutions  it  should be

mentioned that if any incident of ragging comes to the notice of

2

the  authority  concerned,  the  accused  student  will  be  given

opportunity to explain and if his explanation is not satisfactory

the  authority  would  expel  him  from  the  institution.  The

regulatory  institutions  were  also  requested  to  intimate  from

time to time the progress being made and were also informed

that  the  reports  being  received  from  individual  higher

educational institutions be consolidated and analysed and only

the findings  intimated  to  the  Ministry for  placing  before  the

Committee. For arousing public consciousness against ragging,

audio video jingles/spots  have been prepared by the Ministry

with  the  assistance  of  DAVP for  release  in  the  media.   The

CBSE has issued a letter to all institutions affiliated to it  for

implementing  an  effective  programme  of  counseling  for

students  involving  both  parents  and  teachers,  abolishing

corporal  punishment,  creating  awareness  about  human rights

and  indicating  the  students  behaviour  pattern  in  the  school

leaving and character certificates.  The Committee reviewed the

progress reported by the UGC, MCI and DCI.  The absence of

any report from NCI was noted.  Thereafter the Committee also

heard from the representative of UGC, AICTE, MCI and DCI

the measures taken and progress achieved by them.

3. The MCI informed that of the total 270 medical colleges

in the country, 202 had reported the various measures taken.

These  have  constituted  anti-ragging  committees.   They have

published  names  and  telephone  numbers  of  officials  to  be

contacted  by  freshers  in  case  of  ragging.   They  have  also

3

conducted  counselling  sessions  and  orientation  courses  for

senior  and  fresh  students.   Punishments  have  been  given  to

students found guilty of ragging, and the number of institutions

reporting  compliance  has  increased  due  to  the  efforts  of  the

Council.  The Dental  Council  of India also detailed the steps

being taken to prevent ragging.  Its representative said that all

the 127 dental  colleges  in  India  had  constituted  anti-ragging

committees  and squads  to  check ragging.   These institutions

have  reported  compliance  with  publication  of  telephone

numbers  and  names  of  officials  to  be  contacted  in  case  of

ragging,  besides  conducting  counselling  and  orientation

courses  for  seniors  and  juniors.   The  AICTE’s  Member

Secretary informed that the Council had issued advertisements

informing the higher technical  educational  institutions  of  the

directives of the Supreme Court and had warned of deterrent

punishment to institutions, like reduction in number of seats. If

ragging  still  took  place  in  the  institution.   He  said  that  the

individual compliance report received from each institution has

been sent  to  the Ministry and that  a significant  reduction  as

compared to last  year in the number of cases of ragging has

been achieved.  He said that efforts were continuing and that it

is hoped that incidents of ragging would be further reduced in

the new academic year.   

4. Two cases of victimization of students who complained

about  ragging  had  come to  the  notice  of  the  Chairman who

promptly  took  up  the  matter  with  the  concerned  institution,

4

viz.,  Dr. MGR Educational  & Research Institute,  Chennai  (a

deemed university). It was only after two months, the Institute

gave  a  reply.  The  two  students  have  refuted  the  allegations

made against them in the Institute’s reply. The Committee feels

that  the  whole  episode  needs  to  be  probed  in  detail  by  the

AICTE and a report obtained for further action.

5. The  Committee  noted  that  regarding  student  union

elections  the  Secretary,  Higher  Education  Department  has

addressed on 29.11.07 the State Chief  Secretaries,  for taking

necessary action.  It thereafter took the following decisions:

(a) the  cases  of  harassment  of  two  students  for

complaining about ragging referred to by Chairman be

sent to the UGC for further action and this be mentioned

in the report to the Apex Court.  The petition submitted

by the harassed student be enclosed;

(b) along with the clause of punishment of expulsion

for  ragging  if  found  guilty,  incorporated  in  the

prospectus  of  higher  educational  institutions,  the  latter

should also publish the number of cases of ragging and

punishments  given  by  them in  the  previous  academic

year.  This may be mentioned in the report to the Apex

Court for its orders;

5

(c) regulatory agencies  should  put  up  the  suggested

anti-ragging  measures  before  their  council  and  get

approval;

(d) the MCI should prepare draft regulation to prevent

ragging and send it to the Ministry for fast-tracking its

adoption;

(e) where  medical  colleges  and  dental  colleges  are

having  same  facilities/  campuses   the  Councils

concerned  should  make  combined  efforts  to  be  more

effective;

