No. MCI-34(1)/2009-Med./25453,
In exercise of the powers conferred by Section 33 of the Indian
Medical Council Act, 1956 (102 of 1956) the Medical Council of India
with the previous sanction of the Central Government hereby makes
the following Regulations, namely:-
1.
Short title, commencement and applicability
(i)
These Regulations may be
called the Medical Council of India (Prevention and Prohibition of
Ragging in Medical Colleges/Institutions) Regulations, 2009.
(ii)
They shall come into force on
the date of their publication in the Official Gazette.
2.
Objective:-
To root out ragging in all its
forms from medical colleges/institutions in the country by
prohibiting it by law, preventing its occurrence by following the
provisions of these Regulations and punishing those who indulge in
ragging as provided for in these Regulations and the appropriate law
in force.
3.
Definitions:- For the purposes of these Regulations:-
3.1
“Medical College” means an institution, whether known as
such or by any other name, which provides for a programme, beyond 12
years of schooling, for obtaining recognized MBBS qualification from
a university and which, in accordance with the rules and regulations
of such university, is recognized as competent to provide for such
programmes of study and present students undergoing such programmes
of study for the examination for the award of recognized
MBBS/PG Degree/Diploma qualifications.
3.2
“Head of the institution” means the
Dean/Principal/Director of the concerned medical
college/institution.
3.3
Ragging” includes the following:
Any conduct whether by words
spoken or written or by an act which has the effect of harassing,
teasing, treating or handling with rudeness any other student,
indulging in rowdy or undisciplined activities which causes or is
likely to cause annoyance, hardship or psychological harm or to
raise fear or apprehension thereof in a fresher or a junior student
or asking the students to do any act or perform something which such
student will not in the ordinary course and which has the effect of
causing or generating a sense of shame or embarrassment so as to
adversely affect the physique or psyche of a fresher or a junior
student.
3.4
MCI means MCI constituted in terms of Section 3 of Indian
Medical Council Act, 1956.
3.5
“University” means a university established or
incorporated by or under a Central Act, a Provincial Act or a State
Act, an institution deemed to be university under Section 3 of the
UGC Act,1956, or an institution specially empowered by an Act of
Parliament to confer or grant degrees.
4.
Punishable ingredients of Ragging:-
• Abetment to ragging;
• Criminal conspiracy to rag;
• Unlawful assembly and rioting
while ragging;
• Public nuisance created during
ragging;
• Violation of decency and
morals through ragging;
• Injury to body, causing hurt
or grievous hurt;
• Wrongful restraint;
• Wrongful confinement;
• Use of criminal force;
• Assault as well as sexual
offences or even unnatural offences;
• Extortion;
• Criminal trespass;
• Offences against property;
• Criminal intimidation;
• Attempts
to commit any or all of the above mentioned offences against the
victim(s);
• Physical
or psychological humiliation.
• All other offences following from the definition of
“Ragging”.
5.
Measures for prohibition of ragging:-
5.1
The Medical College/Institution / University shall strictly
observe the provisions of the Act of the Central Government and the
State Governments, if any, or if enacted and / or for the time being
in force, considering ragging as a cognizable offence under the law
at par with rape and other atrocities against women and
ill-treatment of persons belonging to the SC/ST and prohibiting
ragging in all its forms in all institutions.
5.2
Ragging in all its forms shall be totally banned in the
entire Medical College/Institution / University including its
departments, constituent units, all its premises (academic,
residential, sports, canteen, etc) whether located within the campus
or outside and in all means of transportation of students whether
public or private.
5.3
The Medical College/Institution / University shall take
strict action against those found guilty of ragging and/or of
abetting ragging.
6.
Measures for prevention of ragging at the institution level:-
6.1
Before admissions:-
6.1.1
The advertisement for admissions shall clearly mention that
ragging is totally banned / prohibited in the Medical
College/Institution and anyone found guilty of ragging and/or
abetting ragging is liable to be punished appropriately.
6.1.2
The brochure of admission/instruction booklet for candidates
shall print in block letters these Regulations in full (including
Annexures).
6.1.3
The ‘Prospectus’ and other admission related documents
shall incorporate all directions of the Hon’ble Supreme Court and
/or the Central or State Governments as applicable, so that the
candidates and their parents/ guardians are sensitized in respect of
the prohibition and consequences of ragging.
6.1.4
A Brochure
or booklet/leaflet shall be distributed to each student at the
beginning of each academic session for obtaining undertaking not to
indulge or abet ragging and shall contain the blueprint of
prevention and methods of redress.
