[SundayObserver] Legal framework on university ragging and establishing student unions

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Every citizen of Sri Lanka, belonging to any ethnic group, race, religion or caste or any social position should come within the existing law of the country. The Penal Code, Civil Procedure Code and other statutory laws subject certain human activities into criminal or civil liability. These precepts ensure the right to life and the freedom to live for all citizens.

Further, the human rights of citizens of Sri Lanka are protected in terms of the Constitution of the Democratic Socialist Republic of Sri Lanka which is the supreme law in the country. According to this Constitution, any citizen can produce a petition to the Supreme Court in terms of the article 126 of the Constitution in case of a human right violation or a case closer to the infringement.

The Constitution further highlights ruthless, brutal or contemptuous treatment to any party by another as a violation of human rights.

University students are also considered as citizens and are subjugated to the Common Law that prevails in the country. Accordingly, the constitutional constrains specified above are equally applicable to university students. Any form of civil or criminal offence executed by them are liable to be punished and in an instance of violation of such rights committed by university students, they shall be produced before the relevant Court and subject to suitable punishment that followed by the trial.

University education is the outcome of free education. It is a privilege for being able to acquire higher education gratuitously for Sri Lankan students who complete their secondary education successfully. Each student entering the University/Higher Educational Institution should prioritize the idea of reaping the best harvest out of it.

The Government allocates about Rs. 15 billion per year out of the decentralized budget on university education and a considerable sum is allocated on students’ learning needs. libraries, and other service facilities as well as the welfare needs. The students should be mindful to utilize the maximum use out of the money spent and complete their education successfully to step into the society as responsible human beings.

However, there has been an apparent increase in ragging in recent times and other forms of violence in the university system. In contrast to its original idea of making it an entertaining process to befriend the fresher, it has gradually become a strategy to fulfil various mental, physical and political needs of a certain group of people.

This is not a phenomenon that can be accepted in any civilized society. It has been revealed that a considerable number of university students has dropped out due to physical and mental disability caused by ragging. As a result a Parliament Act namely,

Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act, No. 20 of 1998 was passed.

As specified in the detailed note of the Act, it is identified as an Act to eliminate ragging and other forms of violent and cruel inhuman and degrading treatment from educational institutions.

In terms of the Act, ragging means ‘any act which causes 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’.

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.

Provisions of the Act are as follows:

* Any person who commits or participates in ragging within or outside the Educational Institution, shall be guilty of an offence under this Act and on conviction after summary trial be liable for a term not exceeding two years.

* The victim shall be paid a compensation of an amount determined by court in respect of the injuries caused to such person.

* If a sexual harassment or grievous hurt is caused whilst committing ragging the person is liable to imprisonment for a term not exceeding 10 years on conviction after a summary trial. In addition he may also be ordered to pay a compensation of an amount determined by Court to the victim.

* 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 or 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 for rigorous imprisonment for a term not exceeding five years.

* Any person restricting the personal liberty and the freedom of movement of any other person shall be guilty of an offence and be liable to rigorous imprisonment for a term not exceeding seven years.

*Any person unlawfully obstructing the right to proceed in any direction of another person shall be liable to the above mentioned punishment.

* Any person unlawfully restricting the other person from proceeding beyond certain circumscribing limits can be punished as stated above.

* Any person occupying premises of an Educational Institution by force without a lawful excuse or causing damage to any such property shall be on conviction after a summary trial and can be imprisoned for terms not exceeding 10 years and 20 years respectively and shall be liable to a fine as stated in the Act.

* In addition to the above mentioned punishments the convict can be expelled from the institution by the Court. (Article 8)
* A special provision of the Act is that, if a person suspected or accused of committing an offence of sexual harassment or causing a serious injury whilst ragging in terms of Section 2 of Subsection (2) of the Act in an Educational Institution, he/she shall not be released on bail expect by the High Court.
* The provisions 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 or Degrading Treatment or Punishment Act No. 22 of 1994.

The above mentioned provisions clearly explain that convicts are subjugated to severe legal constraints. It is evident that the main intention of laying down restrictions over the act of bailing out is to ban inhuman acts from Educational Institutions.

In addition to these provisions, 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!

1. Inform the authorities of the Higher Educational Institution; and

2. Pave the way to Police to take actions under the above mentioned ragging Act by lodging an entry at the nearest Police Station.

Accordingly, a convict is liable to be subjugated to the punishment under the Act and other forms of punishments and fines ordered by the Court in accordance with the other legal provisions. Further, it is emphasized that the studentship is automatically cancelled and naturally is subjected to disgrace and insult.

The provisions made under Part XIV of the Universities Act, No. 16 of 1978 on establishing Student Unions and other Association are as follows:

* Section 112:-

1. Each Higher Educational Institution shall have a University Student Union.

2. Each Faculty of the Higher Educational Institution shall have a Faculty Student Union.

3. Selection of office bearers of these Unions and their activities should be defined by the Councils of the respective Higher Educational Institutions through by-laws.

* 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 objectives, 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.

* Accordingly, it is emphasised that the students of the Higher Educational Institutions are authorized to establish only the following unions/societies and other associations:

1. University Students Union,

2. Faculty Students Unions and

3. Societies formed for the sole purpose of furthering academic or social objectives as stated in Section 115 of the Act.

