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

My sister, Anya, who is 18 years old, commenced her first year at Aadhya Women’s Institute in Krishnapuram, Parvatha Pradesh, earlier this week. A few days ago, she was added to a digital group administered by a senior student, Riva, along with other new entrants. Within this group, Riva shared several audio clips detailing their plans for a “fresher’s welcome event.” The tone of these clips was notably rude and intimidating, raising significant concerns about potential ragging and other serious issues.

Upon reviewing the audio, it became apparent that the demands made were highly problematic. New students were instructed to procure a specific costume designed to mimic a character from a fictional movie released two decades ago, described as having a “transgender” appearance. They were told to arrive at the college in their regular attire and then change into these costumes on campus when the event began. A mandatory item for the costume was a “monkey cap,” with Riva explicitly stating, “There will be no excuses for this. If you don’t bring the costumes, including the monkey cap, there will be consequences.”

Adding to the bizarre requests, students were asked to bring fluorescent or neon shirts, with Riva suggesting they ask their fathers to bring these items to the hostel on a working day. The lack of clarity on how to obtain the “monkey cap” further underscores the arbitrary nature of these demands.

Beyond the clear elements of intimidation and classic ragging, a more disturbing aspect emerged: the potential for sexual harassment. The instruction for girls to change into specific attire on campus raises serious questions about the changing facilities, privacy, and safety during such an activity. Concerns arose regarding whether they would be alone or supervised in a safe environment.

The audio clips also contained alarming statements such as, “There is no help or escape from this. You can’t even get help by going to the college authorities.” This suggests Riva believes she holds authority above the college administration. Further, phrases like, “We will make you do dares and you can’t say no or ask for mercy. You have no choice but to enjoy it and accept it,” highlight the coercive and demeaning nature of the planned event.

For me, this situation is deeply personal. My best friend identifies as transgender, and through them, I have a strong network within that community. The thought of new students being traumatized by being forced to portray a ‘transgender’ caricature raises profound concerns about the lasting psychological impact and how it might affect their future interactions with transgender individuals.

Most recently, Riva sent another voice note reiterating the mandatory nature of the costume and the monkey cap, threatening “apt consequences” for non-compliance. This can only be interpreted as a direct threat. The fact that such threats are being openly shared via voice notes suggests a concerning level of impunity or a deeper, more sinister intent.

Initially, I tried to give Riva the benefit of the doubt and asked Anya to discreetly inquire among her peers. Second-year students confirmed that last year’s event was “brutal,” with some freshers being made to cry. While some students on social media were initially dismissive, validating my concerns after hearing the audio clips, it became clear this was not a sanctioned or common practice, but rather an illicit and harmful activity. Given the documented nature of these threats, I intend to pursue legal action to ensure this behavior is addressed appropriately and to prevent any further escalation or harm to my sister and other new students.

Advice in such cases ⚖️

If you or someone you know is facing a similar situation, it is crucial to act promptly and strategically:

• Document Everything: Preserve all evidence, including voice notes, text messages, screenshots of group chats, and any communication related to the incident. Note down dates, times, and names of individuals involved.
• Do Not Confront Alone: Avoid direct confrontation with the perpetrators, as this can escalate the situation or put you at risk.
• Inform College Authorities: Immediately contact the college’s Anti-Ragging Committee, Dean of Students, or other relevant disciplinary bodies. Provide them with all documented evidence.
• Seek Legal Counsel: Consult with a legal expert specializing in education law and criminal law to understand your rights and the available legal remedies under Indian law.
• Prioritize Safety: Ensure the safety and well-being of the victim. If there is any immediate threat, contact the police.

Applicable Sections of Law 📜

In India, ragging is strictly prohibited and is a criminal offense. The legal framework addressing such incidents includes:

• UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009: These regulations mandate every educational institution to prevent ragging and take strict action against offenders. Colleges are required to have anti-ragging committees and squads.
• Bharatiya Nyaya Sanhita (BNS), 2023: This new criminal code replaces the Indian Penal Code (IPC) and covers various offenses that can be invoked in ragging cases:
  • Section 117 (Act causing grievous hurt by dangerous means): While this specific section focuses on physical harm, the psychological trauma inflicted can be severe and may be considered in a broader context of harm.
  • Section 130 (Voluntarily causing hurt): If any physical injury, however minor, is inflicted.
  • Section 131 (Voluntarily causing grievous hurt): For severe physical harm.
  • Section 140 (Criminal intimidation): For threats of injury to person, reputation, or property, or causing alarm. The voice notes clearly fall under this.
  • Section 79 (Outraging the modesty of a woman): If the acts, such as forcing specific attire or humiliating actions, are intended to insult the modesty of a woman or cause her to believe that her modesty will be outraged.
  • Section 80 (Sexual harassment): If the acts involve physical contact or advances, a demand or request for sexual favours, showing pornography, or making sexually coloured remarks, or any other unwelcome physical, verbal or non-verbal conduct of sexual nature. Forcing demeaning costumes with sexual undertones, especially in potentially unsafe changing environments, could be construed as sexual harassment.
  • Section 20 (Abetment): If others instigate, conspire, or intentionally aid the commission of such offenses.
  • Section 121 (Wrongful restraint): If students are unlawfully prevented from proceeding in any direction.
• Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023: This new procedural code replaces the Criminal Procedure Code (CrPC) and governs the process of criminal investigation, arrest, prosecution, and trial. It outlines the procedure for filing an FIR (First Information Report) and subsequent police action.

