A CRITICAL ANALYSIS OF THE LEGAL FRAMEWORK RELATED TO RAGGING IN SRI LANKA: CHALLENGES AND RECOMMENDATIONS

Abstract

Ragging, a form of systemic harassment and abuse within higher educational institutions all over the world, has evolved into a serious social and legal concern. Disguised in the form of familiarisation of new entrants, the severe forms of ragging often involve physical and psychological harm to students, often causing human rights violations to the victim. Despite the wide range of legislative, institutional, and administrative efforts taken by the governments and authorities to eradicate the violent forms of ragging, the practices are still prevalent in many countries, and Sri Lanka is not an exception. This underscores the need for a comprehensive examination of the legal framework related to ragging in Sri Lanka. The main objective of this research is to critically analyse the legal framework related to ragging in Sri Lanka to identify the challenging gaps in the legal framework and enforcement mechanisms and provide recommendations to strengthen the law. Accordingly, the study explores the scope, effectiveness, gaps, and human rights compatibility of Sri Lanka’s legal framework on ragging. Additionally, the study focuses on the practical implications of this legislation on individuals and society. This study focuses on the research question of whether prevailing laws related to ragging are effective in combating ragging in Sri Lanka. This research adopts a doctrinal legal research methodology relying on primary sources, including the Prohibition of Ragging Act No. 20 of 1998, the 1978 Constitution, case laws, and international legal instruments, and secondary sources encompassing books and journal articles. Results revealed that while Sri Lanka has a specific legal instrument to address ragging, it remains largely ineffective due to weak enforcement, inadequate victim protection, and the lack of institutional responsiveness. Therefore, the study recommends a multidimensional approach to reform that includes legal amendments, awareness programmes, capacity building for institutional authorities, and the creation of safe and confidential reporting mechanisms. Furthermore, this research contributes to the ongoing legal and policy discussions by offering a human rights-based analysis of ragging and practical reforms to protect students and uphold the rule of law in educational institutions.