* Any person manipulating students in the guise of Student Unions or disturbing the Management of the Higher Educational Institutions/Institutes or obstructing the education of same are liable to be severely punished under the prevailing civil law and the by-laws of the Higher Educational Institutions.

* Finally, the students are warned that they should not use the above unions/associations to achieve political objectives.

[NewNation] 9 PSTU students expelled from hall for ragging

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Our Correspondent, Barisal

Patuakhali Science and Technology University authority expelled nine students from the hall on Sunday for six months following torturing a newly admitted student in the name of ragging on Saturday night in room no. 206 of Keramat Ali Hall

Dr. Md. Golam Rabbani, provost of Keramat Ali Hall and Dr. Abu Haider, registrar of the university acknowledged the fact said that and academic steps were taken against them. Related sources said Rakib Al Faisol, Md. Shahadat Hossain, Md. Shahinoor Parvez, Md. Saiful Islam Faisol, Md.Salauddin,Md. Shamim Ahmed, Md. Pavel Howladar of second semester of agriculture faculty and Tousik Ahmed Tonmoy and S M Rahat of third semester of business administration faculties physically and mentally assaulted Md. Kamruzaman, a newly admitted BBA student at room-206-A of the hall in the name of ragging.

[DailyNews] The law and the universities

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Punyaratne Edirisinghe

Universities are the institutions that teach and examine students in many branches of advanced learning, awarding degrees and providing facilities for academic research. In short, Universities shall be the learning centres maintaining highest intellectual and academic environment.

Initially, some acts and Ordinances were enacted to be established the Universities and related institutions to achieve these objectives. Unfortunately, the gradual decrease in discipline and the perpetual increase in some other developments compelled the successive governments, University Grant Commission and governing authorities of respective Universities to introduced stringent laws, severe rules and strict by-laws. Universities are not the places that have immunity from law suit or from the country's common law.

The community of Universities does not have the privilege of a President under Article 35 of the so called JR's Constitution. If not, the University community is ignorant unconscious of the regular law of the land that predominates and excludes the arbitrary excise of power by indiscipline groups.

Mmaxim

There is a legal maxim that the ignorance of the law does not excuse (ignorantia juris neminem execusat) when the mistake is pleaded as a defense , the mistake must be one of fact, not of law. This was simply stated in the English judgment of the case R v Bailey (1800).

"Every man must be taken to be cognisant of the law; otherwise there is no knowing of the extent to which the excuse of ignorance might be carried. It would be urged in almost every case."

And also Blackstone, an eminent jurist observed that "Every man of England, in judgment of law, party to the making of an Act of Parliament, being present thereat by his representatives."

These facts are quite applicable in Sri Lanka's context as well. By reason of the ignorance of these facts, some University students recently protested against the Anti-ragging act and demanded its withdrawal.

It was an Act that was passed in parliament without any objection. There are some provisions in the Constitution of Sri Lanka to get involved in the law- making process for the public. In terms of the Article 78(1) of the Constitution every bill shall be published in the Gazette at least seven days before it is placed on the order paper of Parliament.

Within the one week of the bill being placed in Parliament, it is open to any member of the Public to challenge any bill in the Supreme Court by way of a Written Petition. No proceedings can be continued in relation to such bill in the Parliament until it is determined by the Supreme Court.

Effective

Hence it is advisable to get familiarised with laws that are effective in respect of Universities and what laws made established the University system in Sri Lanka.

The establishment of the University of Ceylon, the first ever University in Sri Lanka is really a creation rather than an historical evaluation.

Until the third decade of the past century, the younger generation of the elite community were enrolled for the Universities and the higher educational institutions of the Western countries and obtained their higher degrees in varies fields including law.

Such productions and the English speaking elites played a dominant role in the independent struggle and some of them were involved in the process of the establishment of the University of Ceylon.

And also the governor-generals, higher officials and the distinguished academics of the colonial government, as they did in the field of Public Administration and bureaucratic system, wanted to set up Cambridge, Oxford-type Universities in the inland. And they honestly and frankly did it by introducing two important ordinances.

These two Ordinances were proclaimed in the colonial period to achieve their targets, namely the Ordinance no. 20 of 1942 and ordinance no.26 of 1943.

Even though they are British-oriented laws, it contained some rational and extraordinary provisions which are worth being continued forever within the context of University. Therefore the subsequent law makers were not hesitant to lay down these provisions as those were in original Ordinances.

The section 4 of the Ordinance no. 20 of 1942 states as follows. "The University constituted by this Ordinance shall have its seat in or near Kandy .....''. Later the operation of section 4 was suspended by the Gazette no. 8945 of 12th June 1943.

The suspension of the said section indicates that the location of the University had been concluded and that it was none other than that of Peradeniya. There is no doubt that the honour in selecting such a seat should go to late Sir Ivor Jennings.

Secondly the section 6(a) to (o) had mentioned the powers of the University. All these sub section were fully introduced by the makers of the act no 16 of 1978.

Profession

The most important Section of the said Act no. 20 of 1942 is the section 7 which states as follows; "The University shall be open to all persons of either sex and of whatever race, creed or class and no test of religious belief or profession shall be adopted or imposed in order to entitle any person to be admitted as a teacher or student of the University, or to hold any appointment therein (other than that of Warden of a Hall of Residence), or to graduate thereat or to hold, enjoy or exercise any advantage or privilege thereof: " This section might have been introduced by foreseeing tragic events such as ragging and sexual harassments which are defined in Anti-ragging act No. 20 of 1998.

