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D.H. Nasir, J.—As per Newspaper report which appeared in Deccan Chronicle dated 3-12-1996, one Ms. Padmaja, Aged 24 years, student of Post Graduate Master of Computer Applications Course at the Manpower Development College, Marredpally, Secunderabad committed suicide in her house as she was unable to bear the ''ragging'' in the college. The deceased joined the college during the last week of November, 1996. She was subjected to ragging by her seniors in the college, who asked her to sing or dance in front of others. She was pinched and pushed by the students when she refused to yield to their demand. She complained to the Lecturers, but the same was of no avail and no steps were taken to protect her from ragging, and she became too emotional and suddenly took the extreme step of hanging herself The members of her family hesitated to lodge a complaint with the police. A neighbour reported the matter to the police and the body was eventually moved to hospital for post-mortem examination.
This matter was taken up as Public Interest Litigation and was registered as Writ Petition No.26132/1996, and the same was heard by a Division Bench of this High Court. Respondent 6 and 7 being the Medical and Health Secretariat of the Government of Andhra Pradesh and the District Superintendent of Police, Kurnool respectively were directed by an interim order passed on 27-12-1996 to make immediate arrangements for round the clock vigilance and protection of the victims (both men and women) of offending behaviour of B. Navinkumar and others, to ensure that no male student or teacher was permitted into or around ladies cloak room or in the women''s hostel, except such persons who may be permitted by the Warden and only at such places where they could meet any girl student of the hostel in the presence of Warden or any other Officer appointed for that purposes by the Principal of the College. The learned advocate Mr. M. V.S. Suresh Kumar, consented to take up the case as Amicus Curiae on behalf of the petitioner.
The Director of Manpower Development College, West Marredpally, Secunderabad in his counter affidavit dated 23-12-1996 refuted the Newspaper report in respect of the death of Ms. Padmaja. He denied any ragging at all in the college. According to him, on 29-11-1996, which was a Friday, only one introductory interaction took place in the college for about half an hour between the seniors and freshers, and that Padmaja did not attend the college on 29-11-1996. This was no ragging, according to him. He further states that the victim did not die due to ragging. He went to the extent of staling on oath that what he learnt was that the parents in order to protect their honour in society, indulged into concealing the real reasons of her death and gave a wrong version.
Twelve students of the Manpower Development College, Marredpally have filed affidavits unanimously saying that there had been no ragging in their college and that there was no ragging either on 27th, 28th, 29th or 30th November, 1996. In the presence of a Senior staff P. V. Ramana, only senior students were introduced to the freshers and it is merely a healthy and disciplined introduction, and that no senior student or no student misbehaved with B. Padmaja, student of the First Year M.C.A. Class.
Respondent No. 11, Registrar in Andhra University, Vishakapatnam, in his counter affidavit dated 15-1-1997 stated that no incident of ragging came to the notice of the University Administration. Respondent No.14, Registrar in Kakatiya University, Warangal, states in his counter affidavit that he received a Memo dated 27-9-1995 from the Commissioner of Collegiate Education directing him that steps should be taken to stop ragging, and the University Administration sent a copy of the same to all the Principals of the constituent and affiliated colleges for taking necessary action. In para four of his counter affidavit, he states that during the current year, two candidates by name Vamsi Mohan and Rambrahmareddy were found having been involved in ragging and that the Principal of the University College of Pharmaceutical Sciences withheld the result of Vamsi Mohan and Rambrahmareddy was suspended from the college. He further states in his counter affidavit that the Vice-Chancellor had been instructing the Principals, Heads of Departments, Chief Warden and all Wardens of the hostels of the University to take all preventive and remedial measures to see that there was no ragging.
The 15th respondent, V. Krishnaiah, Assistant Registrar, Nagarjuna University, asserted that in the campus of Nagarjuna University, no instance of ragging was reported. The 16th respondent, Prof V. Jayarami Reddy, Registrar of Sri Venkateswara University, Tirupati states in his counter affidavit that the Vice-Chancellor gave instructions to the Principals of all the constituent-colleges of the University as well as to all Heads of various Departments and Wardens of various University-hostels, directing them to take all necessary steps to prevent ragging in the University campus and to bring to the notice of the Vice-Chancellor the incidents of ragging, if any, and to keep close vigil to prevent ragging. He further states in his counter affidavit that the Principal, N.B.K.R Institute of Science and Technology by his letter dated 21-11-1996 reported that there were no incidents of ragging in his institute for the last two years and that the first year students were fully protected by Staff Members almost round the clock and all the Members of the Staff were making frequent rounds in the premises of the Institute to prevent any ragging and that plain clothed police personnel were also posted to keep a watch outside the campus to prevent incidents of ragging. The Principal, K.S.R.M College of Engineering, Cuddapah also reported no incidents of ragging. The Principal, Sri Venkateswara University, College of Engineering by his letter dated 28-10-1996 reported that in the last two or three years, there were a few incidents of ragging, which according to him were minor and explanations were called for from the students involved in those incidents and that punishments like expulsion from hostels and suspension from the college for some time were imposed on them and that the situation was under firm control and free from ragging.
