Vaishnavi Nirmal | Manikchand Pahade Law College, Aurangabad | 24th February 2020
UNIVERSITY OF KERALA Vs COUNCIL, PRINCIPALS’ COLLEGES, KERALA &ORS., [Civil appeal no. of 2009 (Arising out of SLP(C) 24295 of 2004)]
Fact of case:
A Delhi Public School student who had taken admission in a medical school in Himachal Pradesh last year met with a horrible death at the hands of seniors who are training to be doctors. Aman Kachroo (19), who passed out of DPS International in Saket and enrolled at the Dr Rajendra Prasad Medical College, Tanda, in Kangra last August had repeatedly complained to his parents about the brutal ragging that took place on campus often by completely drunk third-year students. On Friday night and Saturday morning, the boy was beaten so badly that he died on March 8 in the college hostel.
Post-mortem shows he died of brain haemorrhage. Then four students – Ajay Verma, Naveen Verma, Abhinav Verma and Mukul Sharma were arrested. The Supreme Court issued show-cause notice against the college principal and seeks explanation from Himachal government. College Principal Suresh Sankhyan suspended was on the directions of the Supreme Court. A sub-committee, formed by the Supreme Court-appointed Raghavan Committee did inquiry into Aman’s death. A fast-track court in Dharamsala books the four accused for murder.
After 16 months in custody, the trial court grants bail to the four accused. The Himachal Pradesh High Court took suo motu cognisance of the bail granted. The High Court cancels the bail and orders the accused to surrender next day. Aman’s father Rajendra Kachroo deposes before the court for the first time. Says Aman had given a written complaint to college authorities regarding ragging incidents but college did not take any action.
Judgement:
The Supreme court sentenced all the four accused to four years rigorous imprisonment on charges of culpable homicide not amounting to murder.
- Certain suggestions have been given as to the modes governing elections to the students’ unions. Mr Gopal Subramanium, learned ASG suggested that the three areas which need focussed attention are:
(a) Criminalisation in students’ union elections.
(b) Financial transparency and limits of expenditure.
(c) Criteria for being eligible to contest elections.
- Certain suggestions have also been made by the counsel, the Principals of Colleges(Respondent 1)
- Later on the state assembly passes Himachal Pradesh Educational Institutions (Prohibition of Ragging) Act, 2009, making ragging a cognisable and non- bailable offence and an Anti- ragging Movement was started in name of ‘Aman- Movement’ all over the nations.
- Later on for the entire country UGC Regulations on Curbing the Menace of Ragging in Higher Educational Institutions, 2009 were passed by the University Grants Commission in the year 2009 to curb the menace of ragging in the Universities in India.
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