(f) since the XI Plan Funding Committees of the UGC

will  be  visiting  educational  institutions  to  assess  the

grant  requirements  and  invite  proposals,  prevention  of

ragging  be  made  one  of  the  focus  items.  Since  the

Committees  will  have  representatives  from

AICTE//MCI/DCI etc., it should convey the seriousness

of the message to prevent ragging to the managements;

(g) regulatory bodies should do more detailed analysis

of  the  reports  received to  enable targeting regions and

institutions  where measures to  prevent  ragging are not

proving to be very effective;

6

(h) all institutions concerned should do whatever they

can by ensuring punishment to the students found guilty

of ragging, giving wide publicity to such punishments to

act  as  a  deterrent,  strict  enforcement  of  the  various

measures  suggested  by  the  Committee  so  that  each

complement the other and the message goes down to the

grass roots;

(i) socially  active  NGOs  like  CURE  can  be  also

encouraged  to  help  to  prevent  and  sensitize  public

opinion to prevent ragging;

(j) Committee  should  meet  every  month  from  June  to

August, and thereafter once in a month to review the situation ;

(k) the next meeting of the Committee may be held in May

2008 ( on dates other than  29-31st).

THIRD   REPORT:   1.Two  meetings  of  the  Committee

appointed by the Supreme Court under the chairmanship of Dr.

R  K  Raghavan  to  monitor  the  various  measures  to  prevent

ragging  and  to  conduct  student  union  elections  in  higher

educational  institutions  were  held  on  11th June  2008  and  5th

August 2008 in New Delhi.   

7

2. In both the meetings the Committee reviewed the actions

taken on the decisions of the Committee’s previous meetings.

In the meeting held on 11th June 2008 the Committee expressed

its  disappointment  over  the  helplessness  shown  by  the

regulatory bodies. It suggested to UGC to link release of grants

under  various  schemes  to  educational  institutions  with  the

compliance by them with the directions of the Supreme Court

of  India.  It  directed  educational  institutions  (through  the

regulatory  agencies)  to  incorporate  in  their  admission

notices/advertisements  appropriate  messages  regarding  ‘zero

tolerence’  towards  ragging.   It  decided  that  an  audio  video

campaign  to  prevent  ragging  should  be  undertaken  at  the

commencement of the new academic session.  It noted that the

Medical Council  of India had not framed draft  regulations to

prevent ragging despite the Committee’s advice.  The request

was  reiterated  to  the  Council.  It  also  requested  the  UGC to

investigate  the  case  of  harassment  of  two  students  who

complained  about  ragging,  by  the  MGR Institute  of  Higher

Education & Research. In its meeting held on 5th August 2008

the Committee noted that the advertisement and audio visual

campaign being undertaken by the Government of India at the

commencement of the new academic session to prevent ragging

in  higher  educational  institutions  had  good  effect.   It

appreciated that the advertisements of the Ministry have been

exhibited  in  the  Ministry’s  website  for  use  by  educational

institutions  in  their  local  campaigns.   It  also  noted  that  in

addition  the  Delhi  Police  had  issued  advertisements  in  the

8

national  capital  region  to  prevent  ragging  and  the  need  to

prevent  ragging  was  rieterated  in  the  State  Education

Ministers’ Conference held on 23rd  and 24th July 2008 in the

capital.  The  Committee  felt  that  the  publicity  effort  must

percolate  to  the  institutional  level  and  each  campus  should

make efforts to publicize and sensitize students regarding the

menace of ragging.

3. In its meeting held on 5th August 2008,  the Committee

discussed the work being done by several NGOs. Their work

was  appreciated.  The  video  on  the  website  of  CURE  was

specially  mentioned  in  addition  to  the  compilation  of  data

regarding  ragging  cases  reported  in  various  parts  of  the

country.  The  NGO from  West  Bengal  which  is  engaged  in

prevention  of  ragging  was  also  referred  to.  The  various

councils  were  advised  by  the  Committee  to  draw  upon  the

efforts of NGOs where  necessary.  

4. The  Committee  felt  that  the  audiovisual  campaign has

been successful in raising the level of awareness of the people

about the evil effects of ragging. The Committee felt that the

advertisements  campaign  should  be  continued  to  cover  the

9

commencement of professional courses. In the case of shortage

of funds the campaign can be focused on medical colleges in

regions more prone to ragging incidents.  

