Published Apr 10 2024

Beyond borders: Exploring hazing cultures from the US to Australia, India, and Sri Lanka

Hazing (known as “ragging” in Asian countries) has plagued higher educational institutions for the past 400 years. Hazing can be defined as:

“... an initiation of new students (freshers) by senior students into a university, including its clubs (for example,, fraternities and sororities) or residential colleges, that involves embarrassment, humiliation, physical or psychological abuse, forced or coerced alcohol or drug consumption, sexually demeaning practices, [assault and other offences against the person], and sexual assault regardless of the freshers’ consent.”

In their book Hazing (Ragging) at Universities: A Legal Perspective, Monash University researchers Dr Aashish Srivastava and Dr Neerav Srivastava, along with Professor D.K. Srivastava (formerly of O.P. Jindal University, India) examine the adequacy and appropriateness of the law and policies on hazing in four countries – the US, Australia, India, and Sri Lanka.

Their research reveals a spectrum of hazing practices across four countries. In the US, more than half (55%) of university students and three out of four (73%) students in Greek letter organisations (fraternities and sororities) have experienced hazing, which included being beaten, abducted, made to drink excessive amounts of alcohol, forced to engage in sexual acts, and coerced to consume repulsive food.

The study discovered the majority of higher education institutions in the US have anti-hazing policies, and 44 out of 50 states have anti-hazing laws.

However, universities’ policies and state statutes vary widely, resulting in inconsistencies among the US states. Hazing laws at the federal level could create uniformity in the definition and punishment of hazing.

Additionally, a federal hazing law might require all US universities to enact consistent anti-hazing policies nationwide. It will make it easier for university organisations, fraternities and sororities with chapters in multiple states to comply with such policies.

Courts are ready to act

The study also examined judicial rulings, and discovered courts are prepared to impose a duty of care on universities and fraternities for their students’ safety. If that duty is breached and a student is harmed, they’re entitled to damages.

Further, universities and national fraternities can be vicariously liable for injury caused to a pledge at a local chapter of the fraternity where the university or fraternity knew of hazing but failed to take any preventive action. However, it’s not uncommon for the parties to settle such disputes outside of court.

In Australia, universities’ residential colleges are infamous for hazing activities during orientation week (O-week). The research found that during O-week, hazers are at their most powerful, while freshers are subject to feelings of solidarity and obedience, and simultaneously at their most vulnerable.

Just like the US, alcohol is a key enabler of hazing in Australia. Victims often face humiliating ordeals, including forced consumption of alcohol and exposure to graphic activities.

Most Australian universities have an anti-hazing policies, but Australia doesn’t have a federal or state law regarding hazing. However, an action can be brought against the hazer under the general criminal law (State Crimes Act).

Australian universities also owe a duty of care to protect students from hazing. The NSW Court of Appeal has held that a “university is bound by a general duty of care towards its students to protect them from a risk of injury of which it is aware or ought to be aware”.

Hazing at endemic propportions

In Indian and Sri Lankan universities, the research found that hazing (called ragging) has reached endemic proportions despite anti-hazing laws and University Grants Commission (UGC) anti-hazing regulations. Unlike the US or Australia, hazing isn’t confined to fraternities, sororities or residential colleges, but affects every student who joins a university or professional institution.

In India, the Supreme Court has said hazing is a human rights abuse and must be strictly dealt with. About 40% of university students face hazing, but only 8.6% report it. Between 2011 and 2019, 54 students committed suicide due because of hazing, which equates to six per year.

As part of hazing, freshers have been forced to strip and parade naked in front of seniors, watch pornographic movies, imitate sex acts, masturbate in public, participate in oral and group sex, drink excessive alcohol, and bathe in their urine.

India has a unique hazing culture in which seniors, as part of the hazing ritual, often coerce freshers or junior students into completing their assignments and covering their expenses, an uncommon practice in other countries.

The primary reason behind hazing is social hierarchy, a product of India’s past and centuries of caste system and religious discrimination. Senior students perpetuate hazing against freshers on the grounds of caste, region and religion.

The research found that despite mandates from state anti-hazing legislation and UGC regulations, universities fail to take necessary measures to prevent and report hazing.

Further, in cases where a university has punished a student for hazing, the high court of the state adopted a reformatory approach and overruled the university’s decision.

The legal position regarding a university’s duty of care towards its student is similar to that in the US and Australia. However, there’s a lack of precedent or existing case law on hazing to provide guidance on the issue.

Measures have proven ineffective

In Sri Lanka, 57% of university students face hazing, with 51% facing physical abuse, 34% psychological abuse, and 17% sexual harassment. About 2000 students drop out of universities each year due to hazing.

The research found that UGC-SL guidelines, the Anti-Hazing Act and the 24-hour helpline have been ineffective in curtailing hazing – students’ complaints to the helpline go unanswered. Out of 3500 complaints by victims of hazing, action was taken by authorities in only a few cases.

Vice-chancellors and other senior university staff, despite being aware of hazing, accept it as an everyday occurrence of university life, and ignore it. Many senior students perceive hazing as a subculture (Upa Sanskruthiya) of higher education.

Unfortunately, politics in Sri Lanka also plays a significant role for hazing in universities. The legal duty of care of universities towards students is comparable to that in India.

Despite cultural and legal differences across all nations, hazing inflicts severe physical and psychological harm on victims. A common factor is that students don’t realise they’ve been hazed, and there are laws against hazing.

Education and awareness of the law, effective enforcement, and oversight are crucial to combat this harmful practice and safeguard students’ wellbeing.

 

About the Authors

  • Aashish srivastava

    Senior Lecturer, Business Law and Taxation, Monash Data Futures Institute

    Aashish research and supervision interests include e-signature, e-governance, cross border e-trade, e-crimes and legal issues in cyber bullying. He publishes regularly across his areas of interest, which include legal issues in e-commerce, e-crimes and cyber bullying. His research expertise has been internationally recognised. He is on the roster of experts for the United Nations Commission on International Trade Law (UNCITRAL).

  • Neerav srivastava

    PhD Candidate, Faculty of Law

    Neerav’s thesis investigates the law and principles regarding the 21st-century phenomenon of digital matchmaking – that is, when a platform such as Uber, Airbnb or Tinder brings strangers together. The thesis places particular emphasis on the legal responsibilities owed by the platform to both the guest and the service provider.

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