I wanted to write a bit about ragging in Sri Lanka from a definite point of view. I am mainly focusing on the Prohibition Of Ragging And Other Forms Of Violence In Educational Institutions Act, No. 20 of 1998 which is a mandatory act that all university students of Sri Lanka must abide by.
# Definition
Ragging is defined as: Any act which causes or is likely to cause physical or psychological injury or mental pain or fear to a student or staff member of an educational institution.
The perpetrator, the one who attempts ragging, could be any person.
The law goes on to define specific acts that count as ragging or related offences.
# Criminal Intimidation
Threatening a student or a staff member, verbal or written, to cause injury to them or someone close to them, or their reputation or property.
# Wrongful Restraint
Illegally blocking or preventing a person from moving in a direction they have a right to move without lawful cause.
# Unlawful Confinement
Restricting a person’s freedom by enclosing them within certain boundaries or locking them so they cannot leave, without their consent or lawful reason.
Wrongful restraint stops someone from going somewhere, while unlawful confinement stops someone from escaping from somewhere.
# Hostage Taking
Forcibly restricting a student’s or a staff member’s personal liberty or freedom of movement to force them to take a particular action.
# Forcible Occupation
Entering and occupying any building or space belonging to (or managed by) the institution by force, without permission or legal justification.
# Damage to Property of Institution
Causing wrongful damage, destruction, or harmful interference to property owned or controlled by the educational institution, without lawful excuse.
If a person is convicted of Hostage Taking, or causing grievous hurt, sexual harassment, they shall not be released on bail except by the judge of a High Court. That explains the severity of these offences.
Beyond legal definitions, several studies are done on different aspects of ragging. I am using one of such studies done by University Grants Commission of Sri Lanka, Report on Prevalence of Ragging and Sexual and Gender Based Violence in the Sri Lankan State Universities as a reference.
# Consequences
When a perpetrator is found guilty of ragging, they may be subjected to institutional and/or legal consequences.
Institutional consequences include:
- Be expelled, if the perpetrator is a student
- Be dismissed, if the perpetrator is a staff member
And legal consequences include:
- Be imprisoned
- Be fined
The duration of imprisonment and amount of fine are determined based on the gravity of the offence.
# Imprisonment
In general, the perpetrator is liable to imprisonment for a term of not exceeding 2 years. If the ragging involves grievous hurt, sexual harassment, the perpetrator may be imprisoned for a term of up to 10 years.
For specific kinds of ragging, the imprisonment period differs.
| Type of Ragging | Imprisonment Period |
|---|---|
| Criminal Intimidation | Up to 5 years |
| Hostage Taking | Up to 7 years |
| Wrongful Restraint | Up to 7 years |
| Unlawful Confinement | Up to 7 years |
| Forcible Occupation | Up to 10 years |
| Damage of Property of Institution | Up to 20 years |
# Fine
The court may fine the perpetrator to pay a fine to the victim. The amount will be determined by the court.
In case of damaging property of the institution, the perpetrator may be fined either 5000 LKR or thrice the cost of the damage caused, whichever is higher.
# Examples
Here are some examples for ragging, which feels like a norm:
| Scenario | Is it Ragging? | Explanation |
|---|---|---|
| A fresher being intimidated not to sit next to a senior on campus. | Yes | Criminal intimidation. |
| A fresher forced and threatened to wear a specific dress code by a senior. | Yes | Criminal intimidation. |
| A senior forcefully occupying a hostel room of a fresher. | Yes | Forcible occupation. |
| Verbal abuse | Yes | Physcological injury. |
# Why It’s Bad
Ragging leads to physical injuries, psychological trauma, and even death in severe cases.
The above-mentioned UGC’s report documents a few cases to show how ragging escalates into severe injuries.
Accordingly, at one time a fresher suffered a brain injury when a senior student tried to knock a ball off his head with a hockey stick.
Although the above case is not from Sri Lanka, similar incidents have occurred here in many different universities. Anyone who supports these kinds of activities should seriously reconsider their stance.
The same report mentions that:
Since all students are victims before they become perpetrators, we approached all participants as the victims they once were, rather than the perpetrators they may now be.
This shows how ragging becomes cyclical, passed from one generation of students to the next.
# Positive Effects?
Many cultures and literature argue that ragging has some positive effects, such as:
- Building camaraderie and friendships among students.
- Helping new students to adjust to college life.
- Teaching new students important life skills, such as resilience and adaptability.
These claims only apply to friendly initiation events where participation is voluntary, which is not what the law calls ragging. In general, ragging is a punishable offence to this day, and will be treated as such.
# Any Issues?
As I already mentioned, I am not a lawyer (not even a law student). Please reach out to a professional if you require serious advice on this topic.
If you find any issues with my understanding of the law, please do let me know so I can correct them. I will keep the above up to date as much as I can.