The
application form for admission/ enrolment shall have a printed
undertaking, preferably both in English/Hindi and in one of the
regional languages known to the institution and the applicant
(English version given in Annexure I, Part I), to be filled up and
signed by the candidate to the effect that he/she is aware of the
law regarding prohibition of ragging as well as the punishments, and
to the effect that he/she has not been expelled and/or debarred from
admission by any institution and that he/she, if found guilty of the
offence of ragging and/or abetting ragging, is liable to be punished
appropriately.
6.1.5
The application form shall also contain a printed
undertaking, preferably both in English/Hindi and in one of the
regional languages known to the institution and the parent/ guardian
(English version given in Annexure I, Part II), to be signed by the
parent/ guardian of the applicant to the effect that he/ she is also
aware of the law in this regard and agrees to abide by the
punishment meted out to his/ her ward in case the latter is found
guilty of ragging and/or abetting ragging.
A
database shall be created out of affidavits affirmed by each student
and his/her parents/guardians stored electronically, and shall
contain the details of each student. The database shall also
function as a record of ragging complaints received.
6.1.6
The application for admission shall be accompanied by a
document in the form of the School Leaving Certificate/transfer
certificate/migration certificate/ Character Certificate which shall
include a report on the behavioral pattern of the applicant, so that
the institution can thereafter keep intense watch upon a student who
has a negative entry in this regard.
6.1.7
A student seeking admission to the hostel shall have to
submit additional undertaking in the form of Annexure I (both Parts)
along with his/ her application for hostel accommodation.
6.1.8
At the commencement of the academic session the Head of the
Institution shall convene and address a meeting of various
functionaries/agencies, like Wardens, representatives of students,
parents/ guardians, faculty, district administration including
police, to discuss the measures to be taken to prevent ragging in
the Institution and steps to be taken to identify the offenders and
punish them suitably.
6.1.9
To make the community at large and the students in particular
aware of the dehumanizing effect of ragging, and the approach of the
institution towards those indulging in ragging, big posters
(preferably multicolored with different colours for the provisions
of law, punishments, etc.) shall be prominently displayed on all
Notice Boards of all departments, hostels and other buildings as
well as at vulnerable places. Some of such posters shall be of
permanent nature in certain vulnerable places.
6.1.10
Apart from placing posters mentioned in sub-clause 6.1.9
above at strategic places, the Medical College/Institution shall
undertake measures for extensive publicity against ragging by means
of audio-visual aids, by holding counseling sessions, workshops,
painting and design competitions among students and other methods as
it deems fit.
6.1.11
The Medical College/Institution/University shall request the
media to give adequate publicity to the law prohibiting ragging and
the negative aspects of ragging and the institution’s resolve to
ban ragging and punish those found guilty without fear or favour.
6.1.12 The
Medical
College
/Institution/
University
shall identify, properly illuminate and man all vulnerable
locations.
6.1.13 The Medical
College/Institution/University shall tighten security in its
premises, especially at the vulnerable places. If necessary, intense
policing shall be resorted to at such points at odd hours during the
early months of the academic session.
6.1.14 The Medical
College/Institution/University shall utilize the vacation period
before the start of the new academic year to launch wide publicity
campaign against ragging through posters, leaflets. seminars, street
plays, etc.
6.1.15 The faculties/
departments/ units of the Medical College/Institution /University
shall have induction arrangements (including those which anticipate,
identify and plan to meet any special needs of any specific section
of students) in place well in advance of the beginning of the
academic year with a clear sense of the main aims and objectives of
the induction process.
The
Principal or Head of the Institution/Department shall obtain an
undertaking from every employee of the institution including
teaching and non-teaching members of staff, contract labour employed
in the premises either for running canteen or as watch and ward
staff or for cleaning or maintenance of the buildings/lawns etc.
that he/she would report promptly any case of ragging which comes to
his/her notice. A provision shall be made in the service rules for
issuing certificates of appreciation to such members of the staff
who report ragging which will form port of their service record.
6.2.
On admission:-
6.2.1
Every fresher admitted to the Medical
College/Institution/University shall be given a printed leaflet
detailing when and to whom he/she has to turn to for help and
guidance for various purposes (including Wardens, Head of the
institution, members of the anti-ragging committees, relevant
district and police authorities), addresses and telephone numbers of
such persons/authorities, etc., so that the fresher need not look up
to the seniors for help in such matters and get indebted to them and
start doing things, right or wrong, at their behest. Such a step
will reduce the freshers’ dependence on their seniors.
