In 1998, the parliament of Srilanka unanimously passed the ‘Prohibition of ragging and other forms of violence in Educational Institutions Act, No 20 of 1998’. It is identified as an Act to eliminate ragging and other forms of violence, and cruel, inhuman and degrading treatment, from Educational Institutions.
In terms of the Act, “Ragging” means ‘any act which cause or is likely to cause physical or psychological injury or mental pain or fear to a student or a member of the staff of an educational institution’
Forms of the ragging according to the Law
Criminal intimidation
Hostage taking
Wrongful restrain
Unlawful confinement
Provision of the act stated that
Any person, who commits or participates in ragging within outside of the Educational Institution, shall be guilty of an offence under this act.
If a sexual harassment or grievous hurt is caused whilst committing ragging the person is liable to imprisonment for a term of not exceeding 10 yrs.
If the victim is threatened to cause injury to the person, reputation or property of some other person of whom the victim is interested, with the intention of causing fear in the victim compelling the victim to do any act which the victim is not legally required to do, or to omit to do any act which the victim is entitled to do, shall be guilty of an offence and on conviction be liable rigorous imprisonment for a term not exceeding 5 yrs.
Any person restricting the personal liberty and the freedom of movement of any other person shall be guilt of an offence and be liable to rigorous imprisonment for a term of 7 years.
The provision of this Act shall be made effective in addition to the provisions of the penal Code and the Convention against Torture and Other Cruel. Inhuman regarding Treatment or Punishment Act No.22 of 1994.
This statute clearly shows the government’s objective to totally remove the inhuman and barbarian act of ragging from Srilankan Educational Institutions. University administration authorities have the right to take the action against these brutal acts. Though the higher education authority has the right to take severe action, until this Act No.20 of 1998 enacted none of the university authorities took any strong action against the students and other who are involved in the ragging.
This drafted legislation clearly explains the definition of ragging, forms of ragging and applicable penalties, legal proceedings and interpretation of terms. And the Act specifies the relevant Higher Educational Institutions coming under the Act and that includes all the Higher Educational Institutions established under the Universities Act No.16 of 1978.
The provisions of these Acts additionally say that, in terms of by Laws of each Higher Educational Institution, action can be taken against those who engage in inhuman and violent acts by that Institution.
The steps which a victim can follow are
Inform the authorities of the Higher Educational Institutions.
The provisions made under part of XIV of the universities Act No.16 of 1978 on establishing student unions and other Associations are follows:
Section 112
Each Higher Educational Institution shall have a University Student Union.
Each Faculty of the Higher Educational Institution shall have a faculty Student Union.
Section 115 Any Higher Educational Institution may recognize any Union, Society or other Associations of Students of that Institution for the purpose of furthering academic or social objective, provided that the membership of such Union, Society or other association consists entirely of students of that Institution.
Section 118
If any Union or Society to other association of a Higher Educational Institution conducts itself in a manner, which, in the opinion of the principal executive officer of that Institution, obstructs the proper administration of that institution, or acts in contravention of the Universities Act or any other Union, such principal executive officer may suspend or dissolve such Union, society or other association, as the case may be.
Pave the way to police to take actions under the above mentioned ragging Act by lodging an entry at the nearest Police Station.
The party who accuses another of having committed an offence has the burden to prove the offence. And the parties, who have abused or misused the process, have gone beyond merely filling a lawsuit
No comments:
Post a Comment