Hazing of Freshers at Universities: A Legal Perspective

This is the first socio-legal multi-jurisdictional study on hazing (ragging). This book considers four countries: the USA, India, Sri Lanka, and Australia. It states the legal position, identifies lacunas in law, and proposes possible legal solutions. Unfortunately, laws, regulations, and policies have failed to stamp out hazing from university campuses and residential colleges. Hazing has spiralled out of control in a number of countries. It has descended into a cruel, barbaric, and inhuman practice. The number of students subjected to hazing and sexual abuse is alarming. According to a 2022 survey, more than half (53%) of American students who were part of a fraternity or sorority experienced hazing. Students are murdered, harmed, abused, and suffer long-term trauma. The prevention of hazing is one of the most important responsibilities of 21st century universities. The theme of the book is that universities are in the best position to protect students from hazing and must play a vital role. As a sociological study, the book also considers why hazing occurs and what can be done to prevent it. Without engaging with the underlying causes, legal punitive measures continue to address the symptom rather than the cause. The book, therefore, explores how a more innovative approach to regulation can help tackle the cause. The book will be of interest to policy makers, regulators at universities, education and legal academics, and personal injury lawyers. Contents 1 Introduction 1.1 History of Hazing 1.2 Prevalence of Hazing Worldwide 1.3 Disastrous Consequences of Hazing 1.4 Hazing and the Law 1.5 Outline of the Book 2 Hazing in the U.S. 2.1 Four Hundred Years of Hazing 2.2 Anti-hazing Legislation 2.2.1 Institutional Duty 2.2.2 Condoning and Encouraging Hazing by Fraternities and Sororities 2.2.3 Consent to Criminal Hazing 2.3 Liability in Tort Law 2.3.1 Intentional Tort 2.4 Universities’ Liability in Negligence 2.4.1 Duty of Care 2.4.2 Breach of Duty 2.4.3 Causation 2.4.4 Injury 2.4.5 Vicarious Liability of the University and Organisations (Fraternities and Sororities) for Hazing 2.4.6 Defences: Voluntary Assumption of Risk and Contributory Negligence 2.5 University Liability to Students in Contract 2.6 Conclusion 3 Hazing in India 3.1 Sociological Background 3.2 Hazing and Legal Development 3.3 UGC Anti-hazing Regulations 3.3.1 Definition of Hazing 3.3.2 Universities must Prohibit and Prevent Hazing 3.3.3 Role of the Anti-ragging [hazing] Squad (ARS) and Anti-ragging [hazing] Committee (ARC) 3.3.4 Sanctions Against Recalcitrant Universities 3.3.5 All India Council for Technical Education (AICTE) and the National Medical Commission of India (NMCI) 3.4 Anti-hazing Legislation 3.4.1 Defining Hazing 3.4.2 The Extent of Prohibition 3.4.3 Penalty 3.4.4 University Officials’ Duties 3.4.5 The Indian Penal Code 1860 (IPC) 3.4.6 Defence of Consent 3.5 High Courts Varying Approach to Hazing Adoption of serious and reformatory approaches by the High Courts 3.6 Liability in Tort 3.6.1 Intentional Torts 3.6.2 Universities’ Liability in Negligence 3.7 Conclusion 4 Hazing in Sri Lanka 4.1 Sociological Background in Sri Lanka 4.2 UGC-SL’s Guidelines to Curb the Menace of Hazing 4.3 Legislation on Hazing 4.3.1 Universities Act 1978 4.3.2 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment Act (Anti-torture Act) 4.3.3 Penal Code 345 of 1995 4.3.4 Prohibition of Hazing and Other Forms of Violence in Educational Institutions Act No 20 of 1998 (Anti-hazing Act) 4.4 Supreme Court’s Approach to Hazing 4.5 Liability in Tort Law 4.5.1 Intentional Torts 4.5.2 University’s Liability in Negligence 4.6 Conclusion 5 Hazing in Australia 5.1 Current State 5.1.1 Prevalence and Culture 5.1.2 Why Does Hazing Occur? 5.2 Primary Perpetrators: Crimes and Tort 5.2.1 Sexual Assault 5.2.2 Offences Against the Person 5.2.3 Intentional Torts 5.2.4 Consent 5.2.5 Discrimination 5.2.6 Mental Harm 5.3 Liability of Universities and Negligence 5.3.1 Duty of Care 5.3.2 Breach and Causation 5.3.3 Liability for Secondary Wounding 5.3.4 Consumer Guarantee of Due Care and Skill 5.3.5 Implied Term 5.4 Hazing-Specific Proscriptive Laws in Other Jurisdictions 5.4.1 US 5.4.2 India 5.5 Entrenched Culture of Hazing 5.5.1 Hazing Prevention 5.5.2 Cultural Change 5.6 Proposed Laws for Australia 5.6.1 Universities Committing to Hazing Prevention 5.6.2 Define Hazing 5.6.3 Student Body and Leadership 5.6.4 O-Week and Team Building 5.6.5 Alcohol 5.6.6 Reporting 5.6.7 Personal Repercussions 5.7 Conclusion 6 Conclusion Appendix A India Appendix B Sri Lanka