5. Reviewing the number of cases reported in the current

academic  session  the  Committee  decided  that  the  case  of

ragging in the Rajkumari Amrit Kaur College of Nursing, New

Delhi should be enquired into by the Nursing Council of India.

The Committee  resolved that  any incident  as  reported  in  the

press should be presumed to be ragging unless on enquiry it is

found to be otherwise. The incidents  of  ragging reported are

passed  off  as  altercation  or  spats  between  students  and  this

precludes  detailed  enquiry  and  punishment  of  the  guilty

students. It therefore desired that the reported incidents should

be enquired into by the Nursing Council to ascertain the facts

thereof. The Committee noted the ragging case reported at The

Graphic  Era  Institute  of  Technology,  UP.   The  AICTE was

requested to look into the matter to ascertain the facts regarding

the punishment given to the guilty students. The case of “paid

ragging”  in  Coimbatore  reported  in  The  Indian  Express  of

5.8.2008, where the fresh students were forced to pay for the

10

luxury trips of senior students in star hotels was referred to the

AICTE for investigation and necessary action. The Committee

emphasized the need to give exemplary punishment as directed

by the Supreme Court to the students found guilty of ragging so

that the seriousness with which authorities view such incidents

sink in.   

6. Regarding  the  harassment  case  of  two students  by the

MGR Institute of Higher Education & Research, Chennai the

Committee was unhappy to note the slow progress.  It directed

the UGC to conduct  an  enquiry by deputing  a joint  team of

UGC and AICTE and submit its findings expeditiously.   

7. The Committee discussed the problems being created by

anonymous complaints, lack of definition of permissible modes

of  interaction  of  senior  with  junior  students  and  the  role  of

student  unions  in  preventing  ragging.  The  unwillingness  of

complainants to  disclose their  identity and details  of ragging

incidents  and  persons  involved  is  posing  a  big  problem  in

taking  action.   The  Committee  felt  that  ragging  is  a  very

complex  phenomenon  involving  social,  psychological  and

other  dimensions.  It  would  not  be  appropriate  to  face  the

11

problem from the  angle  of  regulations  and restrictions  alone

because  it  is  very  difficult  for  educational  administrators  to

tackle  demands  of  students’  self  governing  institutions.

Generating awareness amongst students through student unions

about the bad effects of ragging can be tried as a method.  

8. The Committee felt that more was needed to be done by

regulatory  bodies  to  prevent  ragging  and  the  response  of

educational  institutions  to  efforts  by  the  Councils  lacked

promptness.   They  should  formulate  regulations  and  give

directions.  The  Committee  felt  that  the  learned  Additional

Solicitor General be requested to approach the Hon’ble Court

on the various  other suggestions like dedicated wardens etc.,

contained in the Committee’s report.”

3. Ragging is  rationalised and justified as a way of "Introduction or

getting familiar" with the freshers at the starting of an academic session of

any educational institution.

12

4. In a very positive aspect, "Ragging" could not be considered as an

abridgement between the seniors and the freshers, whereas "Introduction"

could be considered as genesis of relationship between the two.

5. When any student is admitted in a particular institution he/she has

to face certain problems and one of them which affects the most is staying

away from home and especially  away from the  dear  ones.  Because  of

these  problems,  the  freshers  expect  some one  to  look  after  them, with

whom they can have homely environment as they were enjoying at their

respective homes. But nowadays the seniors have crossed the barriers, by

which they have changed the meaning of "Introduction" into "Ragging".

6. "Seniors" under the garb of "Introduction" have started ragging the

freshers and due to which, in recent years, it has become the talk of the day

that the freshers who have faced severe ragging are leaving the educational

institutions  and some have attempted  to  commit suicide and even some

have committed it.

13

7. In modern era, "Ragging" has become to be known only as synonym

of  "teasing",  "terror",  "harassment",  "cruelty",  "fear"  and  "physical  and

mental torture".

8. By perusal of records and survey, it has come to be accepted that

"Ragging" is a systematized form of Human Rights'  abuse as embodied

under the Constitution of India as well as other Constitutions of the World.

9. Over the years in all over the world and especially in South Asia,

the  practice  of  "Ragging"  has  come  to  be  meant  as  an  extreme

"harassment", "terror" and even "physical and mental torture" of freshers.

10. Ragging  is  a  set  of  undisciplined  activities  undertaken  by  the

seniors to break the ice with the juniors, who have been suddenly thrown

into a totally new environment. The contention of seniors behind all such

activities is simply to bring the freshers down to earth, because in their

opinion  the  freshers  do  not  respect  the  seniors  and  by  doing  all  such

inhuman activities  under the garb of “Introduction”, the seniors rag the

freshers so that the freshers may respect them and be under their control.

