Legal framework on university ragging and establishing student
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
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
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
* 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
* 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
* Section 112:-
1. Each Higher Educational Institution shall have a University
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.