Ragging: An Ethical Evaluation from a Human Rights Perspective

Introduction

Every year, students joining in colleges, especially in professional colleges all over India start classes with the excitement and anxiety that accompany a new venture, particularly one that will shape their lives. The new students fear not the difficult course, nor the exams nor even the strictest of teachers. They fear harassment by a group of people who are just one to four years older than them, their seniors in college. It is the harsh experience of Ragging. At a time when students feel most vulnerable, having left a protected school environment and, often, their parents and homes, this can be a harrowing experience. 

Ragging in India’s education is widespread. Media has been reporting various instances of suicides, violence, physical injuries, sexual abuse and psychological disorders, resulting because of ragging. Beyond media’s reach and authorities’ attention, thousands of students, every year are being forced to go through this experience. This issue has been attended by Judiciary and Legislatures have debated over. They have been issuing circulars against ragging and media has been sensitive enough towards this evil. But the realities regarding ragging are still the same. 

As a research student of social ethics, I think, the problem of ragging needs to be approached primarily with a human rights perspective. Social and psychological contexts are equally important, but for the purpose of this study, which seeks to deal the issue in a human rights context, such other contexts have been excluded.

Ragging: Definition

The term “ragging” means different things to different people. To some of us it constitutes just “fun and frolic” including “singing and dancing” in front of seniors. To some others, it means working on assignments for seniors and doing their daily chores. For many others it constitutes physically tiring, verbally abusive or even sexually assaulting acts. However, there is a general agreement that there must be a line defined which should not be crossed. (1)

The Supreme Court of India perhaps has given a more comprehensive definition of ragging as following: “Ragging is any disorderly conduct, whether by words spoken or written, or by an act which has the effect of teasing, treating or handling with rudeness any student, indulging in rowdy or indisciplined activities which cause or are likely to cause annoyance, hardship or psychological harm or to raise fear or apprehension thereof in a fresher or a junior student and which has the effect of causing or generating a sense of shame or embarrassment so as to adversely affect the psyche of a fresher or a junior student.”(2) 

Kerala Prohibition of Ragging Act, published in 1998, defines ragging as any act, unless the context otherwise required, by disorderly conduct, to a student of an educational institution, which causes or is likely to cause physical or psychological harm or raising apprehension or fear or shame or embarrassment to that student and includes: (i) teasing, abusing or paying practical jokes on, or causing hurt to, such student; or (ii) asking a student to do any act or perform something which such student will not, in the ordinary course willingly, do”.(3) We will divide these acts into the following broad categories. (4) A single act may be a combination of more than one of the following types of aggression.

Verbal: Verbal ragging is defined as a non-consensual conversation between the senior and freshman, where the senior humiliates the freshman, forces him to answer personally/socially-unacceptable questions/topics, teases/harasses him/her, does an exhibition of his/her superiority leading to mental trauma, uneasiness, discomfort for the fresher.

Physical: Physical ragging is defined as a non-consensual act by a senior toward the junior with the goal of hitting, inflicting physical injury or compromising the dignity of the fresher. Also, the act of asking the fresher to do something which is not normal human physical disposition; could create physical injury, health problems or lose of dignity for the freshman are considered physical ragging. In extreme cases such physical injuries may cause death. 

Sexual: Sexual ragging is defined as an non-consensual act by a senior, that of asking the junior to do something which is damaging or compromises the sexual dignity of the junior; doing an act of sexual nature with the junior. This shall comprise of asking the junior to strip, have unnatural sex, masturbate in public, touch private parts, etc.

Hazing, Fagging, Bullying, Pledging, Horse-playing etc. are different terms used in different parts of the world for this issue; but each signifying the same old practice of welcoming the fresher in a barbaric manner.