But this act cannot be reasonable and just. The act by the seniors is a "fist

14

of steel against ice” and likewise by doing so, they shatter the ambition,

aim and object of freshers and they become aloof in this practical world.

11. To prohibit “Ragging”, this Cour has given a series of guidelines to

the educational institutions whether being Central, State or Private Institute.

[See: Vishva Jagriti Mission v. Central Government (AIR 2001 SC 2793)].

12. Ragging  in  essence  is  a  human rights’  abuse.   Ragging  can  be  in

various forms.  It can be physical abuse or mental harassment.  In present

times shocking incidents of ragging have come to the notice.  Sometimes

violence  is  used.   The  student  is  physically  tortured  or  psychologically

terrorized.  All human being should be free to claim, as a matter of right in

the society in which they live, for life of dignity but when it is intentionally

or  recklessly damaged or departed then the person’s human right is abused;

in that sense ragging is the best example of human rights’ abuse.

13. Everyman's  Encyclopaedia  (1938  Edition,  Vol.  II)  and  Random

House Dictionary of the English Language (1967 Edition) have references

about ragging. The synonyms of ragging as racking, ducking, teasing, etc.

are  mentioned  in  detail  in  these  reference  books.  In  England  the

15

credit/discredit goes to Duke of Exeter to introduce the practice of ragging.

Racking was another form of ragging in which a special instrument called

'rack' was used to torture the victim. Gradually it mixed up with the term of

ragging. Egyptian, Romans and Greeks were also not lagging behind. Some

form or the other of ragging was found in their societies.

14. Ragging is not a new phenomenon. It existed even in older times. It

was part of civilised societies. In ancient seats of learning, e.g., Berytus and

Athens ragging was prevalent. In army schools of England ragging existed

as a tradition. Later on this tradition took its root in medical and engineering

colleges. In English society ragging took the form of freshers being paraded

on street which caused much annoyance not only to freshers  but  even to

general public especially girls.

15. Ragging is a form of systematic and sustained physical, mental and

sexual  abuse  of  fresh  students  at  the  college/university/any  other

educational institution at the hands of senior students of the same institution

and sometimes even by outsiders. Although some form of ragging is present

in  every  educational  institution  but  serious  abuses  of  human rights  take

place generally in medical and engineering colleges and Armed Forces. The

16

form and effect of ragging differ from institution to institution. It creates a

sense  of  fear  in  the  minds  of  first  year  students  and  they  become

apprehensive of unforeseen incidents which later comes true and culminates

in actual form of action.

16. Ragging is "display of noisy, disorderly conduct and great high spirits

considered by perpetrators (raggers) as excellent fun and by many outsiders

as a bloody nuisance".

17. Another meaning of ragging is "to question vigorously and jocularly,

horseplay or assail roughly and noisily".  

18. Yet another definition of ragging refers to popular Spanish game of

"Bull-Fight”,  wherein Bull  is  shown red 'rag'  and a person shouts  which

infuriates the Bull in fighting.

19. As noted above "Ragging" means display of noisy, disorderly conduct

or doing 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,

17

( a ) teasing, abusing of, playing practical jokes on, or causing hurt to,

such students; or

(b) asking the student to do any act or perform something which such

student will not, in the ordinary course, willingly do.

20. "Ragging"  means  doing  an  act  which  causes  or  is  likely  to  cause

insult  or  annoyance  or  fear  or  apprehension  or  threat  or  intimidation  or

outraging of modesty or injury to a student.

21. "Ragging" means causing, inducing, compelling or forcing a student,

whether  by  way  of  a  practical  joke  or  otherwise,  to  do  any  act  which

detracts  from  human  dignity  or  violates  his  person  or  exposes  him  to

ridicule or to forbear from doing any lawful act, by intimidating, wrongfully

restraining, wrongfully confining, or injuring him or by using criminal force

to him or by holding out to him any threat of such intimidation, wrongful

restraint, wrongful confinement, injury or the use of criminal force.

