Is It Ragging or Sexual Harassment? Understanding Student Rights

Explained Below

If you are stuck in such a situation, here is what to do. 🚨

My younger sister, Anya, who is eighteen, commenced her first year at Stellar Heights Academy for Women early last month. A few days later, she was added to a private messaging group, managed by a senior student, Ms. Zara Varma, along with other new entrants. Within this group, Ms. Varma disseminated several unsettling voice notes outlining their ‘welcome event’ plans for the upcoming weekend. The institution is situated in Krishnapuram, a city in the northern region of the state of Bharathpur.

The voice messages, undeniably from the group administrator, carried a distinctly rude and intimidating tone. Recognizing my personal proximity to the situation, I sought external opinions by sharing them with other students and alumni who had offered support online. Their unanimous reaction confirmed my initial apprehension: this was far from a normal welcome.

The instructions included a demand for freshers to procure a specific costume, designed to portray a transgender character from a film released decades ago. The new students were expected to arrive at college in their regular attire, only to be compelled to change into these costumes and remove all makeup once the ‘event’ commenced. A particular item, a ‘monkey cap,’ was declared mandatory for the costume. Ms. Varma’s voice note left no room for doubt, stating, “There will be no excuses for this. Failure to bring the complete costume, including the monkey cap, will result in severe consequences.”

Adding to the absurdity, she insisted the girls bring fluorescent or neon shirts, casually remarking that “everyone’s father will have one” and instructing them to have their parents deliver these items to the hostel on a weekday. Curiously, no guidance was offered on how to obtain the mandatory monkey cap.

For me, these instructions unequivocally constitute textbook ragging and an overt act of intimidation, providing ample justification to confront the college authorities. I had already formulated a plan of action, but a conversation with a few friends introduced a more complex dimension to the issue.

The critical question emerged: could this be construed as sexual harassment? The directive to change into specific attire on campus, particularly given the nature of the costume, raised immediate concerns. Where would these young women be expected to change? Would they be unsupervised? And most importantly, would their safety and privacy be compromised during this forced transformation?

The voice notes further intensified my alarm, explicitly stating, “There is no help or escape from this. You cannot even seek assistance from the sisters.” This chilling assertion suggested that the senior student believed herself to possess an authority that superseded even the college’s established figures of power. Another segment of the audio declared, “We will make you do dares, and you cannot refuse or plead for mercy. You have no choice but to enjoy it and accept it.” The notion of ‘enjoying’ such a coercive experience seemed utterly perverse.

This particular aspect resonated deeply with me, as my closest friend identifies as transgender. Through them, I have cultivated a strong network within the community. The thought of these freshers being traumatized by being forced to mimic a transgender identity during a ragging event, and how that might negatively impact their future interactions with transgender individuals, was profoundly disturbing.

Just yesterday, Ms. Varma sent yet another voice note, reiterating the mandatory nature of the costume, including the ‘monkey cap,’ and emphasizing that “students who fail to bring it will face apt consequences.” This, to me, clearly constitutes a direct threat.

The fact that Ms. Varma felt comfortable sharing such coercive and threatening messages via voice notes from her personal number, knowing they could be easily disseminated to faculty, police, and parents, raised serious concerns. It suggested either a profound naivety or a disturbing capacity for more severe actions in private. I chose to interpret this as a direct threat, not just to Anya, but to our family’s peace of mind, and resolved to act strictly within legal parameters.

Initially, I attempted to extend the benefit of the doubt. I asked Anya to discreetly inquire among her second-year peers. Their revelations were alarming: last year’s ‘welcome event’ was reportedly brutal, with several freshers reduced to tears by their seniors. Serendipitously, I also connected with a few other students from Stellar Heights Academy who had responded to my earlier online posts. Initially, they were dismissive of the idea of ragging, claiming no knowledge of such incidents in their second year. However, upon hearing the audio clips, they were visibly shocked and immediately validated my concerns, confirming that this was neither a common practice nor an officially sanctioned activity.

My intention is now to proceed legally, ensuring every step is meticulously documented. This approach will allow any further escalation from the implicated seniors to be treated as a subsequent and more serious offense, enabling us to pursue the matter with the full force of the law. For Anya’s safety and well-being, I am prepared to exhaust all necessary resources.

Advice in such cases ⚖️

Ragging is a serious criminal offense in India, strictly prohibited by law and university regulations. If you or someone you know is facing such a situation, it is crucial to act promptly and decisively. Do not suffer in silence, as silence often emboldens the perpetrators. Remember, you have legal recourse and support mechanisms available.

