Kerala HC gives govt 2 weeks to notify new anti-ragging guidelines

The Kerala High Court has directed the state government to notify the proposed Anti-Ragging and Student Welfare Guidelines (2026) within two weeks, while observing that amendments to the Kerala Prohibition of Ragging Act (1998) may be necessary to strengthen punishment for ragging.

A Division Bench comprising Chief Justice Soumen Sen and Justice C Jayachandran issued the direction on October 6, while considering petitions filed by the Kerala State Legal Services Authority (KeLSA) and Shamsudeen.

The court noted that the 1998 Act is yet to be amended following the preparation of the proposed guidelines by a committee constituted by the state government on July 20, 2026.

KeLSA had suggested several changes to the proposed guidelines, including amendments relating to the scope of the provisions, enhancement of punishment and reclassification of ragging as a cognizable and non-bailable offence.

One of the specific concerns raised by KeLSA related to the wording of clause 6 of the proposed guidelines, which currently uses the expression “within, or without, any educational institution”. KeLSA suggested that the phrase be replaced with “within or outside” to make its meaning clearer.

The Advocate General agreed that the wording in clause 6 could be modified for clarity. However, he submitted that enhancement of punishment and making the offence cognizable and non-bailable could not be incorporated merely through the guidelines.

According to the state, such changes would require an amendment to section 4 of the Kerala Prohibition of Ragging Act which could be considered when an Amendment Act is brought in.

The court accepted this position and directed that the wording in clause 6 be changed before the guidelines are notified.

“We are confident that the legislature, while finalising the Bill, shall take into consideration the issues raised by the KeLSA, which appear to be relevant,” the bench said.

The court also made it clear that the proposed guidelines were to be notified with the revised wording, directing that the expression “within, or without, any educational institution” be replaced with “within or outside, any educational institution”.

The state government has been given two weeks from the date of the order to notify the guidelines.

The bench did not itself alter the punishment provisions of the existing law, noting that such changes would require legislative intervention. The issue of enhancing punishment and reclassifying ragging as a cognizable and non-bailable offence will therefore have to be considered as part of the proposed amendment to the 1998 Act.

The matter has been posted for further consideration on December 2, 2026.