18

22. The  word  "ragging"  colloquially  means  to  tease  or  play  practical

jokes on someone, specially on students who are the fresh entrants in the

schools, colleges, Universities or any other educational institutions. In the

beginning,  it  was  a  way of  introduction  of  the  first  year  students  in  the

institutions which gradually has become not only serious problem but also a

social  stigma.  While  in  the  age  of  a  child  in  cradle,  it  was  a  harmless

practice  by  senior  students  over  their  juniors.  Regarding  the  origin  or

initiative steps of the ragging, it can be traced back to the Seventh or Eighth

Century A.D.  

23. In 1828-1845, in United States'  Colleges and Universities  Campus,

several  student-organizations  called  'fraternities'  popped  up.  Freshers  to

these  fraternities  were  known  as  pledges.  In  its  rudimentary  form,  it  as

called 'hazing' which was merely ritual to test the courage of the pledge.

24. In  ancient  Greece,  freshers  to  the  sporting  communities  were

subjected  to  humiliation  and  teasing  to  inculcate  team  spirit.  After  the

passage of time this  type of  activities  were adopted by Armed Forces in

which new entrants have to pass out by obeying the seniors in off-duty time.

As has been said above, in the age of child in cradle, the ragging was a

19

harmless practice rather permissible in the society but it had taken shape of

brutality, humiliation and harassment after the First World War. In fact the

technique,  style or forms which the soldiers participating in the War had

learnt and faced in army atmosphere, were brought by them, when they re-

entered in the colleges after returning from the War. Actually these forms

were  devised  to  highlight  the  importance  of  the  team.  Gradually  these

techniques and forms passed on those persons who did not know the real

meaning of the technical word 'hazing' or 'ragging'.  Now the ragging has

acquired a new heinous  meaning which indicates  any disorderly conduct

whether by words spoken or written or by an act which has the effect of

teasing, treating or handling with rudeness any other student, indulging in

rowdy  or  undisciplined  activities  which  causes  or  is  likely  to  cause

annoyance, hardship or psychological harm or to raise fear or apprehension

thereof in a fresher or a junior student or asking the student to do any act or

perform something which such student will  not do in the ordinary course

and  which  has  the  effect  of  causing  or  generating  a  sense  of  shame or

embarrassment so as to adversely affect the physique or psyche of a fresher

or a junior student.  

25. A  rare  and  strange  case  of  ragging  is  as  follows  -Pyotr  Ilyich

Tchaikousky was a renowned composer of Russia. It was reported in 1893

20

that  he  died  due  to  cholera  and  cholera  was  caused  due  to  drinking  of

contaminated water. This was a blatant lie. However, this lie prevailed for

about  a  century.  The  truth  was  revealed  by, Alexandra  Orlova,  the

biographer of the composer and that too when the composer died and the

biographer migrated to America. The biographer revealed that the Russian

composer  was  a  homosexual  during  his  education  period  and  this  fact

became  known  to  college  authorities  and  they  decided  to  punish  the

composer and was likely to be expelled. The news of proposed punishment

leaked  to  his  old  classmates  and  they  thought  that  if  the  composer  is

punished it will bring a bad name to the institution. Therefore, the composer

was summoned before eight former classmates in the "Court of Honour" and

was asked to end his own life to "preserve the good name of the school".

The composer ended his life by consuming poison brought by one of the

Judges and story of death by cholera was concocted.

26. After consideration of the reports, we direct that the Government in

the States and the Union Territories and the University shall act in terms of

the guidelines formulated by the Constituted Committee.  The MCI, BCI in

consultation with UGC shall frame the requisite regulations which shall be

binding on the institutions.  They shall be indicated to the students at the

21

time  of  admission  by  appropriate  provision  in  the  prospectus  issued  for

admission.  The consequences which flow from not observing the guidelines

shall also be indicated.  Inquiries which are pending shall be completed and

report shall be submitted before this Court.

27. A question raised was regarding giving opportunity to the offender

before  taking  actions  like  expulsion  etc.  Delay in  taking  action  in  many

cases would frustrate the need for taking urgent action. In such cases if the

authorities are prima facie satisfied about the errant act of any student, they

can in appropriate cases pending final decision, suspend the student from

the institution and the hostel if any and give opportunity to him to have his

say.  Immediately,  the  police  shall  be  informed and criminal  law set  into

motion. If it comes to the notice of the university or controlling body that

any educational institution is trying to shield the errant students, they shall

be free to reduce the grants in aid and in serious cases deny grants in aids.

28. The matter shall be listed in the month of March, 2009.  

… …..............................................J

(DR. ARIJIT PASAYAT)

22

……................................................J (DR. MUKUNDAKAM SHARMA)

New Delhi, February 11, 2009

23