Free Education and the Virus of Ragging; Legal & Other Remedies

Introduction…

This article deals with the virus of ragging which has contaminated the Free Education System of Sri Lanka, creating headlines from time to time. The most recent news came from the Sabaragamuwa University, where an undergraduate allegedly committed suicide subsequent to being ragged (Ada Derana, 2025b) and from the Kuliyapitiya Technical College (Ada Derana, 2025a). 

Thereby, this article will discuss the value of education, SL’s Free Education System and various attributes of ragging. Thereafter, legal remedies which can be used against ragging will be considered. Finally, it will present some suggestions to assist the eradication of this virus from SL. 

Education; A Strategic Investment…

Education is a continuous process from one’s birth to death in various forms and faces. Underscoring its importance, education was made a universal human right in 1948 (UNESCO, 2024).

Education also goes beyond individuality, and has a substantial impact on the larger society. According to Doharey et al. (2023), “education is not only important for the personal development of individuals but also for the social, economic, and cultural development of societies” (p.2, emphasis added).

Further, the UNESCO Director General Audrey Azoulay notes that:

The message is clear: not only education for all [is] a powerful lever for economic development, but it is also a strategic investment-one of the best investments there is for individuals, economies and society as a whole (UNESCO, 2024, p.6, emphasis added).

Highlighting this broad impact, “quality education” was made a Sustainable Development Goal in 2015 (UNESCO, 2024). Sustainable Development Goals Target 4.1 deals with ensuring free, equitable and quality primary and secondary education to all boys and girls by 2030 and Target 4.3 deals with ensuring equal access to affordable and quality technical, vocational and tertiary education including university to men and women by 2030 (United Nations, 2015).

However, according to UNESCO (2024), globally 128 million boys & 122 million girls are excluded from schooling and 57% of the world’s children “have not received basic skill levels” (p.4).

Further, with regard to “participation in higher education”, UNESCO notes that:

the past decade has seen a significant growth in enrolment, yet millions around the world are still denied their right to education, and learning opportunities continue to be unequally distributed (UNESCO, 2022, p.8, emphasis added).

Therefore, there are many educational deficits present even in today’s world negatively affecting many.

Sri Lanka’s Free Education System…

However, Sri Lanka proudly boasts of its “Free Education System” which is in existence since the 1940s owing to the visionary leadership and advocacy of statesmen like Hon. C.W.W. Kannangara and subsequent governments.

Since inception, Free Education System has enlightened the lives of many Sri Lankans by giving them a chance to obtain the fruits of primary, secondary as well as tertiary/university education for free of charge. It has also evolved to provide other related benefits such as free uniforms, free textbooks, school development programs, scholarships to university students to further strengthen this policy.

Free Education System has also contributed to the improvement of Sri Lanka’s ratings such as the literacy rate and human quality index etc. (Alawattegama, 2020). Therefore, without a doubt, this policy stands as one of the best investments done by SL government to date. However, it is also “criticized for not being progressively improved and developed for a long time to cope with the changing world” (Alawattegama, 2020, p.7).

In this context, this article will discuss the virus of ragging which has contaminated the “free education system” by making it not so “free” for many undergraduates. 

Definition of Ragging…

Within the region, ragging is defined as follows.

According to Sri Lanka’s “Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act No. 20 of 1998” ¸ ragging is:

Any act which causes or is likely cause physical or psychological injury or mental pain or fear to a student or a member of the staff of an educational institution.

As per Jammu and Kashmir’s “Prohibition of Ragging Act 2011” ragging is:

any disorderly conduct, whether by words spoken or written, or by an act which has the effect of 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 student to do any act or perform something which such student will not do in the ordinary course and which has the effect of causing or generating a sense of shame or embarrassment or adverse effect on the physique or psyche of a fresher, or a junior student ;

Tamil Nadu’s “Act No 07 of 1997”, defines ragging as:

display of noisy, disorderly conduct doing any act which causes or is likely to cause physical or psychological harm or raise apprehension or fear or shame or embarrassment to a student in any educational institution and includes, - (a) teasing, abusing of, playing practical jokes on, or causing hurt to such student; or (b) asking the student to do any act or perform something which such student will not in the ordinary course willingly do.

Therefore, above legal literature shows that ragging is an activity which inherently goes against the personal security and liberty of those subjected to it. As a result, ragging is expressly outlawed by above legislations. 