Applicable Sections of Law 📖

While specific state anti-ragging laws and the UGC (Prevention, Prohibition and Punishment of Ragging in Higher Educational Institutions) Regulations, 2009, are primarily applicable, the acts committed during ragging can also fall under various provisions of the Bharatiya Nyaya Sanhita (BNS) and are investigated under the Bharatiya Nagarik Suraksha Sanhita (BNSS):

• Bharatiya Nyaya Sanhita (BNS), 2023:
  • Section 115 (Criminal Intimidation): For threats of harm or consequences, as evident in the voice notes.
  • Section 107 (Assault or use of criminal force to deter a public servant from discharge of his duty / to any person with intent to commit an offence): If physical force is used or implied to compel someone to perform an act.
  • Section 76 (Sexual Harassment): The act of forcing girls to change into a specific costume of a transgender character, especially under coercive circumstances and potential privacy violations, could be construed as sexual harassment or an act intended to outrage modesty.
  • Section 106 (Voluntarily causing hurt): If any physical injury is inflicted during the ‘dares’ or other activities.
  • Section 45 (Abetment of an offence): If multiple individuals conspire or aid in the ragging acts.
  • Section 108 & 109 (Wrongful Restraint / Wrongful Confinement): If students are prevented from leaving the premises or confined against their will during the event.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This procedural law governs the registration of First Information Reports (FIRs), investigation procedures, arrest, bail, and trial processes for all criminal offenses.
• UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009: These regulations mandate every college to have an Anti-Ragging Committee and Anti-Ragging Squad. They outline severe penalties for individuals and institutions found guilty of ragging, including suspension, expulsion, and withholding of results.

If you are the complainant 🛡️

As a complainant (e.g., a family member or guardian), you should take the following steps:

• Gather Evidence: Collect all available evidence such as voice notes, screenshots of messages, witness accounts, and any physical evidence.
• Lodge a Formal Complaint with the College: Immediately approach the college’s Anti-Ragging Committee or the Head of the Institution. Submit a written complaint detailing the incident, attaching all evidence. Insist on an acknowledgment of your complaint.
• File an FIR with the Police: Do not hesitate to file a First Information Report (FIR) under Section 173 of the BNSS at the local police station. Ragging is a cognizable offense, meaning the police can register an FIR and begin investigation without a magistrate’s order. Provide all evidence to the police.
• Contact the National Anti-Ragging Helpline: You can call 1800-180-5522 or email helpline@antiragging.in. This is a UGC initiative and can provide additional support and intervention.
• Document Everything: Keep a meticulous record of all communications, meetings, and actions taken, including dates, times, and names of individuals involved. This documentation will be crucial for any legal proceedings.

If you are the victim 💔

If you are the student being ragged:

• Speak Up: Share your experience with a trusted family member, friend, teacher, or counselor. Do not internalize the trauma.
• Refuse to Participate: You have every right to refuse to participate in any activity that makes you uncomfortable, humiliated, or unsafe.
• Seek Support: Reach out to the college’s Anti-Ragging Squad, a faculty member you trust, or the college counselor.
• Document Everything Discreetly: If possible, record voice notes, take screenshots, or note down details of the incidents, including dates, times, and names of seniors involved, without putting yourself at further risk.

How the police behave in such cases 👮‍♀️

Under the Bharatiya Nagarik Suraksha Sanhita (BNSS), the police are legally obligated to:

• Register an FIR: Upon receiving a complaint about a cognizable offense like ragging, the police must register an FIR without delay.
• Investigate: They are required to conduct a thorough investigation, collect evidence, record statements, and identify the culprits.
• Take Action: Based on the investigation, they will proceed with appropriate legal action, which may include arrest of the perpetrators, filing a charge sheet, and prosecution.
• Protect the Complainant/Victim: The police should ensure the safety and privacy of the complainant and the victim throughout the process.

If the police are hesitant to register an FIR, you can approach a higher-ranking police officer (e.g., Superintendent of Police) or file a complaint directly with a Judicial Magistrate under Section 156(3) of BNSS, who can then direct the police to register an FIR and investigate.

FAQs people normally have 🤔

• Can I remain anonymous? While anonymity might be desired for fear of retaliation, it often complicates a thorough investigation. However, colleges and police are mandated to protect the identity of victims and witnesses to the extent possible. You can discuss this with the authorities.
• What if the college tries to cover it up? If the college fails to act or attempts to cover up the incident, you should escalate the matter to the UGC Anti-Ragging Helpline, the police, and potentially the relevant state education department. Legal action can also be taken against the college administration for negligence.
• What are the penalties for ragging? Penalties can range from suspension and expulsion from the institution to imprisonment and fines, depending on the severity of the offense under specific anti-ragging laws and the BNS.
• Can I withdraw the complaint? Yes, a complaint can generally be withdrawn, but it is advisable to consult with a legal expert before doing so, especially if the matter has progressed to a police investigation or court proceedings. Withdrawal might not always be straightforward, especially for serious offenses.

What evidence is required? 📝

Strong evidence is crucial for a successful complaint and prosecution:

• Voice Recordings: The voice clips mentioning threats, mandatory costumes, and dares are vital.
• Text Messages/Chat Logs: Screenshots of group chats, individual messages, or emails related to the ragging.
• Witness Statements: Accounts from other freshers, or seniors who can corroborate the incident.
• Photographs/Videos: Any visual evidence, if available and safely obtained.
• Medical Reports: If any physical or psychological harm occurred, documented by a medical professional.
• Formal Written Complaints: Copies of complaints submitted to the college, UGC, or police.

How long will the investigation take? ⏳

The duration of an investigation can vary. College-level inquiries are usually faster, often concluded within a few days to weeks as per UGC guidelines. Police investigations, especially if leading to a charge sheet and trial under BNSS, can take several months or even longer, depending on the complexity of the case, the cooperation of witnesses, and the collection of evidence. However, the initial registration of an FIR and preliminary action should be swift.

Advocate Sudhir Rao, Supreme Court of India