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Ragging Menace: Kerala HC Asks State Panel to Frame Prevention Rules, Propose Amendments to Strengthen 1998 Act

Ragging Menace: Kerala HC Asks State Panel to Frame Prevention Rules, Propose Amendments to Strengthen 1998 Act

Isabella Mariam

 

The Kerala High Court on Thursday (27th March) directed the Multidisciplinary Working Group constituted by the State Government “to draft the rules and assess whether any amendments to the Kerala Prohibition of Ragging Act of 1998 are necessary” to convene a preliminary meeting and decide its plan of action. “According to us, this working group should now hold a preliminary meeting in which further plan of action can be decided,” a Division Bench comprising Chief Justice Nitin Jamdar and Justice C. Jayachandran observed. The Court also directed that the representative of the petitioner be involved in the proceedings and that written inputs from intervenors be placed before the group. The Bench recorded that the working group had been formed in compliance with the order dated 05.03.2025 through Government Order dated 25.03.2025.

 

The Kerala State Legal Services Authority (KeLSA) filed the writ petition raising concerns about the increasing brutality of ragging in educational institutions within the State. The petitioner sought action for more effective implementation of the Kerala Prohibition of Ragging Act, 1998, and the UGC Regulations, 2009. The writ petition also included a prayer seeking a direction to respondents 2, 5, 6, 7, and 9 to provide details of the steps taken by them under the UGC Regulations, 2009 to prevent and combat ragging.

 

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The respondents to the petition included the Government of Kerala represented by the Chief Secretary; the Department of Higher Education; the Department of Women and Child Development; the Department of Scheduled Castes and Scheduled Tribes Development; the Directorate of Medical Education; the Office of the Director General of Education; the All India Council for Technical Education; the State Police Chief; the Bar Council of Kerala; and the Kerala State Commission for Protection of Child Rights.

 

In compliance with the Court’s direction dated 05.03.2025, the State Government issued G.O. (Rt) No.973/2025/HOME dated 25.03.2025. The Government Order stated: “The Hon’ble High Court of Kerala, as per the order read above, has directed the State to constitute a multidisciplinary working group comprising ex-officio members and nominated experts from various fields to draft the rules and assess whether any amendments to the Kerala Prohibition of Ragging Act of 1998 are necessary.”

 

The working group is chaired and convened by the Additional Chief Secretary, Home Department. Its members include the Principal Secretary, Higher Education Department or a representative nominated by the Principal Secretary; Principal Secretary, Health & FW Department or a representative; Secretary, Social Justice Department or a representative; Law Secretary or nominee; AS/JS/DS of Home Department; and a representative nominated by the State Police Chief.

 

In addition to ex-officio members, the group includes Prof. Rajan Varghese, Member Secretary, Kerala State Higher Education Council; Prof. N. K. Jayakumar, Former Vice Chancellor, National University of Advanced Legal Studies, Kochi; Prof. K. S. Anilkumar, Registrar, Kerala University, Thiruvananthapuram; Prof. Baby Shari P. A., Department of Psychology, Calicut University, Kozhikode; Dr. Arun B. Nair, Professor, Department of Psychiatry, Govt. Medical College, Thiruvananthapuram; and Adv. Vinodkumar Y., Section Officer (Rtd.), Kannur University.

 

The University Grants Commission (UGC) was impleaded suo motu as Additional Respondent No. 11 by order dated 05.03.2025, and the Additional Chief Secretary, Home Department, was impleaded as Additional Respondent No. 12 by order dated 27.03.2025 in I.A. No. 6 of 2025.

 

The Division Bench recorded that the direction issued on 05.03.2025 had been complied with, stating: “The order dated 05.03.2025 of the Hon’ble High Court in WP(C) 8600/2025 is complied with accordingly.”

 

Referring to the role of the newly constituted working group, the Court recorded: “This working group should hold a preliminary meeting, in which a further plan of action can be decided.” It was also observed: “If inputs from any other fields are required, the Chairman of the working group can invite such officers / experts to attend the meeting.”

 

The Court further directed that: “The Chairman of the working group will involve the representative of the Petitioner-Kerala State Legal Services Authority.” With regard to additional materials submitted by intervenors, the Bench stated: “The inputs sought to be given by the intervenors in writing be placed before the working group.”

 

The Court also examined Clause 6 of the Government Order, which provides for a representative to be nominated by the State Police Chief. In this regard, the Bench held: “Considering the gravity of the issue, the nomination should not be of an officer below the rank of Inspector General of Police.”

 

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To allow time for the working group to begin functioning and submit a plan of action, the Court concluded: “So that the working group can hold its preliminary meeting and apprise us of the plan of action so decided, the hearing of the petition is deferred to 10 April 2025.”

 

The Kerala High Court directed that the multidisciplinary working group constituted by Government Order dated 25.03.2025 must conduct a preliminary meeting to determine its plan of action. The Court instructed that the Chairman involve the representative of the petitioner and consider written inputs from intervenors. It was directed that the nominee of the State Police Chief must not be below the rank of Inspector General of Police. The matter was adjourned to 10.04.2025 to enable the working group to initiate deliberations and report back.

 

Advocates Representing the Parties
For the Petitioner: Ms. A. Parvathi Menon, Advocate
For the Respondents: Mr. K. P. Harish, Senior Government Pleader; Mr. Sajith Kumar V, Standing Counsel; Mr. Brijesh Mohan, Advocate; Mr. Thoufeek Ahamed, Standing Counsel; Mr. S. Krishnamoorthy, Standing Counsel;

 

Case Title: Kerala State Legal Services Authority v. Government of Kerala & Others
Neutral Citation: 2025:KLHC:1690
Case Number: W.P. (C) No. 8600 of 2025
Bench: Justice Nitin Jamdar, Justice C. Jayachandran

 

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