The two Ordinances (20 of 1942 and 26 of 1943) had not mentioned more about the student's discipline. Section 6 (m) of the Ordinance states as follows; The University of Ceylon has the power "to regulate and provide for the residence, discipline, and moral, mental, physical well-being of officers, teachers, and students of the University.''

The said section is the only provision that mentioned in the ordinances about the discipline and more emphasis had not been given for the discipline or moral conduct of the students. Meanwhile in the present context, more emphasis has to be given for the laws on discipline by reason of several reasons.

This has been clearly stated by Higher Education Minister Prof. Wiswa Warnapala, in his article published in the Daily News on 18th August 2007, as follows; "The elitist orientation of the early period has disappeared in; in other words, student belonging to the Urban middle class or the affluent sections of the Sri Lankan society, have declined and the dominant position of the public schools has also decline.''

One of the significant features of the Act no 16 of 1978 is the establishment of the University Grants Commission. And one of the objects of the University Grants Commission, as stated in section 3(iv) of the Universities Act, No.16 of 1978, is "the regulation of the administration of Higher Educational Institutions."

During the past thirty years, the Commission has sought to do this through a number of circulars embodying the decisions of the UGC taken from time to time. There has been no single publication where these decisions have been codified.

Taking into account such decisions (NOT ALL) and the establishments code of the government of Sri Lanka issued by the department of Public Administration, the University Grant Commission some years ago, prepared an Establishments Code only as a guide. The contents thereof must necessarily be changed or refined from time to time as conditions and situations get changed.

Power

By virtue of the power conferred under the section 135 of the said Act No. 16 of 1978, the respective Universities can make by laws as it is a body corporate with perpetual succession and a common seal.

Accordingly by laws can be made, subject to the provisions of the act, by the councils, the governing authority, in respect of the matters mentioned in the section 135 (!) . The by-laws shall not be made beyond the power granted by the original enactment. If the by-laws exceed the power granted by the original enactment, such by-laws would be ultra vires.

According to the ultra vires principle the action taken under such by-laws, can be challenged in a competent court. For example, the Section 29 of the Act No. 16 of 1978 states the powers of a University. If the respective University exceeds the powers beyond those conferred on it explicitly or implicitly the ultra vires principle applies.

The principal enactment, the Act no 16 of 1978 has been amended by the Act No. 7 of 1985. In terms of the section 76 of the said amendment "University" means. a) The University of Ceylon established under the Ceylon University Ordinance; b)Any university established under the Higher Education Act, No.20 of 1996; c)Any University established under the university of Ceylon Act, No.1 of 1996; and d)Any Higher Educational Institution established under the Universities act, No.16 of 1978.

The above meaning of the University has been expanded by the Anti-ragging Act. In addition to the said amendment, the Original enactment has been amended by the Act No. 24 0f 1988, Act No. 26 0f 1988, Act no 33 of 1988, Act No. 3 of 1989 and Act No. 01 of 1995.

The amendment made by the Act No. 26 0f 1988 is more important with regard to the students Unions. The said amendment repealed the section 117 0f the principal enactment and new schedule was introduced under section 8. The said section has laid down the duties and functions of the university students Union.

Some of them are; To foster the spirit of corporate life among students of the university; To organise and supervise in consultation with the governing authority student welfare activity in the university, recreational facilities , spiritual and religious activities, the counselling of student and the supply of meals and refreshment; To afford a recognised means of communication with the authorities of such higher educational institution on matters relating to or connected with living and working conditions of the students; To be represented on any other body which may, in accordance with the rules made by the governing authority for the purpose, be appointed to undertake student welfare activities in the university; To assist the university authorities to maintain discipline; To foster an interest and understanding in the arts and life and social well-being of the citizens of the country; To foster activity conductive to the social and moral well-being of the student community and promote activity conductive to healthy social life.

The perusal of the aforesaid duties and functions of the University students Union indicates the nature of the immense responsibilities that have been conferred on the Unions of the respective Universities by the said amendment.

This has become a part of the substantive law of the country after being gazetted on 15th February 1985. The present events happening in some Universities may be pointed out as the evidential facts for the unconsciousness of the laws mentioned above.

Argue

Some argue that the main factor for the rumpuses in the Universities is the rapid expansion in the admission. According to the said article of the Hon. Minister of Higher Education, there were only 904 students in 1942 and whereby the annual intake in 2007 was in the region of 18,000 students.

Those who don't agree with the said view argue that the main causes are the politics-related ragging. Anyhow, by reason of the various factors the Universities had transformed into the killing field in the recent past. Considering the gravity of the situation that arose after the Varaprakash (the fresher student who was killed by ragging at Peradeniya University) the Parliament of Sri Lanka, the supreme legislature in the country unanimously passed the PROHIBITION OF RAGGING AND OTHER FORM OF VIOLENCE IN EDUCATIONAL INSTITUTIONS ACT NO. 20 OF 1998.

The said statute can be defined as the most stringent law that ever imposed upon, not only the Universities but also all educational institutions that are mentioned in the section 17 of the Act No 20 of 1998.