Ragging: History, Evolution and Current Situation in India

This phenomenon can be traced back to as early as 7th or 8th century A.D. In Greek culture, new candidates to the sport community were subjected to all kinds of humiliations and teasing to inculcate a team spirit in them. Gradually with the passage of time this technique was subjected to myriad modifications and was later adopted by the military forces, from there it finally entered in the education system. Since its inception in the educational arena, ragging underwent several modifications before morphing into an organized form of campus violence. During the 18th century, forming a student organization in colleges was very much in vogue, particularly in the European countries. This concept was later adopted by the U.S. universities as well. During this time ragging (called as Hazing in west) existed in its rudimentary form and was merely a ritual to test the courage of the pledge. The first ragging related death occurred in 1873 when a freshman from Cornell University fell into a gorge as a consequence of ragging. Ragging underwent a massive transformation after World-War I. It was during this time that it started to acquire its real brutal form. Soldiers returning from war re-entered the college and brought with them the technique of Hazing (ragging) learned in military camp. These techniques were used to make individual fail as an individual and succeed as a team. This philosophy of team development continued to be used in different fraternities. Eventually when fewer military students entered college these techniques were passed onto others who did not understand their purpose or usage and ragging became a brutal and hazardous exercise. Gradually in the early 20th century ragging related violence started to escalate in the western countries. In India the tradition of ragging was imported along with the English education. Though it existed in the Army and English public schools much before the country's independence, it became conspicuous only after independence. (5)

Ragging then meant seniors mocking and jesting at juniors. Till the late 60’s ragging was never a serious problem in India as it was relatively in a much milder form, primarily because higher education was confined to some particular sect of the society and hence ragging was confined only to a part of the civilized community of this country. Gradually as the higher education became more and more accessible to different communities, ragging became a soft weapon to settle the animosity between students of different castes, communities and religion etc. Deep influence of the media during the 80’s made ragging much more brutal and violent in India. Soon ragging became a measuring rod to test the grit of the seniors. Many seniors, who were reluctant to rag their juniors, finally succumbed to ‘peer group’ pressure. It is still an important factor in ragging in India. During the early 90’s rapid mushrooming of new private Engineering and Medical colleges led to several disastrous experiments with this old practice of ragging. It made Southern India a hub of this brutal activity. During the 90’s ragging related suicides began to increase at a rapid rate. (6) Today, ragging no longer exists in its brutal form at places where it actually originated but is rapidly proliferating in the under-developed and developing nations of the world. Presently Sri Lanka is the worst affected country in the world.

According to a report, in the academic year 2005-06, more than 21 cases reported in media in India. Among them there are 3 ragging deaths, 9 cases of physical injury and hospitalization (43%), 7 cases of sexual abuse (33%), 7 cases of severe mental trauma leading to hospitalization/suicide (33%). (7) This list could be just a miniscule fraction of the actual number of ragging cases that have occurred, as not all the incidents of ragging are complained to the college authorities, not every complaint is reported in the newspapers.

In the academic year 2006-07, 61 cases were reported in public media. Among them there are 2 ragging deaths, 22 cases of physical injury and hospitalization, 4 cases of sexual abuse, 12 cases of severe mental trauma leading to suicide or suicide attempt, 14 verbal abuse or humiliation leading to mental trauma and 7 other cases. (8) A report in Time Magazine states that, although the government does not keep exact figures, six suicides and three attempted suicides in the same period can be blamed on harassment, which they say is widespread at engineering and medical colleges, mostly, although not exclusively, among male students. (9)

In 1997 Tamil Nadu, which was one of the worst affected state, became the first state in India to bring legislation against ragging. In 2001, the Supreme Court of India banned ragging throughout the country. It was now left to the college authorities to enforce this law. This led to complete disappearance of daytime ragging in campus which was much healthier and a safer mode of interaction while more threatening and virulent ragging in the hostels continues to thrive in most of the colleges.

Ragging: Reasons Behind

Here we are trying to analyze what leads the young to such cruel behavior like ragging. Gastaldi di Stefano, while analyzing the behaviour of ‘Bullism’ among youth in his essay, “Bulli non si nasce”, presents the causes of bullism, after systematic surveys and interviewing many young people. He presents them in four broad categories. They are: 1) elements related to the families; 2) elements related to the society; 3) elements related to the school; 4) elements related to the youth themselves. (10). When we try to analyze the causes behind the behavioral patterns like ragging among youth, these categories are well applicable.

