VISHWA JAGRITI MISSION THROUGH PRESIDENT versus CENTRAL GOVT. THROUGH CABINET SECRETARY AND ORS:

Citation: [2001] 3 S.C.R. 540 · Decided: 04-05-2001 · Supreme Court of India · Bench: R.C. LAHOTI, BRIJESH KUMAR · Disposal: Disposed off

Cited by 2 judgment(s) · see the full citation network in Lexace

Judgment (excerpt)

A 
VISHWA JAGRITI MISSION THROUGH PRESIOENT 
B 
v. 
CENTRAL GOVT. THROUGH CABINET SECRETARY AND ORS: 
MAY 4, 2001 
[R.C. LAHOTI AND BRIJESH KUMAR, JJ.] 
Educational Institutions-Ragging-What is-Need of creating 
awareness amongst students, teachers, parents and al~ concerned against 
menace of ragging emphasised-Guidelines laid down and directions issued 
C to Educational Institutions, their heads of management and teaching faculty 
and other persons incharge to curb ragging-Deterrent measures to be 
adopted against erring students-If need be matter may be reported to police 
but police -should never be violent in dealing with erring students and be 
always guided by a correctional attitude-Failure to prevent ragging to be 
D construed as an act of negligence in maintaining discipline in the institution 
on the part of management, the principal and perso'!s in authority of the 
institution-UGC and Central Government would bring these guidelines to 
notice of all educational institutions and would issue press notes. 
CIVIL ORIGINAL JURISDICTION : Writ.Petition (C) No. 656 of 
E 1998. 
(Under Article 32 orthe Constitution of India) 
Soli J. Sorabjee, Attorney Genera( Mllkul Rohtagi, Additional Solicitor 
General, Manoj Swamp, Ms. Maulina Swamp, Maninder Singh, Pratibha M. 
F 
Singh, Ankur Talwar, Ajay Shanna, C. Radhakrishila, Ms. Sushma Suri, Gaurab 
Banerjee, Sidharth Bhatnagar, Joseph Pookk~tt and Prashant Kumar for the 
appearing parties. 
The following Judgment of the Court was delivered : 
G 
Pursuant to our order dated 3.3.2001, the University Grants Commission 
has filed written submissions/guidelines. An advance copy has already been 
supplied to the learned counsel opposite. 
-
This public interest litigation highlights a menace prevading the 
H educational institutions of the country which in spite of efforts made by the 
540 
I 
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VISHWA JAGRITI MISSION THROUGH PRESIDENT v. CENT. GOVT THROUGH CABINET SEC. 
541 
.,.., 
Central Government, the University Grants Commission, State Governments A 
.._,... 
and some of the educational institutions is unfortunately showing an upwards 
trend. The petitioner seeks directions of this Court so as to curb the menace 
of ragging. 
The pleadings are complete. Inasmuch as the petition involves dealing 
with an issue which is likely to affect a large number of students and relationship B 
/ 
-
of the students inter se belonging to different age-groups and coming from 
different social and cultural background as also the relationship of the students 
with the institution, the petition needs a detailed hearing. The issues arising 
for decision cannot be dealt with through a legalistic approach only; 
sociological and psychological factors shall have to be kept in view. However, c 
all the learned counsel appearing in the case have submitted that the Court 
is shortly closing for summer vacation and by the time it re-opens most of 
the educational institutions may have become functional and therefore it 
would be in public interest if some guidelines by way of an interim order are 
laid down by this Court. Accordingly, we have heard the learned counsel for 
the parties. 
D 
In exercise of the jurisdiction conferred by Article 32 and Article 142 of 
the Constitution we issue the following guidelines :-
This Court views with concern the increase in the number of incidents 
of ragging in educational institutions. Some of the reported incidents have E 
crossed the limits of decency, morality and humanity. Some of the States have 
acted by enacting legislations and making ragging as . defined therein a 
cognizable and punishable offence. However, we feel ragging cannot be cured 
merely by making it a cognizable criminal offence. Moreover, we feel that the 
acts of indiscipline and misbehaviour on the part of the students must primarily F 
be dealt with within the institution and by exercise of the disciplinary authority 
of the teachers over the students and of the management of the institutions 
over the teachers and students. Students ought not ordinarily be subjected 
to police action unless it be unavoidable. The students going to educational 
institutions for learning should not remain under constant fear of being dealt 
with by police and sent to jail and face the courts. The faith in the teachers G 
for the purpose of maintaining discipline should be restored and the 
responsibility fixed by emphasising the same. 
-~ 
Broadly speaking Ragging is: 
Any disorderly conduct wh

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