Every
institution should engage or seek the assistance of professional
counselors at the time of admissions to counsel `freshers' in order
to prepare them for the life ahead, particularly for adjusting to
the life in hostels.
6.2.2
The Medical College/Institution/University through the
leaflet mentioned above shall explain to the new entrants the
arrangements for their induction and orientation which promote
efficient and effective means of integrating them fully as students.
6.2.3
The leaflet mentioned above shall also inform the freshers
about their rights as bonafide students of the institution and
clearly instructing them that they should desist from doing anything
against their will even if ordered by the seniors, and that they
have nothing to fear as the institution cares for them and shall not
tolerate any atrocities against them.
6.2.4
The leaflet mentioned above shall contain a calendar of
events and activities laid down by the institution to facilitate and
complement familiarization of freshers with the academic environment
of the institution.
6.2.5
The Medical College/Institution/University shall also
organize joint sensitization programmes of ‘freshers’ and
seniors.
On
the arrival of senior
students after the first week or after the second week as the case
may be, further orientation programmes must be scheduled as follows
(i) joint sensitization programme and counseling of both 'freshers'
and senior by a Professional
counselor; (ii) joint orientation programme of 'freshers' and
seniors to be addressed by the principal/Head of the institution,
and the anti -ragging committee ; (iii) organization on a large
scale of cultural, sports and other activities to provide a platform
for the 'freshers' and seniors to interact in the presence of
faculty members ; (iv) in the hostel, the warden should address all
students; may request two junior colleagues from the college faculty
to assist the warden by becoming resident tutors for a temporary
duration.
6.2.6
Freshers shall be encouraged to report incidents of ragging,
either as victims, or even as witnesses.
6.3.
At the end of the academic year:-
6.3.1
At the end of every academic year the Dean/Principal/Director
shall send a letter to the parents/guardians of the students who are
completing the first year informing them about the law regarding
ragging and the punishments, and appealing to them to impress upon
their wards to desist from indulging in ragging when they come back
at the beginning of the next academic session.
6.3.2
At the end of every academic year the Medical
College/Institution /University shall form a ‘Mentoring Cell’
consisting of Mentors for the succeeding academic year. There shall
be as many levels or tiers of Mentors as the number of batches in
the institution, at the rate of 1
Mentor
for 6 freshers and 1
Mentor
of a higher level for 6 Mentors of the lower level.
Each
batch of freshers should be divided into small groups and each such
group shall be assigned to a member of the staff.
Such staff member should interact individually with, each
member of the group on a daily basis for ascertaining the
problems/difficulties if any faced by the fresher in the institution
and extending necessary help.
In
the case of freshers admitted to a hostel it shall be the
responsibility of the teacher in charge of the group to coordinate
with the warden of the hostel and to make surprise visits to the
rooms in the hostel where the members of the group are lodged.
6.4.
Setting up of Committees and their functions:-
6.4.1
The Anti-Ragging Committee:- Every
institution shall have an Anti-Ragging Committee and an Anti
-Ragging Squad. The
Anti-Ragging Committee shall be headed by the Head of the
institution and shall consist of representatives of civil
and police administration, local media, Non Government Organizations
involved in youth activities, faculty members, parents,
students belonging to the freshers’ category as well as seniors
and non-teaching staff. It shall monitor the Anti Ragging activities
in the institution, consider the recommendations of the Anti-Ragging
Squad and take appropriate decisions, including spelling out
suitable punishments to those found guilty.
6.4.2
The Anti-Ragging Squad:- The Anti-Ragging Squad shall be
nominated by the Head of the institution with such representation as
considered necessary and shall exclusively consist of members
belonging to the various sections of the campus community. The Squad
shall have vigil, oversight and patrolling functions. It shall be
kept mobile, alert and active at all times and shall be empowered to
inspect places of potential ragging and make surprise raids on
hostels and other hot spots. The Squad shall investigate incidents
of ragging and make recommendations to the Anti-Ragging Committee
and shall work under the overall guidance of the Anti-Ragging
Committee.