Ragging culture in SL…

According to UGC (2022, p.106), “ragging is a major problem in state universities” and has existed for many decades.

Regrettably some in SL, consider ragging as a rite of passage into the university life (Ruwanpura, 2011) and those who oppose it, face the threat of being socially isolated during their studentship (Wickramasinghe et al., 2022).

For an example, a 2022 study found that 59% of undergraduates who entered the University of Jaffna did experience ragging within the Medical and Technology faculties (Wickramasinghe et al., 2022).

Ragging exists in various forms such as “Vata rag/thela bedheema”, dress codes, “night rag” etc. and includes physical/verbal, violent/non-violent and even sexualized ragging (Ruwanpura, 2011). For example, Ruwanpura (2011), narrates how she received “an email… saying that a woman was raped during the rag at University of Sri Jayawardenapura” at one point (p.108).

Research conducted by the University Grants Commission in collaboration with the UNICEF has made an alarming revelation that:

51.2 % of students were subjected to verbal harassments, about 34.3 % of students were subjected to psychological violence, about 23.8% to physical abuse and about 16.6 % of students were subjected to sexual harassments as a result of ragging (UGC, 2022, p.106).

According to above UGC/UNICEF research, some of the “soft ragging” activities include forcing students to watch “pornographic material for extended periods of time… and being forced to remain in uncomfortable physical positions for extended periods of time”, whereas “hard ragging can include physical assault, vigorous exercise, and sexually explicit acts” (UGC, 2022, p.106).

Further, UGC (2022) noted that “most extreme forms of harassment seem to occur in hostels” (p.108) while acknowledging the occurrence of ragging in other locations such as university grounds, canteens, common halls etc. and also highlighted that ragging has now evolved to “virtual forms… with remarkable efficacy” (p.107).

Most researchers highlight that there are limitations to their studies since undergraduates are afraid to divulge details about their unpleasant experiences.

The Age of Majority Ordinance No. 07 of 1865, dictates the “legal age of majority” as 18 years. However, ragging does not give any regard to the personal liberties or choices of undergraduates - who are in fact adults - and instead treats them as animals by illegally and humiliatingly curtailing their personal liberties including the freedom of movement, religion, speech and association etc.

For an example, Ruwanpura (2011) narrates how a female Muslim student of Kelaniya University was mocked when she pleaded to be excused from holding a boy’s hand as her religious beliefs prohibited such conduct.

Association of Politics

It is also important to discuss the association of politics in ragging.

According to Professor Arjuna Parakrama, there is a deep nexus between Politics and Ragging and certain external political groups benefit from ragging as it creates a bunch of puppets and slaves out of undergraduates who would listen to them without questioning. He also states that this political association stands against the efforts to eradicate ragging from universities (Hiru News, 2025).

Professor Sujeewa Amarasinghe notes that ragging is conducted to find necessary cadres for political activities of external political groups such as protests/processions (SL Today, 2019).

Former Minister Champika Ranawaka, explains how the JVP political agenda was carefully instilled in the minds of undergraduates via ragging in a step-by-step manner during his time at the Moratuwa University in the 1980s (Iraj Show, 2025).  

According to UGC “indoctrination takes place during ragging to attract new members to different political parties” (UGC, 2022, p.66).

Therefore, the nexus between politics and ragging cannot be simply disregarded. While undergraduates have a fundamental freedom to engage in political activities, no undergraduate can be forced in to such activities as per the law of the land.

The Great Bluff…

This section presents some of the alleged justifications put forward by perpetrators in defense of ragging while calling out few of them.

According to Ruwanpura (2011) some of the justifications for ragging as alleged by perpetrators, include the following:

• Equalizing all freshers regardless of religion, class and caste etc.
• Educating freshers about university sub culture.
• Building Character/personality

According to the UGC (2022), justifications alleged by the perpetrators are:

•        Creation of unity
•        Provision of Security for undergraduates
•        Familiarization of university culture
•        Teaching proper behavior such as respecting lecturers.

All of above “alleged” justifications fall short of the basic standards such as rationality, proportionality and legality while there are many other creative, legal and nonviolent ways to better achieve these ends. After all, “there can be no impure steps to attain a pure goal” (Jayawardene, 1992, p.127).

