
University ragging in Sri Lanka has long been a serious concern, affecting the physical and psychological well-being of students. The issue has once again come into focus following a recent incident that has sparked public discussion and concern about the punishments for ragging in Sri Lanka. Understanding the punishments for ragging in Sri Lanka is essential for fostering a safer environment in educational institutions.
To combat this, Sri Lanka enacted the Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act, No. 20 of 1998 (also known as the Anti-ragging Act), which offers strong legal grounds to take action against any individual – student or staff – involved in ragging or related misconduct in educational institutions, outlining the punishments for ragging in Sri Lanka.
Legal Definition of Ragging Under the Anti-ragging Act
The act sets out a comprehensive definition of ragging and the penalties involved. According to Section 2:
Section 2 (1):
“Any person who commits, or participates in, ragging, within or outside an educational institution, shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate be liable to rigorous imprisonment for a term not exceeding two years and may also be ordered to pay compensation of an amount determined by court, to the person in respect of whom the offence was committed for the injuries caused to such person.”“ අධ්යාපන ආයතනයක් තුළ දී හෝ ඉන් පිටත දී හෝ තවක වදය සිදු කරන්නා වූ හෝ එහි ලා සහභාගි වන්නා වූ යම් තැනැත්තකු මේ පනත යටතේ වරදකට වරදකරු වන අතර, මහෙස්ත්රාත්වරයකු ඉදිරියෙහි පවත්වනු ලබන ලඝු නඩු විභාගයකින් පසු වරදකරු කරනු ලැබූ විට, අවුරුදු දෙකක් නොඉක්මවන කාලයක් සඳහා බරපතල වැඩ ඇතිව බන්ධනාගාරගත කරනු ලැබීමට යටත් විය යුතුය; තව ද වරද සිදු කරනු ලැබුවේ යම් තැනැත්තකු සම්බන්ධයෙන් ද, ඒ තැනැත්තාට සිදු කරන ලද හානිය සඳහා අධිකරණය විසින් තීරණය කරනු ලබන මුදලකින් වන්දි ගෙවන ලෙස ද, ඒ පළමුව සඳහන් කළ තැනැත්තාට ආඥා කරනු ලැබිය හැකි ය.”
The punishments for ragging in Sri Lanka are designed to deter such behavior and promote a safer educational environment for all students. These punishments for ragging in Sri Lanka play a crucial role in shaping the conduct of students and ensuring accountability.
Section 2 (2):
“A person who, whilst committing ragging, causes sexual harassment or grievous hurt to any student or a member of the staff, of an educational institution shall be guilty of an offence under this Act and shall on conviction after summary trial before a Magistrate be liable to imprisonment for a term not exceeding ten years and may also be ordered to pay compensation of an amount determined by court, to the person in respect of whom the offence was committed for the injuries caused to such person.”“ අධ්යාපන ආයතනයක යම් ශිෂ්යයකුට හෝ කාරය මණ්ඩලයේ සාමාජිකයකුට හෝ නවක වදය සිදු කරන අතරතුර, ඒ ශිෂ්යයාට හෝ සාමාජිකයාට ලිංගික අතවරයක් හෝ බරපතල තුවාල සිදු කරන්නා වූ, යම් තැනැත්තකු මේ පනත යටතේ වරදකට වරදකරු වන අතර, මහෙස්ත්රාත්වරයකු ඉදිරියෙහි පවත්වනු ලබන ලඝු නඩු විභාගයකින් පසු වරදකරු කරනු ලැබූ විට, අවුරුදු දහයක් නොඉක්මවන කාලයක් සඳහා බන්ධනාගාරගත කරනු ලැබීමට ඒ තැතැත්තා යටත් විය යුතු ය; තව ද වරද සිදු කරනු ලැබුවේ යම් තැනැත්තකු සම්බන්ධයෙන් ද, ඒ තැනැත්තාට සිදු කරන ලද හානිය සඳහා, අධිකරණය විසින් තීරණය කරනු ලබන මුදලකින් වන්දි ගෙවන ලෙස ද, ඒ පළමුව සඳහන් කළ තැනැත්තාට ආඥා කරනු ලැබිය හැකිය”
This means the law applies not only to students but also to members of the academic or administrative staff who engage in or facilitate ragging.
Specific Offences Recognized Under the Act & Penalties
The following offences are criminalized under specific sections of the Act:
- Section 3 – Criminal Intimidation (සාපරාධි භය ගැන්වීම)
-Offenders are liable to rigorous imprisonment for a term not exceeding five years. - Section 4 – Hostage Taking (අඩස්සියට ගැනීම)
-Offenders are liable to rigorous imprisonment for a term not exceeding seven years.
- Section 5 – Wrongful Restraint (අයුතු ලෙස අවහිර කිරීම)
-Offenders are liable to rigorous imprisonment for a term not exceeding seven years.
- Section 6 – Unlawful Confinement (අයුතු ලෙස සිර කිරීම)
-Offenders are liable to imprisonment for a term not exceeding seven years.