Formation in family

The parents or the family is the first and foremost educators of the children. When the children do not get a proper education from the parents they behave in the society badly. A child coming from a family where the father behaves violently to his mother every day may behave violently to his companions in the school or college. 

Social elements 

Today media glorifies violence and give the idea to the youth that they can use any violent methods to win their goal. Besides lack of values in the society fed by the spread of consumerism lead the young to such behaviour. Another factor perpetuating ragging is the use of alcohol and drugs among youth. Under the influence of alcohol or drugs, the students in their early ages are swayed away by emotions.

Students' Issues

One of the reasons given by students for ragging is that, as they were ragged by their seniors, so it’s their right to rag their juniors. It is perhaps the only phenomenon in which the victim himself becomes the perpetrator in a short span of just one year. What puzzles the most is the fact that the victim starts practising worst sorts of human rights abuse of the modern civil society, which he himself endured only a few months ago. Another reason is the sense of superiority. The senior in the college want to show their superiority over the juniors. So they have the idea that ‘the crueler a senior is, more terrified are the juniors. Introduction is another important reason given by students that favor the practice of ragging. Ragging is justified by these students on the ground that ragging is the only way by which the new students can be taught about the traditions of the institution. 

Youth Problems

Today anxiety, boredom, lack of imagination and ability of you organize in creative way their leisure times, are seen very much among youth. These lead them to behaviour like ragging. Ragging is also a psychological problem. The whole concept of it is based on two major superstitious beliefs about ragging i.e. first that it has a positive effect on the personality of the fresher and secondly that it helps in the interaction between the seniors and freshers. The seniors make every effort to ensure that these beliefs are well passed on to their juniors.

Ragging has also been associated with machoism. (11). Seniors, who are able to sexually or physically rag their junior, see it as an act of courage. It is because of this that many seniors who are reluctant to rag their juniors, finally succumb to peer-pressure. It is often found that not all the seniors are in favor of sever ragging but are indirectly forced to rag in order to stay in their group of friends else they are bullied by their batch mates.

Ragging from a Human Rights Perspective

We argue that it is a fundamental human right for a student to feel safe in colleges and to be secured of any kind of oppression, intentional humiliation which is implied in ragging. 

Peter K. Smith argues that the increased interest in bullying or ragging has stemmed in part from “a growing consciousness of individual rights”. (12). On 11 February 2009, the Indian Supreme Court, terming ragging as ‘human rights abuse in essence’, directed all educational institutions to take stringent anti-ragging measures, including filing criminal cases against erring students.(13). In order to adopt a human rights approach to ragging, we must first of all demonstrate that ragging, by its very nature, violates the victim’s fundamental human rights.

International Statements on Human Rights

The first modern international statement of human rights is contained in the Charter of the United Nations (UN) as the Universal Declaration of Human Rights, ratified in June 1948.

Article 26:2 of this declaration states that “education shall be directed to the full development of the human personality and to the strengthening of respect for human rights and fundamental freedoms”.(14). Though the Declaration does not specify the rights to which children are entitled, the subsequent adoption of the UN Convention on the Rights of the Child (ratified by every member country except the United States and Somalia) does articulate these rights (UN General Assembly, 1989). These include the following regulations:

Article 16(1): “arbitrary or unlawful interference with his or her privacy, family, home or correspondence (and) to unlawful attacks on his or her honour and reputation”.(15). 

Article 19(1): “all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child”.(16)

Article 19(2) of the Convention further states that “such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and as appropriate, for judicial involvement”.(17)

Finally, Article 29 (2) states that the education of the child shall be directed to “the development of respect for human rights and fundamental freedoms”.(18)

Analysis of the issue from a Human Rights Perspective

Given that consensus exists that ragging entails the intentional attempt to unjustly harm or cause distress in another individual, that the perpetrator is perceived as or actually possesses more power than the victim, and that such attacks may occur repeatedly; there is little doubt that the safety and well-being of the victim is threatened in a manner that clearly violates the protections delineated in the teachings of the church and the above mentioned articles of United Nations. Furthermore, these documents dictate that programs that remedy such injustices must be established. From a human rights perspective, then, not only can all forms of ragging be understood as human rights violations, but it is also clearly incumbent upon colleges to provide social programs that remedy such infractions and the underlying norms and structures that facilitate the violations. As such, a human rights perspective can serve to mobilize schools and local communities to address all forms of ragging.