In terms of the said section 17 of the said act the "educational institution means, a higher educational institution, any other institution recognised under Chapter iv of the above-mentioned Universities Act No. 16 of 1978, the Buddha Sravaka Bhikku University, a technical college, a vocational training centre, a pirivena , Sri Lanka Law College, the NIE, a college of education, a government school or an unaided school within the meaning of the education Ordinance.

Sections 2(1) , 2(2) , 3 , 4 , 5 , 6 , 7 respectively cite ragging, sexual harassment and grievous hurt , Criminal intimidation , Hostage taking , Wrongful restraint , Unlawful confinement as offences and define the punishments for such offences.

Section 9 of the said Act restricts the granting of bail to High Court for person suspected or accused of committing offences under this Act.

Section 10 suspends the operation of sections 303 and 306 in the Code of Criminal procedure Act no. 15 of 1979.

Section 14 of the said Act recollects the memory of the University community that the provisions of this Act shall be in addition to the provisions of the penal code and Convention against torture and other inhuman or degrading treatment or punishment Act No. 22 of 1994.

Perfect

The penal code can be defined as a perfect masterpiece of substantive law of the country, Act no 22 of 1994 is the law which was certified by the parliament on 20th December 1994 after being ratified the convention which was signed in New York on 10th December 1984

Priyangani Navaratne and others V Chandrasena (1998) The above case was decided before the enactment of Anti-ragging Act no 20 of 1998. In this case the petitioners (16 in numbers) were teachers, training in the Nilwala Teacher training School. Their internship was suspended in the case of males for two months and in the case females for one month having engaged in ragging junior teachers.

After the first punishment was meted out the Secretary to the Ministry of Education amended the disciplinary powers. This gave the principal the power to impose a further punishment. Therefore, he extended the period of suspension to one year for females and expulsion in the case of men.

Although the Supreme Court held that there was a violation of a fundamental right, the Court declined to award them any relief as according to the Court, the petitioners' act amounted to cruel, inhuman and degrading treatment.

Considering the above-cited provisions in the Act No. 20 of 1998 law courts of the land have no complications in dealing with the unlawful incidents within the Universities. Some provisions in the Constitution of Sri Lanka is fully applicable for the University system as those can be made applicable for the whole country.

Accordingly the members of the University community have sought redress and relief through fundamental applications under articles 17,126, 12(1) and 14(g) in the, for the violation of their fundamental rights guaranteed by the constitution. Most of the application to the SC and Appeal Court indicate the administrative anomalies based on the ultra vires principle.

Offences

And also the whole substantive law and procedural law provisions are quite applicable for the Universities and for the above mentioned educational institutions. For examples: the provisions in the Commission to investigate allegations of bribery or corruption Act No. 19 of 1994, Offences against Public Property act No.!2 of! 982 and Declaration of Assets and Liabilities Law No. 1 of 1975.

Considering the facts mentioned above, the Universities, unlike in the past, have become the entities that are controlled and gripped by the laws and not by the intellectual or academic based principles. The rationality in the environments of the Universities has disappeared.

This is not the situation which is confined to Universities but in the legal fields as well. That was why Hon. Chief Justice Sarath N. Silva used to say once at a gathering of Judges of the Supreme Court and Appeal Courts president's counsels, lawyers and law students that the process needed to be reversed.

His Lordship Chief Justice's reference to reversing the process was in fact an emphasis on the need to have English to be brightened in the field of law. The very same meaning signifies from the reference made by Hon. Minister of Higher Education in the said article.

"The challenge before the government is to convert them into centres of learning. In other words, the culture of learning, for which the Universities were known in the Fifties and Sixties, needs to be restored if the University system is to survive..." As the origin of the system of universities and the system of the judiciary are closely related to the English speaking world, the Hon, Chief Justice and the Hon. Minister are quite correct to speak of reversing and restoring the process.

(The writer is an Attorney at Law of the Supreme Court University of Peradeniya).

[Bernama] Mindef Completes Probe On Alleged Pakit Camp Ragging Incident

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KUCHING, Oct 18 (Bernama) -- The Defence Ministry (Mindef) has completed its probe into the alleged ragging incident involving trainees undergoing advanced recruit training at the Royal Malay Regiment's Pakit Camp, Sri Aman recently.

The Army's First Division (Sabah and Sarawak) Commander Lt-Jen Datuk Muhamad Effendi Mustafa said Thursday that although he could not release the details of the report, action would be taken against the trainees concerned if such allegations of bullying by several officers were found to be not true.

"If they (trainees) are found to be on the wrong side or lying because they were not prepared to undergo rigorous physical training despite wanting to join the army, action will definitely be taken against them," he told reporters during a courtesy call to Chief Minister Tan Sri Abdul Taib Mahmud at his office at Menara Pelita, Petra Jaya here.

Muhamad Effendi, 55, who has served in the Army over the past 37 years, will be retiring on January 8 next year after taking up his present appointment here since three years ago.

Last month, he had said that Mindef had set up a special team to investigate the case involving two trainees - Khairul Azzuwan Zainal Rashid and Zarul Fahmi - both 19, who alleged that they were verbally abused, punched, spat at, stamped on and injured by several other officers.

Between 10-20 senior army personnel were alleged to be involved in the incident.

As the trainees could no longer stand the abuse, including being forced to drink firearm cleaning fluid, they relayed the incidents to their families, who eventually lodged police reports at the Sri Aman and Sungai Maong police stations here.

However, Muhamad Effendi said parents should not get involved in their children's training programmes as they had given consent to allow them to join the army.