For an example, forcing undergraduates to do things against their religious beliefs, in the name of “equalizing all” is manifestly absurd (vide unpleasant experience faced by a Muslim female student which is discussed above).

However, the reality of ragging is that it is truly conducted to achieve various hidden agendas as discussed below. Yet, those who carry out ragging and/or endorse it don’t see or acknowledge this reality, as “self-interest not only blinds one to justice and fair play but also to the simplest applications of logic and reason” (Nehru, 1946, p.43).

Perpetrators, Their Minds and Motivations…

This section discusses the characteristics perpetrators, their real motivations and rationale for committing ragging.

UGC (2022) notes that:

There is a direct relationship between the students who got involved in ragging and those who did not, their social class, and their place of origin, whether urban or rural. Accordingly, students who come from rural backgrounds, stay in hostels and had disturbed childhood are mostly involved in ragging. In contrast, students from financially stable families and coming from urban backgrounds are less likely to get involved in ragging (pp.78-79, emphasis added).

UGC (2022) also noted that “perpetrators have a liking to imitate strong leftist political figures” (pp.79-80) and that perpetrators “differed according to faculties” and Art Faculty students are more likely to engage in ragging (p.70).

Gamage (2017) notes that:

From my observations during the years, I was a student and later a lecturer at Peradeniya, I can state that there is an element of class jealousy on the part of seniors who engage in ragging. If they see some male freshers come to the campus with the trappings of urban middle-class backgrounds, they are taken to task. For example, wearing jeans, expensive shoes or shirts, mod haircuts, and expensive watches can be an attraction to good-looking female freshers. To prevent the latter being attracted by the former, seniors who engage in ragging force male freshers to either remove such items or confiscate these items temporarily (p.36, emphasis added).

Gunatilaka (2019) has compiled a list of motivations for ragging, which includes;

•   The desire to wield authority and power over juniors
•   The desire to fulfill sadistic pleasures
•   The desire to compensate for the ordeal of ragging they went through when they were juniors, etc.

Hettiarachchi (2020, p.161) has made a list of expectations of ragging which includes:

·   Releasing stress/compulsions
·     Venting of suppressed impulses such as unresolved childhood conflicts
·     Seeking dominance/superiority
·     Creating a defense mechanism
·     Gratification of sadistic, sexual desires
·     Giving back what they got
·     Getting rid of peer pressure
·     Fulfilling political agenda

He further notes that:

It was revealed that most of these perpetrators share the common characteristics of coming from underprivileged sociocultural, economic and family backgrounds, who had less opportunity and recognition in their schools/society or having political agendas (p.168, emphasis added). 

Ruwanpura (2011) notes that, ragging is also committed to secure a partner from amongst the new comers and to convince freshers to join the Maha Shishya Sangamaya.

Real Effect…

Many academics have discussed the real effects of ragging calling out the great bluff.

Gunatilaka (2019) notes that “the persons who have been ragged have developed psychological, physical, emotional and behavioral problems”.

Further, Hettiarachchi (2020, p.166) notes that “inferiority related ragging reduces confidence level of students, making them highly dependent on seniors while breaking down strongly built personalities with irreversible psychological impacts”.

Research conducted by UGC (2022) in collaboration with UNICEF notes the following effects of ragging:

       ·    “Students who have not experienced ragging have maintained a very high level of attendance”  (p.60). 
·       Having sleepless nights and nightmares “is dependent on ragging experience” (p.62).
·    Having negative effects on academic performance especially during first year as they are restricted from using certain university facilities and forced to attend protests etc.
·       Abandonment of University studies.

Ruwanpura (2011) highlights how freshers, in orders to avoid ragging, only traverse from one lecture to another or place of accommodation and as a result “library and/or the computers centers were hardly used since that involved traversing further afield” (p.109).

These highlight the heavy toll of ragging on the academic experience of students who are expected to achieve world class standards through the maximum utilization of available resources without wasting valuable funds of tax payers.

UGC (2022, pp. 24-25), by referring to a presentation done by Professor Camena Guneratne, lists some of the real effects of ragging, as follows:

·     1975 – Rupa Rathnaseeli of the University of Peradeniya leapt off the second floor of Ramanathan Hall to avoid grave sexual abuse. She was paralyzed and many years later she committed suicide.

