The Kerala High Court directed the State government to expedite the process of finalising the proposed Anti-Ragging Bill and emphasized that the draft legislation should be converted into an Act at the earliest. The Court observed that the matter required urgent attention and instructed the government to ensure that the necessary administrative steps are completed without further delay so that the proposed law addressing ragging in educational institutions can be brought into force.
The order was passed by a Division Bench of the High Court while hearing a public interest litigation filed by the Kerala State Legal Services Authority. The petition sought the strengthening of legal measures to effectively address and prevent ragging in educational institutions across the State. During the hearing, the Court examined the progress made by the State government in preparing and processing the proposed Anti-Ragging Bill and sought clarification on the current status of the legislative process.
The Court was informed that the Chief Minister had already directed that a draft bill be placed before the Council of Ministers. According to the information placed before the Court, the necessary draft note required for the consideration of the Council of Ministers had already been prepared and submitted for approval. This indicated that the preparation of the proposed legislation had reached an advanced administrative stage.
However, the Court also noted that the finalisation of the bill had been delayed due to the process of obtaining remarks from various government departments. The draft bill had been circulated among different departments of the State government so that they could provide their observations and suggestions before the bill was finalized and placed before the Council of Ministers. The Court was informed that several departments had not yet submitted their remarks on the draft legislation, which had slowed down the progress of the legislative process.
The High Court examined a communication placed before it which indicated that the government had requested departments to provide their comments on the draft bill. Despite this request, the responses from some departments were still pending. The absence of these remarks had created an administrative delay that prevented the authorities from completing the final stage of preparing the bill for further consideration.
After considering the situation, the Court observed that the process of collecting departmental feedback should not remain pending indefinitely. The Court emphasized that the government must take steps to ensure that the administrative procedures connected with the draft legislation are completed within a reasonable timeframe. In order to prevent further delay, the Court directed the State government to fix a clear deadline for the departments concerned to submit their remarks on the draft Anti-Ragging Bill.
The Court stated that establishing a specific deadline would help accelerate the process of finalising the proposed legislation. By ensuring that the departments provide their feedback within a defined timeframe, the government would be able to complete the administrative procedures required for finalising the draft bill and placing it before the Council of Ministers for approval.
While issuing this direction, the Court clarified that the purpose of its intervention was to ensure that the legislative process moves forward efficiently. The Court emphasized that the proposed Anti-Ragging Bill should be finalised and brought into force as soon as possible so that effective measures can be implemented to address incidents of ragging in educational institutions across the State.
The proceedings arose from the public interest litigation filed by the Kerala State Legal Services Authority which highlighted concerns about the persistence of ragging incidents and the need for stronger legal measures to deal with such cases. The petition pointed out that ragging remains a serious issue affecting students in educational institutions and argued that a comprehensive legal framework was necessary to effectively address the problem.
During the hearing, the Court noted that legislative action in the form of a strengthened Anti-Ragging law would help establish a more effective system for preventing and addressing ragging. The Court observed that converting the draft bill into a formal statute would provide a clear legal framework for dealing with incidents of ragging and enforcing accountability where such acts occur.
The Court also reviewed the progress of the administrative steps taken by the government in preparing the bill. It was brought to the Court’s attention that the draft legislation had already been prepared and forwarded for further consideration. However, the delay caused by pending departmental responses had prevented the completion of the process required to place the bill before the Council of Ministers.
In view of these circumstances, the Court considered it necessary to issue directions to ensure that the administrative process related to the bill proceeds without unnecessary delay. By directing the State government to set a deadline for the submission of departmental remarks, the Court sought to remove the obstacles that had slowed down the finalisation of the proposed legislation.
The High Court’s order was aimed at ensuring that the process of enacting the Anti-Ragging Bill progresses in a structured and time-bound manner. The Court emphasized that the legislative process should not be stalled by administrative delays and that steps must be taken to ensure the timely completion of all required procedures.
After issuing these directions, the Court adjourned the matter for further consideration and indicated that the case would be taken up again at a later stage to review the progress made by the State government. By that time, the government is expected to provide an update regarding the submission of remarks by the departments and the steps taken to expedite the finalisation of the Anti-Ragging Bill.
Through this order, the Kerala High Court underscored the importance of prompt legislative action to address the issue of ragging in educational institutions. The Court’s directions were intended to ensure that the proposed Anti-Ragging Bill moves forward without further delay so that it can eventually be enacted into law and implemented to strengthen measures aimed at preventing ragging and ensuring the safety and well-being of students in educational institutions.
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