"Your children want to join the army because they feel that they are men and as such should settle their problems by themselves," he said, adding that some trainees, who were given combat training, had contacted their families to complain about the toughness of training they had to undergo.

He said the recent incident was an isolated case and the officers allegedly involved were now on leave.

-- BERNAMA

[SundayTimes] Ragging: Suspects get bail

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By L.B.Senaratne

Kandy Chief Magistrate told three suspects who were produced in courts on charges of having assaulted a group of seven freshers who were against ragging, that no one was above the law and the law of the country had to be abided by everyone irrespective of whether they were university students or any one else.

The suspects were earlier identified at an identification parade and Kandy magistrate Harsha Setunge said he was releasing them on bail considering their status as students.

[DailyTimes] College ragging not flagging

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By Saif-ur-Rehman

LAHORE: The long summer break is over and classes have re-started at the city’s colleges. Some students are new entrants, while the rest have been promoted to higher classes.

The new entrants are nervous about their unfamiliar surroundings and huddle together for a sense of security. This insecurity does not stem from a fear of the new campus or of teachers or of the course of study. They fear what freshman all over the city fear: being ragged.

Ragging is the systematic ritual physical and psychological abuse of freshmen or other juniors by their seniors in an educational setup, with the purported intent of socially inducting the newcomers into the group. It is widely practised in schools and colleges across the world and includes verbal and physical ragging.

Daily Times conducted a survey of various colleges and talked to freshman and seniors about the first day at college.

Lahore School of Economics: Most MBA-I and 2nd year bachelors students uderwent some sort of ragging. Most of it was verbal and nothing serious. Qasim Zia, an MBA-I student, said he was told to stand on top of a table in the main cafeteria and sing his favourite song. “Everybody at the café joined in and sang along. It was a lot of fun,” he added.

Mehvish Saleem, a 2nd bachelors student, said raggers told her to give them all the money she had in her bag. “The raggers ended up making Rs 3,000. The money was well spent on a round of drinks for all at the café. The ice has been broken and everyone knows me now,” she said.

Mohsin Khan, an MBA-II student, told Daily Times that his group caught hold od a junior and made him sit in a murgha position for five minutes. “We also took money from him and treated the entire MBA-II batch to drinks,” he said, adding that he was never physical with juinors.

Lahore University of Management Sciences: Freshman at this institution have to undergo a more serious kind of ragging. Ragging styles range from standing on one foot for a long time to measuring a large courtyard with a ballpoint cap.

Ali Jan, a freshman, said he was told to do front rolls in the football field. “The field was wet and I got mud in my ears and clothes. The best part about all this was that I went home to change my clothes and did not return,” he added.

Alia Haider, another freshman, said raggers told her to go up to 10 boys and introduce herself to them. She said, “It was a bit embarassing because I am a bit shy. The boys were sweet about the whole affair.”

Beaconhouse National University: This year seniors at BNU went around taxing the new students and made about Rs 500 per head, but spent them on treating the freshmen. They also caught hold of a couple of boys, made them stand on tables and strut like models.

Osmanul Amin, in his last year, said the raggers filmed the boys and would keep the shots in their archives. “Maybe, at the end of the term, they make a video of their college experiences and add these shots in them,” he added.

National College of Arts: Seniors at NCA are most creative when it comes to ragging freshman. Zara, who graduated from NCA in 2002, said she was asked to hug a tree in the middle of a courtyard and scream on the top of her lungs ‘mein tum say pyar karti hoon’.

Ashraf Azhar, another graduate, said, “We would keep a Rs 1,000 note next to the gate and stand around watching who would pick it up. The first freshman to pick it up got it from us. We would start screaming ‘chor, chor’, which would be very embarassing for him or her.”

All students Daily Times talked to said ragging was not bad or harmful as long as it was not physical. They said seniors knew their limits and would not push freshman. “This is common culture and we have come to accept it. It has a positive effect on the personality of the freshman and helps with breaking the ice amongst students. We are being ragged today. Tomorrow it is us who will be doing the ragging,” said LSE freshman Asma Obaid.

[DailyMirror] Dons and undergrads embroiled over ragging

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By Kelum Bandara

The University Grants Commission (UGC) and the Inter University Students’ Federation (IUSF) are on a collision course over the need to implement the Anti- ragging Act introduced to stop freshers being subjected to ‘inhuman ragging’ in universities.

UGC Chairman Prof. Gamini Samaranayake told the Daily Mirror that ragging was taking place in universities to achieve political objectives and that parents had complained to him about their children being harassed under the guise of being ragged upon entrance.

Prof. Samaranayake said an undergraduate had been assaulted at the Applied Science Faculty of the Sabaragmuwa University recently.

“In one instance at the Peradeniya University the jaw of a student had been broken. In another case, ear drums of a student have been damaged after being slapped,” he said.

He said it was essential for the authorities to implement the Act passed in Parliament during the tenure of former Education Minister Richard Pathirana to arrest this dangerous trend in the university system.

However, the IUSF countered these arguments saying that the incident at Sabaragamuwa University was a total fabrication by the student concerned.

IUSF Convener Duminda Nagamuwa said this student distorted the facts to get a replacement at another university.

Mr. Nagamuwa said they also opposed ragging at universities and that they had been able to control the subjecting of freshers to any physical form of ragging.