·       1993 – Chaminda Punchihewa died as a result of ragging at the University of Ruhuna.

·       1997 – A first year female student of the University of Ruhuna committed suicide after she was subject to severe sexual harassment.

·       1998 – The death of Varapragash in University of Peradeniya due to injuries sustained in ragging.

·     2002 – Ovitigala Vithanage Samantha was murdered in university of Sri Jayewardenepura when he tried to stop ragging.

·      2011 – A female student became semi-paralyzed in one limb due to physical ragging at the University of Ruhuna.

·    2011 – Three students from the University of Peradeniya were arrested for sexually assaulting a fresher.

·       2013 – Three second year female students of the University of Peradeniya, were charged with ragging a group of female freshers in a toilet. The freshers had been stripped naked during the ragging and forced to perform indecent sexual acts. The university suspended them for three weeks. According to the internal report the victim was afraid to lodge a complaint, as the university authorities did not take female ragging incidents seriously.

·      2014 – A former male student committed suicide at the University of Peradeniya who had been forced to leave the University due to ragging.

·   2015 – Suicide of fresher Amali Chathurika due to ragging at the Sabaragamuwa University.

Hence, it is clear that ragging not only impacts the physical, emotional, psychological and academic potentials of undergraduates but also breaks down their personalities. Further, it has brutally and unfortunately taken the lives of many students.

Therefore, this is a dangerous phenomenon calling for immediate, effective and comprehensive remedial actions. In the absence of such measures, it will continue to undermine the importance of education and challenge the “freedom” in SL’s Free Education System creating a mockery of Sri Lanka’s future!

Legal Aspect and Remedies…

Having considered various attributes of ragging, this article will now focus on its legal aspects and legal remedies which can be used for the containment/eradication of this menace. While legal remedies alone cannot solve this problem in its entirety, they surely can contribute to the fight against ragging effectively.

Constitutional Protections and Remedies…

This section will discuss the usage of “Fundamental Rights jurisdiction” and the “Writ Jurisdiction” against ragging under the supreme law of the land i.e., the 1978 Constitution of Sri Lanka.

Fundamental Rights Jurisdiction

Chapter 03 of the Constitution protects the Fundamental Rights (FRs) of citizens and following are some of the FRs that are relevant to this topic:

      ·       Article 10 – Freedom of thought, conscience and religion
·       Article 11 – Freedom from torture or cruel, inhuman, degrading treatment/punishment
·       Article 12 – Right to equal protection of the law
·       Article 14 – Freedom of speech, peaceful assembly, association, movement etc.

Therefore, just as all other citizens, undergraduates are also entitled to equal protection of law including these FRs.

For an example, isolating an anti-ragging undergraduate from the rest of the student community or restricting his ability to freely move around or use university facilities will violate his FRs, including the ones enumerated in Article 14.

Under Article 28, it is the duty of every person in SL to “uphold and defend the constitution and law” and to “respect the rights and freedoms of others”. Therefore, all those who are committing ragging are clearly in breach of their fundamental duties as citizens.

As per Article 17 and 126, a person can file a FR petition against the actions of executive/administrative authorities for infringements/imminent infringements of FRs within a 01-month period.  However, private persons cannot be sued under FR jurisdiction.

Further, as reaffirmed by the Supreme Court in the Easter Sunday Terrorist Attack FR Case 2023, executive authorities can be held liable for their inactions/omissions which results in FR violations.

Therefore, entities like Ministry of Higher Education, University Grants Commission and Universities can be sued under FR jurisdiction for not taking appropriate and adequate steps to eradicate and/or prevent ragging.

Writ Jurisdiction

Under Article 140, the Court of Appeal has power to conduct Judicial Review of actions of public authorities under illegality, irrationality, procedural impropriety and proportionality and issue “Writ orders”.

Therefore, a person can seek a writ order against the Ministry, UGC or a University to effect immediate and meaningful reforms to eradicate and/or prevent ragging.

While both FR jurisdiction and Writ jurisdiction can be mobilized to make systematic reforms, they cannot be used directly against private persons or in this context, the perpetrators of ragging.

Therefore, this article will now consider the legal remedies which can be directly used against such perpetrators.

Criminal Liability of Perpetrators…

This section considers the criminal liability of perpetrators of ragging under the “Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act, No 20 of 1998” and the “Penal Code of Sri Lanka”.

Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act, No 20 of 1998

This is the main legislation that directly addresses the issue of ragging. Preamble of the Act says that it is “an Act to eliminate ragging and other forms of violence, and cruel, inhuman and degrading treatment from educational institutions”.  

Following is a brief overview of some of its important provisions.   

Conduct	Consequence (Upon conviction before a Magistrate)
S.2(1): Commission of Ragging	Rigorous Imprisonment (RI) for a term up to 02 years and additionally payment of compensation for injuries.
S.2(2): Commission of Ragging + Sexual Harassment or Grievous Hurt	Imprisonment for a term up to 10 years and additionally payment of compensation for injuries.
S.3: Criminal Intimidation (Threatening to cause injury to person, reputation or property of any student with the intent of causing fear or compelling him to do/not do an act.)	Rigorous Imprisonment (RI) for a term up to 05 years
S.4: Hostage taking (Restraining personal liberty and freedom of movement for the purposes of forcing some course of action)	Rigorous Imprisonment (RI) for a term up to 07 years
S.5: Unlawful obstruction of a student (preventing him from proceeding in any direction which he has a right to proceed)	Rigorous Imprisonment (RI) for a term up to 07 years
S.6: Unlawful confinement of a student within a certain circumscribing limit	Rigorous Imprisonment (RI) for a term up to 07 years

Importantly, under Article 08, courts can expel a student, who is convicted under this Act, from the relevant university.

Further, staff members of higher educational institutes are also protected from these provisions. Moreover, as per Section 11, offences under this Act are deemed as cognizable offences allowing peace officers to arrest without a warrant. Further, as per Section 15, courts must give priority to the trials and appeals under this Act.

Penal Code of Sri Lanka

Apart from the above, Penal Code provisions can also be used to hold perpetrators of ragging liable for their criminal conduct.

Some of the useful provisions are briefly presented below.

Conduct	Consequence (Upon conviction before a Magistrate)
S.314: Voluntary causing hurt (Bodily pain, disease, infirmity.)	Simple or Rigorous Imprisonment up to 01 year and/or a fine up to 1,000LKR.
S.316: Voluntary causing grievous hurt – (emasculation, privation of any joint, life endangering injuries etc.)	Simple or Rigorous Imprisonment up to 07 year and a fine. If the victim is a woman or a child additional whipping may be ordered.
S.343: Assault or Using Criminal Force	Simple or Rigorous Imprisonment up to 03 months and/or a fine.
S.345: Sexual Harassment or Sexual Annoyance by words or actions	Simple or Rigorous Imprisonment up to 05 years and/or a fine and additionally payment of compensation.
S.365B: Grave Sexual Abuse	Rigorous Imprisonment (RI) for a term between 05 - 20 years and fine and payment of compensation.

Penal Code provisions relating to more serious offences, such as Murder (s.294), Causing death by Negligence (s.298), Abetment of suicide (s.299), Rape (s.363) etc. can also be used against ragging, when and where appropriate.

Further, indirect participation in ragging may trigger criminal liability under Common Intention (s.32), Abetment (s.100) and Unlawful assembly (s.138).  

Civil Liability of Perpetrators…

Civil actions are unique and allow victims to directly go to courts and recover damages. Further, in civil actions, the burden of proof is relatively low and only requires the petitioner to prove his case on a balance of probabilities. 

Thereby, this discussion will consider the legal regimes of “Aquilian Action”, “Recovery of Damages for the Death of a Person Act No 02 of 2019” and “Actio Injuriarum” which are capable of being used against ragging.

Aquilian Action

This civil action can be used to claim compensation from perpetrators of ragging for causing physical injuries, property/monetary losses to undergraduates.

Therefore, a perpetrator of ragging can be held accountable where an undergraduate’s legal rights, such as the right to be safe, are infringed by perpetrator’s intentional/negligent actions causing physical/property or monetary loss to that undergraduate.

According to McKerron (1971) following types of damages can be recovered under Aquilian Action viz. Actual expenses and Pecuniary losses; Disfigurement, Pain, Suffering and Loss of Health and Amenities of life; and Future expenses and loss of earning capacity.

Recovery of Damages for the Death of a Person Act No 02 of 2019

This law was passed in 2019 to allow relatives of a deceased person to recover damages.