If you are the complainant 🗣️

As a complainant, your actions are crucial for a successful outcome:

• Gather Comprehensive Evidence: Compile all voice notes, messages, emails, and any other communication. If there are witnesses, encourage them to provide statements.
• Formal Complaint to College: Lodge a formal written complaint with the college’s Anti-Ragging Committee and the Principal/Director. Ensure you receive an acknowledgment of your complaint.
• File a Police Complaint (FIR): File a First Information Report (FIR) at the local police station under the relevant sections of the BNS. Provide all evidence to the police.
• Seek Legal Representation: Engage a lawyer to guide you through the process, ensure proper legal procedures are followed, and represent your interests.
• Maintain Records: Keep a meticulous record of all communications, meetings, and actions taken by you, the college, and the police.

If you are the victim 🛡️

Being a victim of ragging can be deeply distressing. Remember, it is not your fault. Here’s what you should do:

• Speak Up: Do not suffer in silence. Confide in a trusted family member, friend, or counselor.
• Seek Support: Reach out to the college’s counseling services or external mental health professionals for emotional support.
• Cooperate with Investigations: Provide honest and detailed accounts to the college authorities and the police.
• Know Your Rights: Be aware of your rights as a student and a victim under anti-ragging laws and criminal statutes.

How the police behave in such cases 👮

With the implementation of new laws like BNS and BNSS, and heightened awareness around ragging and harassment, the police are generally expected to be more responsive and sensitive to such complaints. They are obligated to:

• Register an FIR: Upon receiving a cognizable complaint (like those involving criminal intimidation or outraging modesty), the police must register an FIR.
• Investigate Thoroughly: Conduct a fair and impartial investigation, gather evidence, record statements, and identify the perpetrators.
• Ensure Safety: Take steps to ensure the safety of the victim and prevent further harassment.
• Adhere to Procedures: Follow the procedures outlined in the BNSS for investigation, arrest (if necessary), and filing a charge sheet.
• Sensitivity: Police personnel are increasingly trained to handle cases involving women and vulnerable groups with sensitivity and professionalism. However, persistence from the complainant’s side, possibly with legal assistance, can often ensure a more robust response.

FAQs people normally have 🤔

• What constitutes ragging? Ragging includes any act that causes or is likely to cause physical or psychological harm or raises apprehension or fear or shame or embarrassment to a student, including forcing a student to do any act which has the effect of causing or generating a sense of shame or embarrassment or danger to his/her life. The UGC regulations provide a detailed definition.
• Is this specific incident considered ragging? Absolutely. The demands for specific costumes, the intimidating tone, the threats of “consequences,” and the coercive nature of the event clearly fall under the definition of ragging and criminal intimidation.
• Could this also be considered sexual harassment? Yes, potentially. Forcing students to change into specific attire on campus, especially if it is demeaning or has sexual connotations, and in an environment where safety and privacy are questionable, could be construed as sexual harassment under BNS Section 80 and the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, if applicable in a broader sense to the campus environment.
• What if the college tries to cover it up? If the college fails to take appropriate action or attempts to cover up the incident, you can escalate the matter to the UGC Anti-Ragging Cell, the higher education department of the state, and pursue criminal proceedings directly with the police and courts.
• Can I remain anonymous? While anonymity can be challenging in a formal legal complaint, you can discuss options with your lawyer and the authorities about how to protect the identity of the victim during certain stages, especially in media interactions. However, for a formal police complaint or college inquiry, the identity of the complainant is usually required.

What evidence is required? 📝

To build a strong case, the following evidence is crucial:

• Voice Notes/Audio Recordings: The primary and most damning evidence in this case.
• Text Messages/Chat Logs: Any written communication from the senior or group chats.
• Witness Statements: Accounts from other freshers or second-year students who can corroborate the incident or past incidents.
• Photographs/Videos: If any part of the event is documented visually.
• College Anti-Ragging Policy: A copy of the college’s official anti-ragging policy to show violations.
• Medical Reports: If any physical or psychological harm has been suffered and medical consultation was sought.

How long will the investigation take? ⏳

The duration of the investigation can vary significantly:

• College Internal Inquiry: Typically, colleges are mandated to complete internal inquiries promptly, often within a few days to a couple of weeks, as per UGC regulations.
• Police Investigation: A police investigation can take anywhere from a few weeks to several months, depending on the complexity of the case, availability of evidence, and cooperation of witnesses. The BNSS sets timelines for certain procedural steps.
• Court Proceedings: If the case goes to court, the trial duration can range from several months to a few years, depending on the court’s caseload and the legal complexities involved.

Advocate Sudhir Rao, Supreme Court of India