“When they introduced the Act in 1998, we opposed such harsh laws and ragging. However, there is a sub-culture in the university system which cannot be changed overnight. It cannot also be changed according to the interests of a few persons,” he said.

He said they mobilize students for a common cause through ragging, and the government was averse to it.

“When undergraduates start agitations against the government, it talks about inhumane ragging. If we do not agitate they never discuss this issue,” he added.

Mr. Nagamuwa said a few students had already been arrested under the provisions in this Act.

[SriLanka] Stop murder by ragging !

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Sri Lanka may be the only country where ragging is used to murder people, particularly University students and school children. In addition to murder there have been a large number of cases of causing deformities, torture, trauma and untold pain of mind.

This wickedness, inhuman behaviour and villainy, resorted to by some psychologically deranged University students, has now spread to schools, armed forces, training colleges, technical institutions, religious institutions and generally everywhere in Sri Lanka. Not only young men and women but even some clergy, unfortunately, resort to this 'crime'. Ragging started years ago, as a jolly good way of freshers and seniors coming to know each other where both parties enjoyed the fun.

This came to Sri Lanka from England. In the Sinhala and Tamil traditional educational system there was nothing other than mutual concern, respect and kindness between the novice, the veterans and the teachers. Today the name ragging is used for a bastardly system of abuse and torture.

Not all seniors at the University do go out for ragging and some are positively against this mean practice. The compulsive "raggers" are definitely mentally deranged, dangerous "criminals in students' clothing" and they rag for following reasons.

1. Subconsious desire to murder: Many consider the newcomers as potential competitiors in the job market and they have a latent desire to kill them and this desire results in causing potentially fatal harm.

2. Sexual satisfaction: Some derive sadistic sexual pleasure out of making freshers undress and perform unnatural sex acts and seeing them cry, writhe and shiver with fear and pain. There has been instances of suicide of innocent students after getting sexually abused.

3. Inferiority complex: There are mad students who have a low opinion of themselves due to physical unattractiveness, lack of wealth and or lack of knowledge of etiquette and other things necessary to be members of the society that they want to get into. These people are in a state of fury against the human race and are dangerously anti-social. They will kill, maim or torture anybody to derive some satisfaction of being able to exercise power.

4. To force freshers to join their cliques through fear: These gangs torture newcomers to subdue them and force them to join their cliques as "slaves." This is the method used by terrorists, underworld gangsters and madmen like Idi Amin.

5. To take revenge for the torture they had suffered from their seniors.

6. To extort money and to force victims to provide other favours.

As a result of this inhuman torture system some have died, some have got crippled and many have got sexually impotent. The vast majority of the victims have got permanent psychological scars and some of them, in turn, become criminal "raggers" who get some consolation by inflicting pain on their innocent juniors. In fact, this is a national disaster, an epidemic, a criminal waste of resources, life and a major cause of deterioration of the values and peace in this lovely land.

The philosophy behind criminal ragging is "Might is Right" i.e., the stronger have a right to abuse the weaker. This is the basis of imperialism and slavery. When this kind of thinking is inculcated in people, they tend to use it wherever they go, for example, as teachers, government servants or professionals.

Signs of this can be seen at many places where some graduates work, though the majority do not suffer from the shock that long. Now is the time to free the country from this menace.

The people who must lead this good work are none other than the present seniors in the Universities. All those who are against this dastardly crime that goes under the misnomer "ragging" - religious bodies, humanitarian organisations, political parties and decent individuals should get together and stand up NOW, before more torture and murder will take place with the new batches of innocent students getting into the Universities this year.

We must eradicate this loathsome, brutish practice that goes against our culture and values, and ruins the country silently, once and for all. This Poson period is perhaps the most suitable time for it.

Sena B. Buddhadasa, Colombo 4.

[Malaysia] Editorial: Wrong rites

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26 Feb 2007

WHILE ragging is not officially approved in the military, it is astonishing how its unofficial practice finds many apologists in the military circles who defend it as a tradition worth preserving.

While conceding that the vicious beatings of a trainee air force pilot in Alor Star seem to have been excessive, the argument seems to be that so long as hazing is not extreme, it is acceptable.

Mild ragging is OK, it seems, because it is a rite of initiation which instils the esprit de corps needed to face the enemy in battle. But the problem is that what some may consider mild, others may regard as extreme, and even the mildest of ragging can be traumatic.

In the matter of the the Royal Malaysian Air Force trainee, ragging seems to be a euphemism for what appears to be a case of collective torture.

The problem is not the excesses but the very idea that cadets have to be subjected to rites of passage that are cruel and abusive to develop discipline and build character.

The question then is whether the drills and instructions during the training they receive in boot camp are so inadequate that they have to be humiliated. The violent attacks on the air force cadet strip bare the malice and brutality in military culture. That it has been tacitly allowed is alarming because it lays the groundwork for things to get out of hand.

The fact that it took police and media reports to take the lid off the issue reveals the strength of the unwritten code of silence and the lack of oversight mechanisms in the military.

It raises questions about the need for the military to condone the practice and should spur the Defence Ministry to take measures to change the culture rather than dismiss the abuses as isolated incidents and blaming them on the aberrant act of a few.

While steps have apparently been taken to combat abuses in the past, their implementation seems to have been lackadaisical. While a board of inquiry has been established to prosecute the abusers, the pledge not to allow a repeat of the incident hinges on measures to address ragging in the armed forces.