As per Section 02, where the death of a person is caused by a wrongful act, omission, negligence or default of another, the persons having following relationships to the deceased person can institute action;

·       Spouse

·       Parents

·       Children

·       Siblings

·       Grandparents

·       Guardians

As per Section 03, above persons can recover damages for;

·     The loss of deceased person’s love and affection and care and companionship

·     The Mental pain and suffering

Therefore, in the unfortunate instance where ragging results in the death of an undergraduate, this legislation could be used by deceased’s parents, siblings, guardians etc. to recover above mentioned damages from the perpetrators.

Actio Injuriarum

This civil action can be used to claim compensation from perpetrators of ragging for violating the dignity, reputation and liberty of undergraduates.

According to Actio Injuriarum, a person can be held accountable for violating another’s personality, dignity, reputation and/or liberty through his intentional actions. 

For an example, in Rex v. Holiday, a person who spied on an undressing woman through a window was held liable. Further, Voet has noted that insults on female chastity/modesty can trigger liability. Further, interference with one’s liberty can also lead to liability. For an example, in the case of Ashby v. White (1703), a person’s right to vote was infringed and damages were awarded even in the absence of a financial loss.

Therefore, if an undergraduate’s dignity/reputation is intentionally violated - for example by causing him to get undressed or walk around naked - or his liberties are intentionally violated - such as by curtailing the liberty to use university resources - he can initiate action to recover damages from the perpetrators.

Safety of Victims and Witnesses of cases of ragging…

Main legislation concerning the safety of victims and witnesses is the Assistance to and Protection of Victims of Crimes and Witnesses Act No 10 of 2023.

As per Section 03, victims of crime have the right to be treated with respect to their dignity and privacy and receive fair redress and be protected from further injury, threats, retaliations etc. Similarly, under Section 09, witnesses also have a right to be treated with respect to their dignity and privacy and be protected from any real or possible harm, threat, intimidation, reprisal or retaliation etc.

Under Section 27, victims and witnesses can apply for protection if they have reasonable grounds to believe that they may be subjected to any harm, injury, intimidation, reprisal or retaliation due to their status of being a victim/witness.

Accordingly, under Section 28, they can be provided with security, temporary accommodation, digital proceedings and concealment of identity etc.

Few of the offences and penalties mentioned in the Act are briefly presented below.

Conduct	Consequence (Upon conviction before a High Court)
S.14: Threatening a victim/witness	Simple or Rigorous Imprisonment up to 03 years and/or a fine up to 150,000LKR and additionally payment of compensation
S.15: Voluntary causing hurt or grievous hurt to victims/witnesses	Simple or Rigorous Imprisonment up to 05 years and/or a fine up to 300,000LKR.
S.16: Restraining a victim/witness	Simple or Rigorous Imprisonment up to 05 years and/or a fine up to 300,000LKR.

Therefore, these provisions can be used by undergraduates to protect themselves from further violence due to their status of being a victim or a witness.

The Case of Sabaragamuwa University Student Who Committed Suicide…

In a tragic incident, a 23-year-old undergraduate from the Sabaragamuwa University (“victim”) committed suicide on the 29^th of April 2025 at his home. It was alleged that he was subjected to extreme ragging by his seniors prior to this tragedy. The victim had been stripped off of his clothes and made to walk inside the hostel in his underwear. Further, a senior student from Medawachchiya has lifted and thrown the victim to a cupboard while threatening the victim (Ada Derana, 2025b).

Later, Sri Lanka Police arrested several senior students from Sabaragamuwa University in this connection. The general public condemned this brutal incident and called for those involved to be held accountable for the victim’s death.

Due to the higher burden of proof in criminal cases, the prosecution must prove its case beyond a reasonable doubt. This would have been easier if suspects directly caused the victim’s death. However, here the victim himself committed suicide after going home. Hence, the prosecution must legally connect the actions and related guilty minds of the suspects to the ultimate death of the victim.

In this background, it is prudent to additionally consider other legal avenues such as:

    ·     Holding the perpetrators accountable for offences under Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act, No 20 of 1998.
·   Claiming damages from the perpetrators in a civil action, especially under the Recovery of Damages for the Death of a Person Act No 02 of 2019.
·     Charging the relevant public authorities and officials under FR and Writ Jurisdictions to hold them accountable for their failure to ensure a ragging free environment and to effect meaningful reforms towards eradicating ragging in future.

