CAN RAGGING IN THE EDUCATION SYSTEM  BE TERMED AS DEFICIENCY IN SERVICE

 

            It is an old saying that the largest tree you have ever seen is the result of a single seed  sown by a teacher at a very tender age of the child.The impact meticulous teachers make on the young minds ,hearts ,spirits and lives of those whom they educate is immense and incalculable.

It reminds me of a little story -Once a teacher gave an assignment to his young students to draw something for which they were grateful. A student, who was very timid child of the class, had drawn only a hand which made the whole class laugh at him. Some observed -it is like a policeman, other suggested half done work or hand without arm and so on .The teacher went close to the child and asked what he meant for the hand he had drawn.The child replied ‘Its your hand teacher ’The child was grateful for the Support he received from the teacher and expressed it through a symbol, the hand.

This was the attitude of gratitude among the students we can trace.

            But today, we are left horrified under an atmosphere where ragging by the students in the educational institutes has made teachers, parents and administration totally helpless. It is an uncontrolled mob ruling over the system. No ideology, ethical values carry any meaning for them and they are terrorizing the system and every walk of life.

The concept of ragging must have developed initially for the purpose of creating bonding between seniors and juniors in the form of introduction but it has taken so ugly shape in the last two decades that it has become a terrorizing act leading to financial extortion or sexual abuse, forcing obscene acts and gestures and even ending up with rape .It is no less than the treatment  given to the prisoners confined to jails. Indulging into ragging is reprehensible aberrations eradicating all the  values from our education system. It reflects how our academic institutions are badly suffering from erosion of sensitivity. The form of ragging seen is a result of mental sickness creeping among the students

            Series of ragging events leading to depression and deaths of students alarmed some of the NGO’s to wake up and they worked as bull fighters against this social evil. It was a suicide note by a student before ending his life which had shaken the society.

 

‘My death will bring about a change’

Said Amman Satya Kachroo, student of Dr Rajendra Prasad Govt. Medical College Tanda District Kangra Himachal Pradesh who was subjected to ragging and who ended his life.

 

            A religious and cultural organization Vishwa Jagriti Mission filed a PIL (Public Interest Litigation)No 656 of 1998 Vishwa  Jgriti Mission v Central Govt. through Cabinet secretary & others before the Supreme court of India The bench comprising  two judges Justice R.C Lahti and Justice Brijesh Kumar  took a remarkable step by constituting a committee headed by Dr R.K.Raghwan ,former director of CBI to look into the matter and prepare a report .The report was presented before the Honb.Supreme Court. Hon’b.Supreme court noted:

                        “ragging can be stopped by creating an awareness amongst students ,teachers and parents that it is a reprehensible act which does no good to any one and by simultaneously generating an atmosphere of discipline by sending a clear message that no act of ragging shall be tolerated and any act of ragging shall not go unnoticed and unpunished.’’

This was the observation and noting   made by the Hon’ble Supreme Court of the country.

                        With the result in the recent past, four students were expelled from the college for four years when found guilty of indulging into ragging activities. There was again dust and storm on the issue when those students were back to the college.

                        Is the institute guilty of deficiency in services for not providing sufficient safe guards to the students against such evil. Further, can the college refuse to take back those students who had undergone the punishment for specific period as imposed upon them? Will it not be deficiency in service on the part of college if refuse to reinstate depriving them of their right to education

                        For reply to this question, we need to check with the word deficiency in services as provided in the Consumer Protection Act .As per the provisions, service provider is to provide the services for the consideration paid to him and any default in doing so shall amount to deficiency in services .Educational institute is bound to develop proper infrastructure and system which should be adequate for providing the services so promised .It may include all safety norms which can by all means safeguard the students from any untoward incidents .

                        On the other hand, Ragging is an act done by the students of the institute harassing the other students of the same college or school and as such students cannot be identified by the institute till the dangerous act of ragging is performed, it is totally unpredictable in nature. There may be a presumption that some candidate appears to be naughty, aggressive or of disruptive behavior by nature. But this presumption alone cannot give any right to the institute to take any action against any one nor can there be any warning unless some undesired act is done.  .Under the circumstances, no negligence can be attributed to the institute charging it for deficiency in services. .But if the institute does not follow the preventive measures set and directions issued by the authorities, institute shall surely fall short of owing to their responsibility. 

                        After the pronouncement of the above said judgement, Govt. of India was given directions to act upon the observations and guidelines given by the Spreme Court. UGC also took immediate action by framing Regulations under section 26(1)(g) of the University Grant Commission Act They are called “UGC Regulations on  curbing the menace of ragging in Higher Educational Institutions, 2009”.These regulations  were circulated to the various  Universities /Institutions for implementing by them.

                        Regulations issued by the UGC had some important features meant for the institutes to follow as hereunder:

1.      Every institute shall constitute a committee to be known as Anti-Ragging committee headed by the head of the institute and consisting of representatives of civil and police administration.

2.      Institute shall also constitute smaller body called Anti –Ragging Squad for maintaining vigil, oversight and patrolling functions.It may make surprise raids on hostels and other places vulnerable to ragging activities

3.      A mentoring Cell consisting of students shall also be constituted at the end of every academic year for promoting the objectives of the Regulatons .

4.      Professional counselor is referred for counseling the fresher’s for preparing them for life ahead.

           

                        Above are the check points to be set up by the colleges and schools in order to avoid any incident but if for any reason it could not be avoided, all preventive measures as suggested shall come into play .But if preventive measures are not made available in the disaster situation, institute can now be deficient in services for negligence on their part.

                        As on date, no case of ragging has come up before consumer courts charging for deficiency in services against the academic institute.But keeping in view the hue and cry raised by the public at large,it is necessary to understand that there cannot be any mechanism  by which any such incident of ragging can be predicted .The only way out is to stringently check and ascertain that every institute follow the above directions in order to avoid such incidents. While charging for deficiency in services against the institute, we need to check first whether the institute has ignored any of the provisions cited above, whether necessary committees are formed and are acting as per guidelines.Absence of such provisions and system of observing guideline issued by the authorities and the apex court will certainly amount to deficiency in services on the part of institute. 

Though we all are concerned and worried about the state of affairs we find in our education system ,yet should never forget about a ray of light existing somewhere .Sun never sets ,it’s the position of sun and movement of earth which brings darkness .Hence lets pray-  “Tamso Ma Jyotir Gamaya …..”

We will see light one day

                                   

 

DR PREM LATA

Member Consumer Dispute Redresal Forum-Delhi

www.consumerawakening .com

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