Not being satisfied with the contentions and averments made in the counter affidavits filed by the respondents, the Bench directed an enquiry to be made into the incident and in pursuance of the same, B. Sreenivasulu, Additional S.P (Operations) Mahabubnagar conducted a discreet enquiry and submitted his report to the Chief Justice of the Andhra Pradesh High Court dated 26-12-1996. It is revealed from his report that the menace of ragging was pervading the atmosphere of colleges in most of the professional colleges. For containing the ragging activities, the Principal of Kurnool Medical College (KMC) constituted an Anti Ragging Squad (ARS) with some of the staff members including Wardens and Deputy Wardens of both men and women''s hostels. But, inspite of good efforts put forth by ARS members, ragging of freshers by seniors was going on in the premises and that this created fear psychosis in the minds of the freshers, especially among men students. Although, seventy men students took admission into the men''s hostel, only fifteen (15) students were staying in the hostel and the remaining fifty five (55) students were staying outside. It was also learnt that even these fifteen (15) students who were staying in the men''s hostel were coming to the hostel late to avoid ragging by seniors. However, it was learnt that all the twenty eight (28) first year girl students who took admission in the women''s hostel were slaying in the hostel only, as they were feeling secure in the hostel. The women''s hostel was situated in the Medical College premises, whereas the Men''s hostel was about 1/2 a kilometer away from the Medical college, and it was situated out of the College/hospital premises.
It is further reported that Dr. P. Seshanna was a Professor of Orthopaedics in KMC and his son B. Navin Kumar was studying in 3rd year M.B.B.S in the college, and it was a fact that Dr. B. Seshanna while working in this college was trapped by Anti Corruption Bureau (ACB) officials for accepting a bribe of Rs.600/- from one Dudekula Dastagiri, a resident of Rampuram of Ouk Mandal of Kumool District on 7-6-1995. He was transferred from Kumool Medical College to Rangaraya Medical College, Kakinada, basing on the preliminary enquiry report submitted by Director General, ACB. It was also learnt that B. Seshanna, managed his posting to be made at Kurnool Medical College in November, 1996 and that he was still continuing there as Professor of Orthopaedics.
Reverting to his (B. Seshanna) son''s activities, the Police Officer reported that B. Navin Kumar was a IIIrd year M.B.B.S student. He was a chronic referred (put back) and that he was not attending the College regularly and was found to be actively involved in ragging activities. On 30-11-1996, B. Navin Kumar, along with his two companions who were both outsiders and non-medicos were apprehended by Anti Ragging Squad Member Dr. Saranganath, while they were ragging one 1st year girl student Kum. Kiranmai, in front of ladies cloak room. All the three of them were produced before Dr. Christopher, Principal by Dr. Saranganath and the Principal took apology letters from both the outsiders i.e., Srinivasa Reddy and Kiran Kumar and informed their parents about their activities on telephone. The Principal also informed about the ragging activities of Navin Kumar to his father Dr. Seshanna on phone. Though, Kum. Kiranmai, gave a letter to the Principal about this incident, she did not complain anything in that letter. The Principal also informed him (the Police Officer who conducted the enquiry) that he came to know about extorting of money by Navin Kumar ranging from Rs.50/- to Rs.200/- per student from some of the freshers to organise parties for themselves. One 1st year student H. Obula Subramanyam son of Krishnaiah, Conductor in APSRTC, resident of Venkatagiri of Nellore District confessed that Navin Kumar extorted Rs.200/- each from him and his colleague Suresh, 1st year student, at 6.30 p.m. on 15-12-1996 at the hostel premises. He also stated that while extorting money, Navin Kumar told him that he had to organise a drink party and asked to join the party, but they refused and ran away from there after paying money to Navin Kumar. On coming to know about the incident, the Principal, convened a staff council meeting on 21-12-1996 and gave warning to all the senior students regarding extorting money from freshers. The Principal also stated before the Reporting Officer that he informed in the staff council meeting that some of the children of staff members were involved in ragging activities and asked the staff members to warn their children. The Principal also stated that on 23-12-1996 Mr. Seshanna, rang up to him and said that his son was being harassed on caste lines (they belong to Scheduled Castes) and his son wanted to commit self immolation before the Medical College by writing letters to the concerned authorities.
