|
|
|
|
 |
 |
|
|
Article Published in the Express Magazine Dated
November 11,
2001
General Attorney : Rajiv K. Luthra
I have passed out from the Delhi University and
have enjoyed ragging as a senior. I believe
ragging has been banned. What are the measures
that have been adopted to ban ragging? Is it a
criminal offence?
Shekhar Sinha, Delhi
Although most States have acted by enacting
legislations making ragging a cognisable and
punishable offence, the Hon'ble Supreme Court in a
recent judgment has made certain important
observations. While providing guidelines to deal
with the menace of ragging, it held that ragging
cannot be cured merely by making it a cognisable
criminal offence. Acts of indiscipline and
misbehavior on part of the students must primarily
be dealt with within the institution. Unless
unavoidable, students should not ordinarily be
subjected to police action as this would put them
under constant fear of the police. Further, the
police while dealing with such incidents must bear
in mind that they are dealing with students and
its action should never be violent but instead
always guided with a correctional attitude.
The onus of preventing ragging vests upon
institutions and failure to prevent it should be
construed as negligence in maintaining discipline
on the part of the management. The Hon'ble Court
has held that anti-ragging movements should be
initiated by the institution right from the time
of advertising admissions. It should clearly be
mentioned in their prospectus/admission forms that
ragging is banned and anyone indulging in it will
be punished. Such punishment may include expulsion
or suspension from the institution or classes for
a limited period or fine with public apology. The
punishment may also take the shape of withholding
scholarships or other benefits; debarring from
representations in events; withholding results and
suspension or expulsion from hostel or mess etc.
Any legislation or provisions in the
statute/ordinances should be brought to the notice
of the students/parents seeking admissions.
A student should fill up and sign an undertaking
printed on the application form that he/she is
aware of the institution's approach to ragging and
punishment to which he/she shall be liable if
found guilty of ragging. Similar undertakings
should be obtained from parents/guardians of the
applicant.
The Hon'ble Supreme Court has also recommended
that at the commencement of the academic session,
the institution should constitute a Proctorial
Committee consisting of senior faculty members and
hostel authorities like Warden and a few
responsible senior students: to keep a continuous
vigil over ragging to prevent its occurrence and
recurrence and to promptly deal with the incidents
of ragging by summarily punishing the guilty
either by itself or by putting forth its
findings/recommendations before the competent
authority.
It has also been suggested that the UGC/ funding
agency may consider the stoppage of financial
assistance to institutions, which fail to curb
ragging until such time as it achieves the same.
Moreover Universities may opt to consider
disaffiliating such institutions.
Any local laws governing ragging should be
implemented and knowledge and information about
such laws be disseminated.
My neighbour had some beautiful paintings in
his living room, which I really appreciated.
Thereafter, he offered to sell one of them to me.
I paid and the deal was done. Recently, I learnt
that the pictures belonged to someone else. In
this scenario will I become the owner of the
painting?
Manoj Gupta, Hyderabad
Section 27 of the Sale of Goods Act, 1930 clearly
provides that where goods are sold by a person who
is not the owner thereof and without the authority
or the consent of the owner, the buyer acquires no
better title to the goods than the seller had.
Therefore, your neighbor not being the owner could
not pass on the ownership of the picture to you
unless you prove that the picture was sold to you
under the authority/consent of the real owner or
that the owner’s conduct indicated that your
neighbor had the authority to sell the painting.
Thus, you may not be the owner of the painting,
although it seems that you may have acted in good
faith.
|
|
| |
|
|
|
|
|
