University ragging: A 360-degree programme required

The criminal behaviour of ragging in our universities is causing a serious economic impact in brain drain, poor return on investment in education, poor job performance among graduates, and dumbing down of our brightest students.
Every year, Sri Lanka’s brightest students, being victims themselves in the previous year, turn into a mob of maniacs. Raggers rule in Sri Lankan universities. That’s a well-established fact. Governments do little; university authorities flap their arms impotently; parents fear sending their children for higher education; and freshers live in terror for a whole year of the violent sexual, physical, and mental torture that they undergo at the hands of sadistic torturers.
It is time for a multifaceted solution to build a safe environment that provides inclusivity for students, parents, and staff, while doling out strict punishments for perpetrators and suitable compensation for victims.
In 2018, approximately 163,000 students qualified for university, but only 31,000 were given places in taxpayer-funded universities (known as “free education”). But each year, thousands drop out due to ragging. This has become deeply ingrained into the subculture of our state universities. Ragging is as prevalent in the University of Jaffna as it is in the Universities of Ruhuna and Peradeniya.
This is not harmless fun. Freshers have died. Many have committed suicide. What type of graduates are being sent out to become society leaders, who have undergone such violent trauma and then turn around and become abusers themselves? As managers, what would they do to employees under them?
The most extreme type of ragging in a university is physical and sexual torture for the sadistic and sexual gratification of seniors. Students in many instances are stripped in public. YouTube has an enormous number of videos made by perpetrators that further humiliate victims for life. Even the mildest forms of ragging involve students being made to perform horrific acts such as taking cold midnight showers or staying in dirty water ponds throughout the night. The most infamous incidents are given in Table 1 above.
Ragging may have a huge impact on the health of students.
Global situation
Ragging is by no means a Sri Lankan invention and is not part of traditional Sri Lankan culture. It is an aping of a ritual in western countries that has spread to many eastern nations. In the west, it is known as “hazing”.
Western nations have strict laws against hazing. For example, 45 US states have specific anti-hazing laws. While there is debate around the effectiveness of such laws, one clear result is that it places both criminal and civil liability firmly on the perpetrators. Another positive result is that victims can sue in civil courts and obtain large sums of compensation from perpetrators, which is intended to serve as a deterrent against ragging. In the US, hazing is widely prevalent for new recruits among fraternities and sororities, which are nationwide student groups that have chapters in hundreds of universities. Several civil lawsuits have established that national chapters are partially liable for the control of actions by their chapters.
Responsibilities of universities
In Sri Lanka, little has been said of the responsibility of university authorities. However, there are several overseas judgements that firmly establish this in other countries. In the US, in the case of Furek v University of Delaware, the Delaware Supreme Court declared that universities have an obligation to promote general campus safety and security.
However in Sri Lanka, university authorities have proven to be impotent in curbing this menace. A key question is why law enforcement authorities do not act more firmly.
Sri Lanka’s anti-ragging law
Nowhere in Sri Lanka is there a special zone where the country’s laws do not apply, or a special group of people that has been deemed to be above the law of the land. Even the President has limited immunity. Foreign diplomats are governed by international conventions and can be expelled by the Government of Sri Lanka. Yet, the raggers have over the decades carved out for themselves a de facto set of separate states in which they can carry out their sadistic activities, not only on campus and hostels, but also in public as well with little fear of justice. These are not pranks by children. They are serious crimes by adults aged 19-25. Many staff and faculty members who attempt to help victims are themselves victimised and threatened.
Sri Lanka does in fact have a very tough and sweeping law in this regard. The Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act No. 20 of 1998 laid down strict punishments for ragging. Yet, the Police and other authorities have been reluctant to enforce this law.
A key element of this Act is found in Section 8, which empowers a court to dismiss from university any student or member of the staff convicted of an offence. Thus, it has taken the matter of expulsion out of the hands of university authorities.
Another is Section 2, which allows application of the law to acts both on campus or off campus, and also authorises courts to order perpetrators to pay compensation to victims.
Offences under the Act include criminal intimidation, hostage taking, wrongful restraint, unlawful confinement, forcible occupation, or damage to property. It also provides for summary trial by a magistrate, which is intended to expedite the legal proceedings.
Section 9 also established that offences under this Act are non-bailable by a magistrate, which would force an accused to move the High Court for bail in a separate proceeding.
Section 14 states that any offence prosecuted under this Act can also be prosecuted under other laws such as the Penal Code; the (Convention Against Torture And Other) Cruel, Inhuman or Degrading Treatment or Punishment Act No. 22 of 1994; or any other relevant law.
Section 15 provides for trials under this Act to be given priority to ensure speedy justice.
Recommended 360-degree solution
The writers recommend a comprehensive 360-degree solution which ranges from criminal prosecution to basic things a university should implement to transform the culture within our universities and ultimately minimise and eliminate ragging.
The role of parents
This may be the most important initiative of all. Sri Lankan parents are usually highly protective of their children, and youngsters of any age are actually handed from one authority to another – parents, relatives, or teachers. In the case of university freshers, parents are handing over their children to university authorities, which may explain parents’ reluctance to act when their children are ragged.
However, it is our opinion that parents of seniors can be used as a positive force to persuade their children to refrain from ragging. This requires active engagement with parents by both university authorities and law enforcement.
Conclusion
In the past, efforts to curb ragging have failed due to their limited scope. We believe that this multidimensional approach would have a far greater opportunity for success, protect university students, and help nurture young men and women who would be of far greater use as leaders in society as they have the potential to be.
[Dr. Nicholas Ruwan Dias is a Digital Architect at Aegon Asia, based in Kuala Lumpur. He holds a BSC in Computing from the University of Greenwich, Masters in Computer Software Engineering from Staffordshire University and PhD from the University of Malaya. He is completing a second doctorate (DBA) from Universiti Utara Malaysia.]
[Niresh Eliatamby is Chairman of Chaos Theory Ltd., a research based consultancy in Colombo, is an author, and a lecturer in HR/tourism/marketing. He holds an MBA from London Metropolitan University and LL.M. in International Business from Cardiff Metropolitan University.]
(Copyright Nicholas Ruwan Dias and Niresh Eliatamby.)