The military should adopt a zero-tolerance policy towards ragging by laying down the ground rules and implementing them unequivocally and consistently.

Otherwise, the only way systematic abuses in the military academies would be highlighted would be for someone to report to the police and squeal to the Press.

[Malaysia] Ragging 'a way of life in military'

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KUALA LUMPUR: Ragging is banned at military training camps. In practice, there is unofficial ragging of cadets to build their discipline and character.

While ragging does not officially exist at such institutions, it is carried out with the tacit acceptance of the authorities who see no harm in something that can help in the long run.

Most military personnel, in fact, believe it is can instil esprit de corps in cadets.

Senior armed forces personnel interviewed by the New Straits Times, who insisted on anonymity, concurred that ragging was a way of life in military training.

They were, however, equally in agreement that what happened to Royal Malaysian Air Force trainee Muhammad Hazim Ahmad Azman at the hands of a group of senior cadets at the Tanah Merah camp in Jitra was excessive.

Hazim was said to have been put through mental and physical abuse following a misunderstanding.

He was allegedly slapped, kicked, punched, stepped on and made to crawl on his knuckles as part of the torture.

He was also beaten with broom sticks and boots and forced to drink jugs of water until he vomited.

The seniors also allegedly forced him to eat nasi lemak mixed with grass, dunked him in sewage, forced him to gargle and wash his face in sewage and drink urine.

A fellow cadet, who could not stand seeing Hazim being put through the ordeal, recorded the incident with his camera phone and exposed it.

All officers interviewed agreed that ragging existed in military camps, although on a scale which did not come close to what Hazim went through.

One officer said he went through ragging from his seniors during his training.

"It’s normal. It makes us tough. How can we train soldiers to be tough if it does not happen?

"Yes, what the air force trainee was said to have gone through was a little extreme, but I wonder what he did to deserve it. Usually, ragging is done to a group and no one is singled out," said the officer.

It was the same with other military personnel interviewed.

All professed the character-building aspect of ragging and expressed concerns as to why Hazim had been singled out.

They all said ragging was done to groups of cadets and not individuals.

Another officer said: "For instance, if a cadet does something wrong, his seniors will rag his entire squad as a form of punishment. This is to teach camaraderie and teamwork. In war, the mistake of one person can be fatal to all the members of a squad, platoon or even the entire regiment.

"The fact that Hazim was singled out for ragging is unusual. Maybe he was a ‘hardcore’ case.

"Don’t be mistaken, I believe his treatment was too harsh. What I’m saying is, maybe, he is not totally blameless."

Yet another officer said what was done in training camps was not ragging but punishment to teach discipline to cadets.

"Military life is all about discipline and working as a team with fellow soldiers. Without these two things, you and those around you will fail.

"Cadets are punished for the smallest things because even the smallest mistakes can cost someone his life," he said.

However, this officer, too, agreed that what had been done to Hazim was out of the ordinary.

A senior officer attached to the Defence Ministry said ragging as a form of instilling discipline and esprit de corps in trainees was normal in training camps.

"It’s the military way of life. However, it is not practised in schools such as the Royal Military College, because although RMC is under the armed forces, it is still just a school and not the military," said the officer.

As many as 15 senior cadets of the camp are being investigated by the police and the RMAF for allegedly abusing Hazim.

Police will decide whether to take them to court while the RMAF, which has set up a board of inquiry, will decide whether to suspend or expel any of the cadets.

The board of inquiry is expected to take two weeks to complete its investigations.

RMAF chief Jen Datuk Seri Azizan Ariffin has spoken out against the treatment of Hazim.

Deputy Prime Minister Datuk Seri Najib Razak, who is also Defence Minister, said what the seniors did was despicable and unforgivable.

[Malaysia] Air force cadets suspended in ragging probe

Link to report

R.Manirajan
PUTRAJAYA: Royal Malaysian Air Force cadets involved in the ragging of a trainee at the Kepala Batas training college have been suspended with immediate effect.

Deputy Prime Minister Datuk Seri Najib Abdul Razak said an internal inquiry which is on going is expected to be completed in two weeks time.

Although Najib declined to give details on the number of seniors suspended, it is believed that 15 seniors were involved in the incident as 15 cadets identified from the video footage gave statements to the police.

"I have left it to the Air Force to take the appropriate action. The Chief of Air Force have requested for two weeks to complete their board of inquiry to come out with a report and after that immediate action will be taken.

"I will give you all the exact number of people suspended later," said Najib who is also Defence Minister.

TV3 had on Tuesday in its prime news broadcast visuals of severe ragging on first year pilot trainee, Mohd Hazim Ahmad Azam, 19.

The recording, captured by another freshie on his camera phone, shows Ahmad being forced to drink his own vomit, place his head in a rubbish bin, soak himself in sewer water from a drain, among others.

He was also punched and kicked.

The incidents were alleged to have happened since last September at the trainees' hostel at the Tanah Merah Camp near Jitra, Kedah.

Najib added that if there is evidence that those responsible are guilty, they could be expelled from the college and subject to other forms of legal action.

Najib was speaking to reporters after witnessing Penang Shipbuilding and Construction Sdn Bhd ink a US$42 million (RM147 million) agreement to design, build, launch three chemical tankers for Malaysian based Gagasan Carriers Sdn Bhd.