Still, we must demonstrate that ragging not only involves the intent to cause harm or distress in one individual but that ragging indeed does cause physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation as stipulated in Article 19(1). So it is clear that in ragging the life and the development of his/her thought, his good, are subjected to unjust restrictions in the exercise of his/her rights and freedom.

Based upon nationwide surveys and media reports in India, adolescents and youth perceive ragging as a major problem in their colleges, they believe that it causes moderate to severe emotional pain, and they believe that it can and does lead to violence and even loss of life. In addition, cross-sectional as well as longitudinal studies reveal that being ragged is consistently associated with depression, loneliness, social anxiety, college phobia, and low self-esteem.

Very significantly, the harm caused by ragging varies directly with the frequency, duration, and intensity. This suggests that sanctions should be graduated in accordance with the frequency, duration, and severity of ragging and that a human rights perspective should focus first and foremost on the specific norms underlying such ragging behaviors.

Conclusion

Here we have analyzed ragging in a human rights perspective on the assumption that all human beings are entitled to an universal, inviolable and inalienable set of rights simply because of their human status and that the state and organizations and educational institutions have an obligation to uphold human rights standards. With respect to ragging in colleges, a human rights approach is inherently student centered, one that applies to virtually all forms of abuse and victimization of students. Furthermore, a human rights perspective can be used to remedy many of the practical and theoretical concerns outlined above in implementing an effective ragging prevention program.

From the above analysis it is clear that ragging is a criminal problem which has psychological roots and a social ignorance around it. It is somewhat like dowry in its characteristics i.e. the magnitude of the problem is so humongous that a top-down law enforcement approach may not be adequate to solve it. Unfortunately, ragging does not have a quick-fix solution. Passing a law or even implementing it will not solve the problem. Unless the society condemns it, ragging cannot be eliminated fully. So we require a focused and concentrated effort to educate the people.

Notes

[1] Cf. Harsh Agarwal, (et al), “Ragging in India: A Summary Report on Incidents, Social Perceptions and Psychological Perspectives”, in CURE Reports, May 16, 2007, 4.

[2] The Supreme Court of India Order May 2007, (based on Raghavan Committee Recommendations) [Reproduced verbatim from the Supreme Court of India website], ITEM NO.33, COURT NO.4, SECTION XIA, accessed from: http://www.nits.ac.in/acts/anti_ragging.pdf, on 29 January 2010.

[3] Cf. The Kerala Prohibition of Ragging Bill Received the assent of the Governor on 23rd day of April 1998 and published in the Kerala Gazette Extraordinary No. 1007 dated 24 June, 1998. In this essay when we use the term ‘Ragging’, we consider acts coming under this definition.

[4] Cf. CURE, “Ragging in India: A Summary Report on Incidents, Social Perceptions and Psychological Perspectives” in CURE REPORT: CR2007_05-16, May 16, 2007, 4.

[5] Cf. Harsh Agarwal, “Evolution of Ragging”, in CURE REPORT, CR2005/07-27, July 28, 2005. 

[6] Cf. Ibid.

[7] Cf. Varun Aggarwal, “Ragging strikes yet again”, in CURE Reports: CR2006/06-05, 1.

[8] Cf. Varun Aggarwal, “Ragging Cases 2006-07”, in CURE Reports: CR2007/08-14, 1-14.

[9] Cf. Sudhin Thanawala, “Is Hazing Worse in India?” in TIME, 170/20 (2007), 48. 

[10] Cf. Gastaldi di Stefano, “Bulli non si nasce”, in Fare Male Farsi Male: Adolescenti che Aggrediscono il mondo e se stessi, Rosci, Elena, (a cura di), FrancoAngeli Srl., Milano, 2007, 52. 

[11] Stereotypically masculine: having or showing characteristics conventionally regarded as male, especially physical strength and courage, aggressiveness, and lack of emotional response.