- Section 7 – Forcible Occupation and Damage to Property of an Educational Institution (අධ්යාපන ආයතනයක දේපළට අලාභ හානි සිදු කිරීම)
-Offenders are liable to imprisonment for a term not exceeding ten years or to a fine not exceeding ten thousand rupees or to both such imprisonment and fine.
-Offenders are liable to imprisonment for a term to not exceeding twenty years and a fine of five thousand rupees or three times the amount of the loss or damage caused to such property, whichever amount is higher.
- Section 14 of the act says that, the provisions of this Act operate in addition to, and not in derogation of, the Penal Code, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994, or any other applicable law. This ensures that offenders may also be prosecuted under broader criminal laws where relevant.
These provisions reinforce the understanding that ragging is not merely a disciplinary issue, but a criminal act with far-reaching legal consequences.
Removal from the Educational Institution
Furthermore, it is important to recognize that the punishments for ragging in Sri Lanka are not just punitive but also educational, aiming to instill a sense of responsibility among students.
- Section 8 – Under Section 8 of the Anti-ragging Act, the court is empowered to impose additional disciplinary measures based on the gravity of the offence. If the convicted individual is a student, the court may order their expulsion from the educational institution. If the offender is a member of the staff, the court may order their dismissal from the institution. These provisions aim to uphold the safety and dignity of educational environments by holding all individuals – students or staff – accountable for their actions.
Summary of Key Legal Provisions Given in The Anti-Ragging Act
The Act enforces strong measures against all perpetrators, regardless of their position within the institution:
- Imprisonment: 2 to 20 years depending on the gravity of the offence.
- Fines: Monetary penalties imposed for damage or loss caused to property.
- Expulsion: Individuals found guilty may be expelled.
- Priority Handling: Courts must give priority to trials and appeals under the Act.
Applicability of the Penal Code
While the term “ragging” is not explicitly recognized in the Penal Code of Sri Lanka, acts commonly associated with ragging – such as physical assault and sexual harassment – are punishable under existing provisions, including Sections 311 (grievous hurt) and 345 (sexual harassment). These provisions provide legal recourse for victims of ragging-related offences, ensuring accountability for perpetrators. To strengthen legal protections for victims, it may be beneficial for Sri Lanka to explicitly define ragging as a criminal offence and mandate that educational institutions file official police reports for any ragging-related incidents. This approach would enhance the enforcement of existing laws and promote a safer environment within educational institutions.
Constitutional Protection Against Ragging as a Human Rights Violation
While Sri Lanka’s Constitution does not specifically address ragging, it provides fundamental rights protections that are applicable to such acts.
Article 11 of the Constitution guarantees that no person shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment. This protection is absolute and cannot be limited under any circumstances. Psychological harm, intimidation, and emotional abuse – all common in ragging – fall within the broader interpretation of this provision. Victims can file a fundamental rights petition before the Supreme Court against executive or administrative failures, such as inaction by educational institutions.
Additionally, the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994 strengthens these protections by criminalizing torture and allowing liability to be extended to individuals outside state authority.
Responsibilities of Institutions
Educational institutions also have a responsibility to implement preventive measures, raise awareness, and ensure a safe environment free from ragging and violence; such as:
- Enforce zero-tolerance policies across staff and students.
- Providing a clear and confidential communication channel for reporting incidents.
- Implementing awareness campaigns and educational programs.
- Carry out periodic audits or surveys to assess campus safety and the effectiveness of anti-ragging measures.
- Ensure disciplinary procedures are fair, swift, and transparent, to build trust in the reporting process.
- Establish anti-ragging committee.
This responsibility includes taking disciplinary and legal action against any staff member found to be complicit in or failing to act on ragging incidents.
Sri Lankan Case Laws on Ragging
- Piyangani Navaratne and Others v. Chadrasena – 1998 1 SLR 170
Eight teacher trainees at the Nilwala Educational College who were found guilty of ragging freshers. - Mannage Oshan Dharshana Wijesiri vs. The Officer in Charge, Criminal Investigations Department
Refers Section 4 & 5 of Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act. - Wijjapathiyalage Piyasena vs The Officer in Charge Criminal Investigations Department
Refers Section 4 & 5 of Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act.
Conclusion
Sri Lanka’s legal framework offers multiple layers of protection against ragging.
The Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act, No. 20 of 1998 directly addresses the issue by criminalizing various forms of ragging within educational settings. Further support comes from general criminal law provisions under the Penal Code, which cover offences such as assault, criminal intimidation, and wrongful confinement – acts often associated with ragging incidents.
Additionally, broader human rights protections are reinforced by laws such as the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act, No. 22 of 1994 and the Constitution itself, ensuring accountability even in cases involving psychological abuse.
While these measures form a solid foundation, the persistence of ragging in academic institutions highlights the need to critically review their effectiveness. It is high time to assess whether stronger legal provisions and enforcement mechanisms are required to eliminate this harmful practice altogether.
Furthermore, the punishments for ragging in Sri Lanka must be consistently enforced to ensure that all students feel safe and respected. It is equally important that educational institutions take responsibility for implementing the punishments for ragging in Sri Lanka effectively.
Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act, No. 20 of 1998 is available in all three languages (English, Sinhala & Tamil PDFs) in AI Pazz.
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