Meanwhile, Bernama reports that police have begun probing the ragging following an order issued by the Kedah Prosecutor's Office on Tuesday.

Kubang Pasu police chief Supt Mohd Karim Abu said other trainees as well as the college officers might be called up to give their statements.

He added Kubang Pasu police had set up a six-member team headed by an investigating officer to probe the case which was reported by the victim's father, Ahmad Azman Ghazali, 46, at Jitra police station on Sunday.

Mohd Karim said police would be taking statements from Mohd Halim and Ahmad Azman Thursday.

Investigation papers would be submitted to the Public Prosecutor who would decide whether those involved would be charged in court, he said.

However, he said police would not interfere with the investigation conducted by the RMAF inquiry board.

[Malaysia] RMAF Chief Says Ragging Culprits May Face Military Court

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ALOR STAR, Feb 21 (Bernama) -- The Air Force Training College trainees in Kepala Batas involved in the ragging of a junior may be brought before the Military Court or face a disciplinary action.

Royal Malaysian Air Force (RMAF) Chief Gen Datuk Seri Azizan Ariffin said the form of action to be taken against them would depend on the internal inquiry into the incident which was expected to be completed in two weeks.

"The inquiry panel comprises a major and two captains," he told a press conference, here Wednesday.

He said 15 year three trainees were being investigated in connection with the case and their statements had been recorded.

The inquiry would also identify possible weaknesses in the RMAF training, he said.

"If there were weakness, we will correct them so that cases like this will not recur," he said.

Azizan said the outcome of the internal inquiry would not be made public.

TV3 in its prime news at 8pm last Monday, showed a video footage of severe raging on Muhammad Hazim Ahmad Azman, 20, who was in his pilot training there.

The recording, which was captured by a colleague, showed him being slapped, kicked, punched, stepped on and made to crawl on his knuckles. He was also forced to place his head in a rubbish bin, soak himself in a filthy drain and undergoing other forms of abuse.

Azizan said the incident should not have happened because trainees of the college were trained with high discipline.

"I would like to stress that the RMAF will not compromise and will not allow cases like this happen again," he said and added that the RMAF felt disturbed with the incident.

"Like incidents involving the RMAF aircraft, the abuse case makes us feel disturbed. We want to know the cause.

"As far as I know, there have never been cases like this," he said.

On investigations by the police on the same incident, Azizan said it was different because the police conducted the probe from the perspective of a crime being committed.

"The RMAF will give full cooperation and will not disturb police investigations," he said.

Meantime, the 15 suspects would continue to follow classes as usual, he said.

-- BERNAMA

[Malaysia] No Compromise For Those Who Went Overboard In Ragging Case

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KUALA LUMPUR, Feb 20 (Bernama) -- The Royal Malaysian Air Force (RMAF) will make no compromises over the ragging incidents involving one of its trainees undergoing a pilot's course at the Air Force Training College in Kepala Batas.

Its public relations officer Mejar Zulkiflee Abdul Latiff said appropriate action would be taken against those involved and that the RMAf would also ensure such incidents would not recur.

"Preliminary investigations found several trainees to be involved in this case and any further developments on it will be communicated to the media from time to time," he said in a statement here Tuesday.

He said that the inquiry board comprising three senior RMAF officers set up to probe the case would be thorough in its investigations.

It would also recommend the action to be taken against the culprits when it completed the probe, which should be about two weeks, he said.

Monday, private television station TV3 in its prime news at 8 pm broadcast a digital camera recording of incidents of severe ragging of a trainee from the college, Mohd Hazim Ahmad Azam, 19, who is in his first year of pilot training there.

The recording, which was captured by a colleague, showed him being forced to drink his own vomit, place his head in a rubbish bin, soak himself in a filthy drain and undergoing other forms of abuse.

The incidents were alleged to have happened since last Sept at the trainees' hostel at the Tanah Merah Camp near Jitra, Kedah.

-- BERNAMA

[SriLanka] Sri Lanka plans implementation of anti-ragging bill

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Tuesday, February 20, 2007, 12:56 GMT, ColomboPage News Desk, Sri Lanka.

Feb 20, Colombo: The Sri Lanka government is considering activating the Anti-Ragging Bill, which was passed in Parliament several years ago.

Minister of Higher Education Prof. Wishwa Warnapala, addressing media after the release of the Z-score cut off marks for university admission, stressed the need for implementing regulations related to the Anti-Ragging Bill. He said ragging in universities has increased to an unacceptable level in the recent past.

The government blamed the interference of political movements on university premises, who use ragging to influence newcomers to join them.

[Malaysia] Ragging footage given to police

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JITRA: A 19-year-old Kolej TUDM trainee here was allegedly forced to swallow his vomit by his seniors in the third year at the academy as part of a ragging activity.

The trainee, Mohamad Hazim Ahmad Azman, claimed that he was forced to eat food with dried grass in it and drink drain water.

The footage, recorded on a digital camera by Mohamd Hazim's course-mate on Jan 27, showed 15 trainees pouring hot water on his body.

The victim’s father, who saw the recording when his son returned to their home in Taiping for the Chinese New Year holidays, accompanied his son to lodge a police report in Alor Star yesterday.

The case was referred to Jitra police, who now have the recording.

Kubang Pasu OCPD Supt Mohamed Karim Abu said the incident was being investigated.