All
matters of discipline within teaching institutions must be resolved
within the campus except those impinging on law and order or breach
of peace or public tranquility, all of which should be dealt with
under the penal laws of the land
University
Monitoring Cell
At the level of the University, we recommend that there
should be a Monitoring Cell on Ragging, which should coordinate with
the affiliated colleges and institutions under its domain. The Cell
should call for reports from the Heads of institutions in regard to
the activities of the Anti-Ragging Committee, Anti - Ragging Squads,
Monitoring Cells at the level of the institution, the compliance
with instructions on conducting orientation programmes, counseling
sessions, the incidents of ragging, the problems faced by wardens or
other officials. It should also keep itself abreast of the decisions
of the District level Anti – Ragging Committee. This Monitoring
Cell should also review the efforts made by institutions o publicize
anti - ragging measures, soliciting of undertaking from parents and
students each year to abstain from ragging activities or willingness
to be penalized for violations; and should function as the prime
mover for initiating action on the part of the appropriate
authorities of the university for amending the Statutes or
Ordinances or Bye -laws to facilitate the implementation of
anti-ragging measures at the level of the institution.
6.5.
Other measures:-
6.5.1
The Annexures mentioned in 6.1.4, 6.1.5 and 6.1.7 of these
Regulations shall be furnished at the beginning of each academic
year by every student, that is, by freshers as well as seniors.
6.5.2
The Medical College/Institution /University shall arrange for
regular and periodic psychological counseling and orientation for
students (for freshers separately, as well as jointly with seniors)
by professional counselors during the first three months of the new
academic year. This shall be done at the institution and department/
course levels. Parents and teachers shall also be involved in such
sessions.
6.5.3
Full-time warden shall be appointed as per the eligibility
criteria laid down for the post reflecting both the command and
control aspects of maintaining discipline, as well as the softer
skills of counseling and communicating with the youth outside the
class-room situations. Wardens shall be accessible at all hours and
shall be provided with mobile phones and
the details of their telephone number must be widely publicized.
Similarly, the telephone numbers of the other important
functionaries - Heads of institutions, faculty members, members of
the anti-ragging committees, district and sub-divisional authorities
and state authorities where relevant, should also be widely
disseminated for the needy to get in touch or seek help in
emergencies. The institution shall review
and suitably enhance the powers and perquisites of Wardens and
authorities involved in curbing the menace of ragging.
Futher
the institutions shall provide necessary incentives for the post of
full-time warden, so as to attract suitable candidates.
6.5.4
Freshers
shall be lodged in a separate hostel block, wherever possible, and
where such facilities are not available, the college/institution
shall ensure that seniors' access to freshers' accommodation is
strictly monitored by wardens, security guards and college staff.
As
ragging takes place mostly in the hostels after the classes are over
in the college, a round the clock vigil against ragging in the
hostel premises shall be provided.
It is seen, that college canteens and hostel messes are also
places where ragging often takes place. The employers/employees of
the canteens/mess shall be given necessary instructions to keep
strict vigil and to report the incidents of ragging to the college
authorities if any.
The security personnel posted
in hostels shall be under the direct control of the Wardens and
assessed by them.
6.5.5
Private commercially managed lodges and hostels shall be
registered with the local police authorities, and this shall be done
necessarily on the recommendation of the Head of the institution.
Local police, local administration and the institutional authorities
shall ensure vigil on incidents that may come within the definition
of ragging and shall be responsible for action in the event of
ragging in such premises, just as they would be for incidents within
the campus. Managements of such private hostels shall be responsible
for action
in the event of ragging in such premises, just as they would be for
incidents within campuses.
6.5.6
Besides registering private hostels as stated above, the
towns or cities where
educational institutions
are located
should be
apportioned as sectors among faculty members, as is being done by
some institutions, so that they could maintain vigil and report any
incidents of ragging outside campuses and en route while 'freshers'
commute.
6.5.7
The Head of the institution shall take immediate action on
receipt of the recommendations of the Ant-Ragging Squad. He/ She
shall also take action suo motu if the circumstances so warrant.
6.5.8
Freshers who do not report the incidents of ragging either as
victims or as witnesses shall also be punished suitably.
6.5.9
Anonymous random surveys shall be conducted across the 1st
year batch of students (freshers) every fortnight during the first
three months of the academic year to verify and cross-check whether
the campus is indeed free of ragging or not. The institution may
design its own methodology of conducting such surveys.
6.5.10 The burden of proof
shall lie on the perpetrator of ragging and not on the victim.
6.5.11 The institution shall
file an FIR with the police / local authorities whenever a case of
ragging is reported, but continue with its own enquiry and other
measures without waiting for action on the part of the police/ local
authorities. Remedial action shall be initiated and completed within
the one week of the incident itself.
6.5.12
The Migration/Transfer Certificate issued to the student by
the Medical College/Institution /University shall have an entry,
apart from those relating to general conduct and behaviour, whether
the student has been punished for the offence of committing or
abetting ragging, or not, as also whether the student has displayed
persistent violent or aggressive behaviour or any inclination to
harm others.
