A bill to Prohibit mental and physical torture and to Enforce the Constitution of India in Higher Educational Institutions in Kerala.
WHEREAS various Higher Educational Institutions in Kerala has turned themselves it to centres of student torture and exploitation
WHEREAS many such institutions have actually allocated rooms to be used as torture chambers
WHEREAS such institutions have been showing tendencies of seceding from the Union of India by way of making the Constitution of India and its Part 3 completely or partially inoperative in their territories
WHEREAS the heads of such institutions have become ventriloquist dummies of their managements
AND WHEREAS it has become expedient to put an end to these tendencies and activities and to recognize the students of such institutions as full citizens of this country
BE it enacted in the Sixty Seventh Year of the Republic of India as follows:-
1. Short title, extent and Commencement.
(1) This Act may be called the ABOLITION OF IDIMURIS, PROHIBITION OF TORURE AND PROTECTION OF FUNDAMENTAL RIGHTS IN HIGHER EDUCATIONAL INSTITUTIONS ACT 2017
(2) It extends the whole of the State of Kerala.
(3) It shall be deemed to have come into force when the parents of students of higher educational institutions in the state finally wake up and realise that their children are not lifeless machines the sole purpose of which is to parade their status before the society and force the legislative of the state enact a law and the on the day legislative fixes for the Act to commence.
In this Act, unless the context otherwise required,-
(a) ‘head of the educational institution’ means the Principal or the Headmaster or the person responsible for the management of that educational institution;
(b) ‘Nehru College’ means a college which has instituted an ‘Idimuri’ in its campus;
(c) ‘idimuri’ means a room, whether marked as such or not, in which students are regularly harassed physically or mentally;
(d) ‘peeyaaro’ means a person who commits, participates in, abets or propagates physical or mental harasment of a student whether or not inside an idimuri;
(e) ‘Sanju’ means a person who musters the courage and speaks up against the atrocities committed by the management and faculty in a higher education institution and discloses it to the public;
(f) torture means doing of any act, by disorderly conduct, to a student of an educational institution, which causes or is likely to cause physical or psychological harm or raising apprehension or fear or shame or embarrassment to that student and includes-
(i) teasing, abusing or paying practical jokes on, or causing hurt to, such student; or
(ii) asking a student to do any act or perform something which such student will not, in the ordinary course willingly, do.
(iii) Reducing or threatening to reduce the internal marks of a student for reasons which are not academical.
(c) ‘Beenaism’ means sexist remarks, public ridicule, or any such act by the head of the institution or any other member of the staff of a higher education institution which is likely to cause physical or psychological harm or raising apprehension or fear or shame or embarrassment to that student, for the reason that ze interacts openly with hir colleagues.
3. Prohibition of torture against students
Torture of any kind within or without any educational institution is prohibited.
4. Prohibition of Beenaism
Beenaism within or without any educational institution is prohibited.
5. Prohibition of Pecuniary Penalties as Part of Disciplinary Action
No money shall be collected from any student by way of fine, fee, or in any other manner other than for the purposes that have been recognized by the Universities, UGC and AICTE.
6. Enforcement of Constitution of India and UGC and AICTE Regulations
(1) All rules, regulations, codes of conduct or any other instrument having in the higher education institution the force of law which is inconsistent with the Part 3 of the constitution of India, UGC Regulations on safety of students, UGC and AICTE Grievance Redressal Regulations and UGC Regulations on Student Entitlements will be void.
(2) The heads of such institutions which violate the clasuse (1) shall be given imposition to write Article 13 of the Constitution of India 2000 times.
(3) The university affiliation and the AICTE recgnition of such colleges which violate the clause (1) shall be revoked.
7. Penalty for torture.
(1) Whoever commits, participates in, abets or propagates torture within, or without, any educational institution shall, on conviction, be punished with imprisonment for a term which may extent to five years and shall also be liable to a fine which may extent to two times of the full fees of the course.
(2)The persons convicted of this offense shall attend soporific lectures on topics which are not of their interest, and shall be released only on completion of successful completion of the course. A sum of 500 may be added to the fine payable by the convict, in each instance of
(a) slight incompleteness in uniforms including :
(i) Not tucking their shirts in (The jail wardens may arbitrarily decide whether or not they have tucked in or not)
(ii) Having beards that are more than .5 millimeters long
(iii) Having hair that is longer than ‘normal’ according to the jail wardens.
(b) Sleeping in class
8. Dismissal of ‘peeyaro’.-
Any person convicted of an offence under section 3 shall be dismissed from the educational institution and such student shall not be admitted in any other educational institution for a period of ten years from the date of order of such dismissal.
9. Suspension of ‘peeyaro’
(1) Whenever any student or , as the case amy be, the parents or guardian, or a teacher of an educational institution complaints, in writing, of torture to the grievance redressal Committee, the chairperson of such committee shall, without prejudice to the foregoing provisions, within seven days of the receipt of the complaint, enquire into the matter mentioned in the complaint and if, prima facie, it is found true,suspend the person who is accused of the offence, and shall, immediately, forward the complaint to the police station having jurisdiction over the area in which the educational institution is situate, for further action.
(2) Where, on enquiry by the head of the educational institution, it is proved that there is no substance prima facie in the complaint received under sub-section (1), ze shall intimate the fact, in writing, to the complainant.
10. Penalty for Beenaism
Any person convicted of an offense under S.4 shall be suspended from service for a period of one year and shall be allowed to continue in service based on the decision of elected students representatives after adjudging an essay on individual liberty written by hir.
11. Rewards for Sanju
Any person who exposes any offenses defined in this act shall be given an increase in hir salary of not less than two third of hir current salary and this shall be paid from the pension fund of the person convicted in the offense.
10. Power to make rules.-
(1) The Government may, by notification in the Gazette, make rules for carrying out all or any of the purposes of this Act.
(2)Every rule made under this Act shall be laid, as soon as may be after it is made, before the Legislative Assembly, while it is in session for a total period of fourteen days, which may be comprised in one session or in two successive sessions, and if before the expiry of the session in which it is so laid, or the session immediately following, the Legislative Assembly makes any modification in the rule or decides that the rule should not be made, the rule shall, thereafter, have effect only in such modified form or be of no effect, as the case may be, so, however that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule.