India’s Approach Towards Campus Crime: A Legal Perspective

October 14, 2023by Primelegal Team0

Introduction

A safe campus environment is where students, faculty, and staff are free to conduct their daily affairs, both inside and outside the classroom, without fear of physical, emotional, or psychological harm. However, recent attacks on the college campus by targeting students and teachers have not only violated their rights by putting them at risk of injury or death but also affected their education by hindering them from attending colleges and causing property damage. news nowadays have reported violence in colleges and universities that range from mass shootings to incidents of rape, assault, burglary, etc., parents and education professionals are becoming more concerned about the atmosphere in which students are bound to spend several years of their college life.

Types of Campus Crime

Violence occurring at campuses can be broadly categorized as : –

  • Rape- It is usually defined as intercourse forced on a person against his/her will and punishable by law. This category has a variety of perpetrators including strangers, acquaintances, dating partners, etc..
  • Non-sexual physical attacks- include assault, fighting, mugging, and other forms of physical violence.
  • Bias-related violence- is another type of violence that refers to harmful acts which target specific individuals or groups of individuals based on their cultural, ethnic or religious characteristics.
  • Casual violence- also known as wilding is a term that is prevalent in the media. It refers to violence that does not have a purpose or a specific reason for choosing a particular individual as the potential victim
  • Suicide and homicide- are extreme forms of campus violence against self or others which may be perpetrated by a variety of factors at a campus setting or non-campus setting.

University Grants Commission’s step to curb campus crime

In a bid to ensure on and off campus safety of students, University Grants Commission (UGC) has instructed Higher Education Institutions in India to set up police stations on campus to keep away anti-social elements. UGC Secretary has made it clear that ensuring students’ safety from attacks, threats and accidents should be prime concern of educational administrators. ‘Safe, secure and cohesive learning climate is an ineluctable precondition to quality education and research in Higher Education Institutions[1]’. Among the safety guidelines the UGC has formulated a suggestion to set up police stations on campus to allay security concerns besides commissioning of a student body of Community Service Officers. ‘With students studying late night, these officers can provide short distance escort service to the nearest taxi or bus stand besides helping with night patrol’[2].

UGC in order to stop ragging in campuses has requested the institutions to make compulsory for each student and every parent to submit an undertaking every academic year. The commission has framed ‘regulations on curbing the menace of ragging in higher educational institutions, 2009 to prohibit and prevent ragging in campus. Action will be taken if any institution fails to implement these steps or violates the rules. The commission has also established a nationwide tollfree anti-ragging helpline(1800-180-5522) which can be accessed by students in distress due to ragging. The universities are asked to set up anti-ragging cell, committee and squad in the campus[3].

Indian courts on campus crime

Sarjad K P v. state of Kerala

In a college in kazhikodi 3 degree students armed with dangerous weapons trespassed into the classroom of diploma students of the same college and assaulted the victims with iron rods causing severe injuries. The accused were registered for offences under section 143, 147, 148, 324, 326 & 427 read with 149 of IPC. The kerala high court held that rowdism on campus cannot be tolerated. ‘Merely because they are students aged about 18 & 19 years, they cannot be granted anticipatory bail and if granted it will be an incentive to rowdy elements in the college to resort to violence, which has to be curbed with a heavy hand’[4].

P Senthil and others v. the principal, SIVET

When the demands of the students regarding class timing were not met, the students began to boycott classes. On the request of college authorities, police came and resorted to lathi charge on students. Later the students were asked to pay fine and attend classes while the 7 petitioners were suspended. The Court directing the college to re-admit students, expressed that there is degradation of decipline among students in college and when institutions are trying to curb evils like ragging, eve-teasing, boycotting, etc. The institutions should ensure special committee is constituted to address the grievance of students[5].

Raghul K A v. Chief Secretary

Kerala High Court held that, if there is any threat to the law and order situation, it is open for the college to have it reported to the police; upon which appropriate remedial measures shall be taken by the police to abate such situation[6].

Conclusion

A decrease in campus crime will affect the campus population positively in numerous ways. Not only will a decrease in violence exposure but reduce psychological stresses and traumas placed upon college students. It will also allow students and faculty to focus more on academics and education.

It is evident from this article that Indian courts have dealt with campus crime cases with utmost sensitivity considering extent of the case and the future of the students. The UGC as per the order of the Supreme court has formulated the rules against campus crime. The UGC guidelines have dominantly contributed in preventing crime such as ragging, bullying, fighting, burglary, rape, thefts, etc. in campuses. The decrease in campus violence will likely result in a decrease of local crimes and the tendency to commit crimes and thus, improves the well-being of society as a whole.   

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Written by- K R Bhuvanashri

[1] UGC guidelines on safety od students on and off campuses of HEIs

[2] UGC guidelines

[3] UGC regulation on curbing the menace of ragging in higher educational institutions, 2009

[4] Sarjad K P v. State of Kerala ; 22/02/2017 ; justice K Abraham Mathew ; B.A.no. 1066/2017, crime no. 1187/2016 ; kerala high court

[5] madras high court ; W.P 25952/2001, W.P.M.P. 38408/2001

[6] WP 10163/2017 ; justice P R Ramachandra & Shircy v

Primelegal Team

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