6.5.13 Preventing or acting
against ragging shall be the collective responsibility of all levels
and sections of authorities or functionaries in the Medical
College/Institution /University, including faculty, and not merely
that of the specific body/ committee constituted for prevention of
ragging.
6.5.14 As such the college
canteens and hostel messes are also places where ragging often takes
place, hence the employers/employees of the canteens/mess shall be
given necessary instructions to keep strict vigil and to report the
incidents of ragging to the college authorities, if any.
Further access to
mobile phones and public phones shall be unrestricted in hostels and
campuses, except in class-rooms, seminar halls, library etc. where
jammers shall be installed to restrict the use of mobile phones.
6.6
Measures for encouraging healthy interaction between freshers
and seniors:-
6.6.1
The Medical College/Institution /University shall set up
appropriate committees including the course-in- charge, student
advisor, Warden and some senior students to actively monitor,
promote and regulate healthy interaction between the freshers and
senior students.
6.6.2
Freshers’ welcome parties shall be organized in each
department by the senior students and the faculty together soon
after admissions, preferably within the first two weeks of the
beginning of the academic session, for proper introduction to one
another and where the talents of the freshers are brought out
properly in the presence of the faculty, thus helping them to shed
their inferiority complex, if any, and remove their inhibitions.
6.6.3
The Medical College/Institution /University shall enhance the
student-faculty interaction by involving the students in all matters
of the institution, except those relating to the actual processes of
evaluation and of faculty appointments, so that the students shall
feel that they are responsible partners in managing the affairs of
the institution and consequently the credit due to the institution
for good work/ performance is due to them as well.
7.
Regulatory Measures
The inspecting/visiting
committees of MCI shall cross verify that the medical
college/institution has strictly complied with the anti ragging
measures and has a blemishless record in terms of there being no
incident of ragging during the impending period (i.e. from earlier
inspection) or otherwise.
8.
Awardable Punishments.
8.1
At the Medical College/Institution level:
Depending upon the nature and
gravity of the offence as established by the Anti-Ragging Committee
of the institution, the possible punishments for those found guilty
of ragging at the institution level shall be any one or any
combination of the following:
8.1.1
Suspension from attending classes and academic privileges.
8.1.2
Withholding/withdrawing scholarship/ fellowship and other
benefits
8.1.3
Debarring from appearing in any test/ examination or other
evaluation Process.
8.1.4.
Withholding results
8.1.5
Debarring from representing the institution in any regional,
national or international meet, tournament, youth festival, etc.
8.1.6
Suspension/ expulsion from the hostel
8.1.7
Cancellation of admission.
8.1.8
Rustication from the institution for period ranging from 1 to
4 semesters
8.1.9
Expulsion from the institution and consequent debarring from
admission to any other institution for a specific period.
8.1.10 Fine of Rs. 25,000/-
and Rs. 1 lakh.
8.1.11
Collective punishment: When the persons committing or abetting the
crime of ragging are not identified, the institution shall resort to
collective punishment.
8.2
Penal consequences for the heads of
the institutions/administration of the institution who do not take
timely steps in the prevention of ragging and punishing those who
rag.
The authorities of the
institution particularly the Head of the institution, shall be
responsible to ensure that no incident of ragging takes place in the
institution. In case any
incident of ragging takes place, the Head shall take prompt and
appropriate action against the person (s) whose dereliction of duty
lead to the incident. The
authority designated to appoint the Head shall, in its turn, take
prompt and appropriate action against the Head.
In
addition to penal consequences, departmental enquiries be initiated
against such heads institutions / members of the administration /
faculty members / non-teaching staff, who display an apathetic or
insensitive attitude towards complaints of ragging.
8.3
At the MCI level
8.3.1
Impose an exemplary fine of Rs. 1 lakh for each incident of
ragging payable by erring medical college/institution to such
authority as may be designated by the appropriate Govt., as the case
may be.
8.3.2
Declare the erring
Medical
College
/Institution/
University
as not having the minimum academic standards and warning the
potential candidates for admission at such institution through
public notice and posing on the MCI website.
8.3.3
Declare the erring
Medical
College
/Institution/
University
to be ineligible for preferring any application u/s 10A of the
Indian Medical Council Act, 1956 for a minimum period of one year,
extendable by such quantum by the Council as would be commensurate
with the wrong.
(Lt.
Col. (Retd.) Dr. A.R.N. Setalvad)
SECRETARY
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