Kerala High Court calls for stringent anti-ragging law

The Kerala High Court recently directed the Kerala Veterinary and Animal Sciences University (KVASU) to resume disciplinary action against its Dean and Assistant Warden who were suspended after a 20-year-old veterinary student Sidharthan committed suicide allegedly due to brutal ragging by his peers [Dr Kanthanathan R v State of Kerala & ors and connected case]..While disposing of the writ petitions filed by the two suspended officials of the Pookode Veterinary College, Justice DK Singh urged the State government to enact a stricter law to ensure severe punishment for ragging in educational institutions."This Court is of the view that though the UGC Anti-ragging Regulations are stringent, they have not deterred the unruly behaviour and conduct of the students. The Regulations are not enough to curb the ragging activity in its entirety. The State, therefore, must frame a stringent law providing severe punishment for ragging activities in educational institutions to stop this menace so that no other student loses his/her life for the unruly, rowdy conduct by the undisciplined students. The State shall also make sure that the guilty found does not go unpunished," the Court said..The Dean, Dr MK Narayanan, and Assistant Warden of the college hostel, Dr R Kanthanathan, were placed under suspension in March 2024 following the death of Siddarthan, a second-year student of the College of Veterinary and Animal Sciences in Pookode. Siddharthan was found hanging in his hostel room on February 18, 2024.An anti-ragging squad constituted by the college found that he was subjected to brutal physical assault and public shaming by his peers.Following this, the Vice Chancellor sought explanations from the two officers and subsequently suspended them.Aggrieved, the petitioners approached the Court by filing separate petitions challenging their suspension from service..After analysing the facts and submissions by the parties, the Court observed that based on the separate inquiries conducted by the university appointed three-member committee and the commission of inquiry headed by former High Court judge Justice A Hariprasad, both officers were found guilty of failing to perform their duty.It was pointed out that there was serious negligence on the part of the officers in implementing anti-ragging measures in college and failure to maintain discipline at the campus.Despite these findings, the University's board of management decided to reinstate both officers and transfer them to another campus..The Court pulled up the University for this decision and said that it was unjustified, insensitive and against the directions issued by the Chancellor.It explained how the University had wrongly interpreted a communication from the Chancellor as a bar on taking disciplinary action, when in fact the Chancellor had merely sought a report on the matter.It expressed shock over the University's inaction against the officers, despite both the internal committee and the commission of inquiry holding them responsible for the administrative lapses."The insensitivity of the University in taking effective action against the persons who have been found guilty of dereliction of duty in the Three-member Committee report, as well as the Vice Chancellor of the University, who has been found guilty in the Commission’s report, leaves this Court in shock and disbelief.", the Court added..The Court, thus, directed the University to conclude the disciplinary proceedings against the officers within three months and to take strict action against students found responsible for the tragic incident.It also asked the State to frame a stringent anti-ragging law with severe punishment to deter such behaviour in educational institutions..Following Sidharthan's death, several students were booked under Sections 341 (wrongful restraint), 323 (voluntarily causing hurt), 324 (voluntarily causing hurt by dangerous weapon), 342 (wrongful confinement), and 306 (Abetment of suicide) of the Indian Penal Code of 1860 (IPC), as well as Section 3 and 4 of the Kerala Prohibition of Ragging Act.The case was later handed over to the CBI, which named 19 accused in its final report.In December 2024, a single judge had set aside the expulsion of the accused students and allowed them to take re-admission at the Mannuthy campus, but this was stayed in February 2025 after Siddarthan's mother challenged the order before a division bench..The petitioners were represented by advocates PC Sasidharan and Sneha MS.Senior counsel P Sreekumar and advocate S Prasanth appeared for the Chancellor.Advocate Manu Govind appeared for the University.Advocate Nisha George represented the mother of the deceased.Senior government pleader Premchand R Nair appeared for the State..[Read Judgment]