[12] Peter K. Smith, “Bullying and Harassment in Schools and the Rights of Children”, in Children and Society, 14/4 (2000), 295.

[13]Cf. Indian Supreme Court, “Ragging is human rights abuse: Supreme Court”, in http://igovernment.in/site/Ragging-is-human-rights-abuse-Supreme-Court, accessed on 28 January, 2010. 

[14] United Nations, “Universal Declaration of Human Rights 1948”, in Basic Documents on Human Rights, Ian Brownlie (ed.) Clarendon Press, 1998, 26.

[15] United Nations, “Convention on the Rights of the Child”, in Basic Documents on Human Rights, Ian Brownlie (ed.) Clarendon Press, 1998, 187.

[16] Ibid. 188-189.

[17] Ibid. 189.

[18] Ibid. 193-194.

Books and Articles Referred

1. Agarwal, Harsh (et al.), “Ragging in India: A Summary Report on Incidents, Social Perceptions and Psychological Perspectives”, in CURE Reports, CR2007/05-16.

2. _______, “Ragging Cases 2006-07”, in CURE Reports: CR2007/08-14.

3. Aggarwal, Varun, “Ragging strikes yet again”, in CURE Reports: CR2006/06-05.

4. Arti, A., “Ragging: A Crime that Kills”, in Indian Currents, 21/ 12 (2009), 41-42.

5. CURE, “Ragging in India: A Summary Report on Incidents, Social Perceptions and Psychological Perspectives” in CURE REPORT: CR2007_05-16, May 16, 2007.

6. Gastaldi, di Stefano, “Bulli non si nasce”, in Fare Male Farsi Male: Adolescenti che Aggrediscono il mondo e se stessi, a cura di Rosci, Elena, Franco Angeli Srl., Milano, 2007. 

7. Garg, Rajesh, “Ragging: A Public Health Problem in India” in Indian Journal of Medical Sciences, 63/ 6 (2009), 263-271.

8. Gopinath, Vijeesh, (et al.), “Nirthoo ee Krooratha” (Mal), in Vanitha, 35/6 (2009), 22-24.

9. Gosh, Srikanta S., Ragging: Unquiet Campus, Aph Publishing Corporation, New Delhi, 2000.

10. Greene, Michael B., “Bullying in School: A Plea for Measure of Human Rights”, in Journal of Social Issues, 62/1 (2006), 63-79.

11. Mullamattam, Muraleedharan, Teenagum Campusum Nammude Samoohavum (Mal), Vachanam Books, Kozhikode, 2008. 

12. Olweus, D., “Peer Harassment: A Critical analysis and Some Important Issues”, in J. Juvonen - S. Graham (eds.), Peer Harassment in School: The Plight of the Vulnerable and Victimized, Guilford Press, London, 2000, 3–20.

13. Pai, Sanjay A. - Chandra, Prabha S., “Ragging: Human Rights abuse tolerated by the authorities”, in Indian Journal of Medical Ethics, 6/ 2 (2009), 60-61.

14. Sjoberg, G., - Gill, E. A., - Williams, N., “A Sociology of Human Rights”, in Social Problems, 48/1 (2001), 11–47.

15. Smith, P. K., “Bullying and Harassment in Schools and the Rights of Children”, in Children and Society, 14/4 (2000), 294-303. 

16. Tomasevski, Katarina, Manual on rights-based education: global human rights requirements made simple. Collaborative project between the UN Special Rapporteur on the Right to Education and UNESCO Asia and Pacific Regional Bureau for Education, UNESCO, Bangkok, 2004.

17. United Nations, “Convention on the Rights of the Child 1989”, in Basic Documents on Human Rights, Ian Brownlie (ed.) Clarendon Press, 1998, 182-202.

18. United Nations, “Universal Declaration of Human Rights 1948”, in Basic Documents on Human Rights, Ian Brownlie (ed.) Clarendon Press, 1998, 21-27.

(This is a paper prepared and presented by me, as a part of the course “Giovani e comportamenti a rischio” under the guidance of Professor Giovanni Delmissier, in Accademia Alfonsiana, A Graduate institute of Moral Theology, Rome, of Pontifical Lateran University.)