The Kerala High Court formed a Special Bench to review a PIL by KeLSA on enforcing anti-ragging laws due to ongoing violations, emphasizing legislative gaps and need for stronger measures.
The Kerala High Court has constituted a Special Bench to hear a Public Interest Litigation (PIL) filed by KeLSA, seeking stronger measures to prevent ragging across the state. The case will be heard today by Chief Justice Nitin Jamdar and Justice C Jayachandran.
Advocate Parvathi, representing KeLSA, submitted their locus standi to proceed with the PIL.
The High Court acknowledged KeLSA’s locus, but emphasized that existing legislation is already in place, raising the key question: “How to resolve this?”
The Kerala High Court is now scrutinizing the Prohibition of Ragging Act, 1998, ensuring strict enforcement of anti-ragging laws. Key provisions under review include:
🔹 Section 3 – Absolute prohibition on ragging, reinforcing a zero-tolerance approach.
🔹 Section 4 – Penalties for offenders, emphasizing stringent legal consequences.
🔹 Section 5 – Dismissal of convicted students, ensuring educational institutions remain safe spaces.
🔹 Section 6 – Suspension provisions, allowing immediate action against accused individuals.
🔹 Section 8 – Rule-making powers, enabling authorities to strengthen anti-ragging policies.
The Court’s detailed review highlights the seriousness of ragging and the need for strict legal safeguards to protect students from harassment and abuse.
The father of a Sophia College student, who tragically took her own life due to ragging, appeared before the Court via an online hearing, seeking permission to intervene in the case.
He stated that his relentless legal battle led to the enactment of the Prohibition of Ragging Act by the Kerala government. However, despite the law being in place, ragging continues unabated in educational institutions, raising concerns over the failure of enforcement and the need for stricter measures.
Calling for stronger implementation, he urged the Court to take stringent action against perpetrators and institutions failing to curb ragging, ensuring no other student suffers the same fate as his daughter.
The Court emphasized that it will first examine the existing legal framework and assess the effectiveness of the 2009 UGC Regulations in tackling ragging incidents. Authorities must ensure strict enforcement to create a safe educational environment and strengthen institutional accountability.
Advocate Parvathi referenced the landmark Supreme Court judgment in University of Kerala v. Council of Principals of Colleges (2009), which played a crucial role in shaping anti-ragging policies across educational institutions in India.
However, a legal gap remains in the Kerala Prohibition of Ragging Act, 1998, as it clearly defines the term ‘Head of the educational institution’ but fails to define ‘educational institution’ itself.
This lack of clarity could lead to ambiguities in enforcement and interpretation, potentially affecting the implementation of anti-ragging measures.
To ensure stronger legal safeguards, experts emphasize the need for legislative amendments that provide a comprehensive definition of educational institutions. This would ensure uniformity and strict enforcement of anti-ragging laws across all academic settings, preventing loopholes in legal implementation.
With the Kerala High Court’s scrutiny and the persistent demand for justice, this case is expected to set a significant precedent in strengthening anti-ragging measures across the state.
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