The reporting Officer further states in his enquiry report that casteism was creeping among students and even in staff members (between forward caste and scheduled caste) in the college.
As far as the raping incident is concerned, the Officer reports that he personally visited all the three places mentioned in the petition i.e., Tennis Court, Car Shed by the side of Pathology Department and ladies cloak room All these three places, according to him, were situated nearby on the route from Hospital''s back side gate to women''s hostel via Pathology Department and both the Tennis Court and the Car Shed were in open places and were situated by the side of the Black Top road. The ladies cloak room was situated in an old building in which the work shop, physical Director''s room and Gent''s clock room were situated. The Principal and the Vice-Principal informed him (reporting officer) that all these rooms were kept open between 7.00 am. to 7.00 p.m. and were kept locked during night times. In the day time, many students used to sit in those rooms either for taking rest or for playing indoor games. Besides this, at a distance of about 200 or 300 yards, a Treasury Office was there on the ground floor of Forensic Science building and this treasury was guarded round the clock by Armed Reserved Police Personnel. Without disclosing the offence of rape, the reporting Officer requested the Principal to ask Dr. Janaki, Deputy Warden of women''s hostel and Madakka, Caretaker in women''s hostel to check up with the girl students in general, whether any senior male student had ragged them or misbehaved with them. They verified and slated before him (the reporting Officer) that none of the girl students (freshers) residing in the hostel had complained of any ragging activity. The reporting Officer also caused confidential enquiry to be made, but nothing came to his notice and expressed on opinion that the alleged rape might not have occurred.
Regarding the allegation of weak administration, the Officer reported that though some ragging incidents and extortion of money came to his notice, the Principal did not prefer any complaint to Police or initiated any other action, saying that no fresher (victim) had preferred any written complaint to him. The Principal expressed an apprehension that the students might agitate against him if he made any complaint against any of the students. However, some of the Anti Ragging Squad members like Dr. Saranganath, appeared to be taking pains and trying his best to contain these activities within the college premises.
The Officer further reports that Dr. Deva Sankaraiah told him that he detained Navin Kumar in Pharmacology subject for want of attendance and Dr. Sheshanna did not interfere with him in any way. However, Dr. Christopher told him (reporting Officer) that about one year back when he was the Incharge Principal of the College, Dr. K. Soma Sekhara Reddy Professor of Physiology came to him and said that Dr. Seshanna approached him for condonation of attendance of his son Navin Kumar in Physiology subject and Professor Reddy sought the advice of Incharge Principal, who asked Professor Reddy to act according to the rules and thereafter, Navin Kumar was detained in Physiology subject. However, the reporting Officer states that he could not secure the presence of Dr. Soma Sekhar Reddy, Professor of Physiology to confirm this aspect.
In the penultimate para of his report, the Additional Superintendent of Police, slates that his confidential enquiries revealed that some senior men students in the process of ragging first year men students were some times going to the extent of forcing the boys to strip off their clothes, but when it came to ladies, some of the senior men students were found to be in the habit of using obscene and filthy language and sometimes asking embarrassing questions to the girl students and were humiliating them in the name of ragging.
From perusal of the report of the Police Superintendent, no finding could be recorded that the attempt of committing rape on the deceased had been made, but it cannot be gainsaid contrary to the refutations made by several college authorities, who are impleaded as respondents in the writ petition, [hat the menace of ragging was prevalent in most of the colleges and that outsiders had access not only to the college premises, but even to the hostels meant for girl students. At least one admission has unanimously come on record that the system of introducing freshers to the second year and final year students had been prevailing in most of the colleges, as could be seen from the record including the report of the Police Officer that this system of ''introduction'' used to degenerate into ragging, which warranted the necessity measures to be taken for curbing the menace of ragging.