However, the reality is that no amount of compensation or punishment is capable of bringing the victim back to life or filling his void in the hearts and minds of his innocent parents.

Yet, the proper punishment of perpetrators - by utilizing all available legal options as discussed above - serves the larger purpose of sending a clear and strict message to others that, pleasure of ragging juniors will never outweigh the pain of punishment when the judgement day finally dawns!

Suggestions from the writer…

From the above discussion, it is clear that immediate and meaningful steps are vital to eradicate ragging from SL. Therefore, writer makes the following suggestions:

ü    Shaping children towards an anti-ragging mentality from a very young age by:

¾    Instilling values such as compassion, ahimsa, responsibility, respecting the boundaries of others etc. through the school system and family unit.

¾    Minimizing the wealth disparity in society.

ü  Leaving no room for alleged justifications of ragging by:

¾    Educating freshers about university life by getting down eminent alumni.

¾    Allowing freshers to carry out meaningful projects relating to their course of study and in the interest of community which will allow them to bond as a batch while improving team work, financial handling, leadership, conflict resolution skills etc.

¾   Creating considerate, active and effective “Student Relations Centers” for undergraduates to seek help when their health, security, finances etc. are in peril. This will reduce the dependency of freshers on their seniors.

ü  Conducting awareness programs to educate university students on:

¾    Heavy legal consequences of ragging under;

·       Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act, No 20 of 1998

·       Penal Code of Sri Lanka,

·       Recovery of Damages for the Death of a Person Act No 02 of 2019,

·       Assistance to and Protection of Victims of Crimes and Witnesses Act No 10 of 2023,

·       Civil Actions (all discussed above).

¾    Remedies available to victims/witnesses.

¾    Mechanisms to Report ragging incidents safely.

ü  Creating a university database, with access to all undergraduates, containing photos, names, faculties etc. of all students within the university. This is important in establishing the identities of perpetrators. Thereby, this may also serve as a potential deterrent.

ü  Creating opportunities for undergraduates to experience the corporate world and work with them.

ü  Conducting specialized programs to Police Officers on all laws that can be used against ragging with special attention to Police stations in areas where there are Universities/hostel facilities etc.

ü  Encouraging and aiding victims to pursue justice through FR/Writ jurisdictions and civil jurisdiction apart from pressing criminal charges.

ü  Ensuring deterrence by increasing the swiftness, certainty and severity of law enforcement and punishment (Schram & Tibbetts, 2017).  

ü  Providing protection to witnesses encouraging more students to come forward against ragging.

 ü  Creating a National Anti-Ragging Committee comprising with all relevant stakeholders to plan and implement a national strategy to eradicate ragging from SL.

¾    Such strategy should assign specific and measurable tasks to specific officers and have strict deadlines to ensure the complete extinction of ragging.

¾    Further, it should implement a “Zero Ragging Policy” with nontolerance to even so-called soft initiation practices such as dress codes, forced singing/acting etc.

ü  Engaging the involvement of Corporate Sector to eradicate ragging by;

¾  Encouraging companies to have a policy of “Zero Tolerance for Ragging” when recruiting employees.

¾    Encouraging a Corporate Condemnation Campaign against ragging.

¾   Encouraging the Chamber of Commerce to take leadership in above & other corporate sector projects against ragging.

ü  Holding officials accountable through swift, certain and severe penalties for failing to create a safe and ragging free environment for all undergraduates.

Conclusion…

This article considered the importance of education and lack of educational opportunities around the world even today and briefly discussed the free education system of Sri Lanka. Thereafter, the article discussed various attributes of ragging. Afterwards, legal aspects and solutions against ragging were discussed while briefly discussing the recent Sabaragamuwa University ragging case. Finally, the suggestions of the writer were presented.

Therefore, above discussion highlighted the importance of preventing this virus from further contaminating SL’s free education system. It also underscored the importance of creating a healthy and free environment for undergraduates to engage in their studies as “real adults” without any undue interferences.

By eradicating ragging, Sri Lanka’s free education system will be able to produce graduates who are not just academically qualified but filled with compassion, responsibility and most of all a backbone! Finally, the writer wishes to note that, free education is not just about giving away degrees for free of charge. It is more than that. It entails the real “freedom” in education within the laws of the land.

Thank You.

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