Present Law Intends To Prohibit Ragging Both On And Off Campus, Committee Drafting Amendments Should Factor This In: Kerala High Court
The Kerala High Court today (July 03) asked the Working Committee, constituted to give suggestions for amendments to the Kerala Prohibition of Ragging Act 1998, to keep in mind the legislature's intention to prohibit ragging both within and outside the campus of an educational institution.
While the word 'educational institution' itself is not defined under the Act, the Special Bench of Chief Justice Nitin Jamdar and Justice C. Jayachandran noted that Section 3 contemplates a ban on ragging not just inside the educational institution but also outside its premises.
This was after the Director General of Prosecution (DG) sought to submit that the institution will have no role to play when ragging is committed outside its campus and that penal law will have to be invoked.
The bench however pointed, "A reading of this provision (Section 3) would indicate that the legislature has contemplated to prohibit the act of ragging as defined under the Act within and outside the educational institutions as long as it falls within the definition of ragging. The drafting committee, no doubt, look into the aspect."
The development comes in a PIL moved by the Kerala State Legal Service Authority (KeLSA) flagging the rising menace of ragging within educational institutions in the State.
The plea was filed after J.S Sidharthan, a second-year undergraduate student at the Kerala Veterinary and Animal Sciences University was found dead in the men's hostel washroom at Wayanad's Pookode village.
The State was directed to constitute a Working Committee to frame comprehensive Rules to curb the rising menace of ragging in the State. Upon the constitution of a Multidisciplinary Working Group, it was directed to fill the lacunae in the Kerala Prohibition of Ragging Act 1998 by suggesting amendments and framing Rules, to hold a preliminary meeting soon and devise its plan of action.
During the course of hearing today, the DG apprised the Court that the Committee had submitted two sets of drafts and after examining the same, the Home Department had decided to seek comments of the stakeholder departments before proceeding further.
The special bench has now directed that the drafts be furnished to the Member Secretary of KeLSA and Secretary of the UGC, to seek their inputs.
UGC counsel suggested that the definition of 'educational institutions' must be introduced to the Act, and it should include not just administrative offices and academic blocks but also hostels.
KeLSA counsel submitted that the definition must include both schools and colleges.
The case is posted next week for further consideration.
Case Title: Kerala State Legal Service Authority v. Government of Kerala and Others
Case No: WP(C) No. 8600 of 2025