The learned Amicus Curiae Mr. M. V. S. Suresh Kumar, while agreeing with the report dated 26-12-1996 of the Additional Superintendent of Police (Operations) submitted that no material came forward to believe that the deceased was subjected to rape or that any raping incident had taken place at the relevant time. However, the learned amicus curiae pointed out that the report did bring home certain bare truths about ragging activities in the college which included extortion of money using obscene and filthy language, stripping and causing embarrassment to girl students etc., In essence, therefore, the report reflected the existence or presence of sadistic element which was interested in causing harassment and embarrassment to the freshers in the college, particularly the female freshers and that ragging had become more or less a social enigma and that no effective solution for curbing the same had been introduced so far. It had almost acquired the dubious reputation of an inescapable event in the process of college education. He also submitted that so far no legislative steps had been taken to annihilate this outrageous activity of notorious elements in college studies, but a Bill had recently been introduced which provided for certain legislative measures for curbing and controlling the menace of ragging. But, according to the learned Counsel, this High Court as the highest seat of justice in the State of Andhra Pradesh, which has already taken note of the grave and alarming ramifications of ragging may evolve essential guidelines for curbing and controlling the same, so as to establish a congenial atmosphere for students including the freshers to prosecute their studies without any hindrance and with confidence that their modesty would be protected by the persons in authority.
We are in full agreement with the submissions made by the learned Amicus Curiae. This being a public interest litigation taken up from a Newspaper report, it is obvious that no specific relief may be solicited to examine and decide what measures are required to be taken in the interest of safe and unobstructed prosecution of studies in congenial environment and whatever relief as may be found to be just and proper on the question affecting the society at large and the student community in particular could be extended.
In this background of the present PIL, we believe that positive steps are required to be taken in the direction of ameliorating the conditions for fearlessly prosecuting studies in the college campuses. Before laying down any guidelines for that purpose, we must take into consideration the Bill already introduced in the Legislative Assembly on 13th September, 1996 which calls for the enactment of a statute under the name and style of "Andhra Pradesh Prevention of Ragging in Educational Institutions and Public Places Act, 1996" which is proposed to extend to the whole State of Andhra Pradesh. In the statement of objects and reasons, it is envisaged that the practice of ragging by old students on new entrants had become very common in colleges, hostels attached to it and other places of public resort and there had been several instances of brilliant students committing suicides unable to bear insults by old students and to prohibit such evil practices. Section 2 of the Bill defines "Ragging" as including "decking", teasing by which any person is insulted and put to mental agony by anything done against his/her wishers or consent. Section 3 provides for prohibition of Ragging in Educational Institutions and Public Places and hostels of any Educational Institutions. Ragging in whatever form indulged into is prohibited. Section 4 provides for penalty for indulging in the acts of ragging laying down that whoever indulges in such activities as stated in the said section shall be punished with imprisonment for a period of two years or with fine or with both. Section 5 enables the Educational Institutions to debar such persons from studies in Educational Institutions and lays down that notwithstanding the punishment that may be inflicted on persons indulging in ragging, the fraud of the Educational Institution or the Manager of any Hostel or other places of public resort, may debar such persons from continuing their studies or remaining in the hostels with immediate effect.
The Bill restricts its scope only to the extent as stated above, which in our opinion is grossly insufficient for curbing and controlling the menace of ragging. An Ordinance has been promulgated in the State of Tamil Nadu being Ordinance No. 10 of 1996. Apart from what is included in the Bill introduced in Andhra Pradesh Legislative Assembly, the Ordinance of Tamil Nadu also provides for immediate suspension of the student from the Educational Institution, who is alleged to have committed the offence under the said Ordinance and the decision of the Head of the Educational Institution or the person responsible for the management of the Institution, under sub-section (1) of Section 6 of the said Ordinance is to be treated as final.
If the Head of the Educational Institution or the person responsible for the management of the Educational Institution fails or neglects to lake action in the manner specified in sub-section (1) of Section 6 when a complaint of ragging is made, such person shall be deemed to have abetted the offence of ragging and shall be punished as provided for in Section 4, as contemplated u/s 7 of the Ordinance. Section 8 provides for the rules to be made by the State Government for carrying out all or any of the purposes of the Ordinance. The provisions made in Sections 6, 7 and 8 of the Tamil Nadu Ordinance No. 10 of 1996 do not find place in the Andhra Pradesh Bill No.20 of 1996. The State Government would do well not only to incorporate similar provisions in Bill No.20 of 1996, but may also keep in view the following guidelines which are being directed by this Court in the event of ragging found to have taken place in any Educational Institution of the State.
Before laying down necessary guidelines, it is pertinent to take into consideration the existing provisions in various other statutes which could be invoked in the cases of ragging. Sections 294, 503, 506 of the Indian Penal Code could be looked upon for that purpose. Section 294 provides that whoever, to the annoyance of the other,
(a) does any obscene act in any public place, or
(b) sings, recites or utters any obscene songs ballad or words, in or near any public place,
is liable to be punished with imprisonment of either description for a term which may extend to three months or with fine or with both.
Section 503 of the Indian Penal Code deals with Criminal intimidation in the following terms :
"Whoever threatens another with any injury to his person, reputation or property, or to the person or to the reputation of any one in whom that person is interested, with intent to cause alarm to that person, or to cause that person to do any act which he is not legally bound to do, or to omit to do any act which that person is legally entitled to do as the means of avoiding the execution of such threats, commits criminal intimidation."
Hyderabad City Police Act, 1348 Fasli, can also be invoked for the purpose of bringing to books any person alleged with the offence of ragging. Section 70 of the said Act, provides for indecent acts in streets etc., and lays down that whoever in any street or public place or place of public resort -
(a) is in such state of intoxication as not to be able to protect himself,
(b) behaves in an iridescent riotous or disorderly manner,
(c) uses any threatening, insulting or obscene words or gestures likely to disturb public peace or cause public nuisance,
shall be punished with imprisonment for a term which may extend to eight days or with fine which may extend to fifty rupees.
This provision of the Hyderabad City Police Act, may appear to have a very limited scope of application in the cases of ragging and the punishment provided for the same is also not sufficient to call it a deterrent punishment for the purpose of containing the mischief called ragging. But all the same it could still be resorted to either in conjunction with the offence punishable under Indian Penal Code or under the Special Act for curbing and controlling the menace of ragging.
We are also of the considered opinion that the following guidelines should also be complied with, while endeavouring to deal with ragging.
(1) The Educational Institutions should provide for the constitution of a committee consisting of the parents and guardians of the students taking education in their institute, as well as two representatives of the students'' union, if any, apart from the Principal and a representative of teaching staff in that institute for establishing the code of conduct for the students as well as the members of the teaching staff of the Educational Institute and to review the same by regularly calling a meeting of the committee of parents etc., which may be constituted for this purpose. The committee should recommend to the management whether any steps are required to be taken against any student who may have violated the code of conduct and the school management should take necessary remedial measures as expeditiously as possible, but not later than four weeks from the date of the recommendation so made by the parents'' committee.
(2) No person who is not a student of the concerned Educational Institution shall be allowed to enter the premises of that Educational Institution or its hostel without obtaining prior written permission of the Principal of that Institute.
Provided that the parents or the guardian of the students shall not be required to take such permission in writing.
(3) Any student found to be indulging in any ragging activity shall be suspended immediately after communication is sent to him under the signature of the Principal of the concerned Educational Institution stating that he is alleged of indulging in ragging activity. Such student shall be debarred from entering the campus of the Educational Institution or its hostel, except on any day at any time when he is called upon by the authority of the school or by the parents committee for tendering explanation or for defending his case.
(4) No person who is not studying in the given Educational Institution shall be allowed to enter any hostel of boys or girls attached to the concerned Educational Institution. However, by obtaining prior written permission of the Warden of the hostel, he may be so allowed;
Provided, however, that in case of girls'' hostel, no male student or any male person shall have any access to a girl inmate of the hostel except in the presence of the care taker of the ladies'' hostel apart from obtaining advance permission of the Warden for that purpose.
(5) Any girl inmate of the hostel who has gone out of the hostel premises for a personal errand shall return to the hostel latest by 9.00 p.m. if she is delayed, she should render written explanation there and then to the Care Taker of the hostel, who shall allow her to enter the hostel and occupy her seat in the room allotted to her on such written explanation submitted by her. The written explanation so submitted shall be forwarded to the Warden of the hostel by the Care Taker as soon as possible, but not later than 9.00 a.m. on the next day.
(6) Any boy or girl student should keep the identity card issued by the concerned Educational Institution in his/ her possession and offer the same for verification as and when demanded by any authority of the school or hostel or any member of the staff of the school or hostel who is authorised to verify the identity of the concerned student.
(7) Teachers taking the 1st year classes will leave the class at the end of the period only after the next teacher arrives.
(8) Teaching staff and Warden will be at liberty to check and inspect the hostel area at any time during night.
With regard to the criminal liability arising out of the incident of the suicide having been committed by Ms. Padmaja, we are given to understand that prosecution against the persons accused in the crime has already been initiated and, therefore, we do not consider it desirable to intervene at this stage in that proceeding.
This Public Interest Litigation is therefore, disposed of with the guidelines as laid down in this judgment in the event of ragging in any Educational Institution.
At this stage, we record our appreciation for the valuable assistance rendered by the learned Amicus Curiae Mr. M.V.S. Suresh Kumar in highlighting various aspects of ragging and the measures to be taken for curbing the same.
The writ petitions are disposed of accordingly.