Ovitagala Vitanage Samantha's death follows a pattern of increased indiscipline in Sri Lankan Universities in the recent past. We are hearing simultaneous reports of clashes at the University of Colombo and a disquieting report regarding the disappearance of a student of the University of Peradeniya. Prior to this, from the year 2000, we saw the upsurge of alarming violence at the University of Kelaniya, the University of Ruhuna, the Jayawardenepura University and the University of Colombo.

Most of these incidents have involved clashes between two student groups, both with political backing. The heavy involvement of JVP backed students in the majority of these clashes is also an acknowledged fact, whatever the precise nature of its role in the present violence at Sri Jayawardenepura University, (with regard to which inquiries are ongoing), may be. Thus, during the years 2000 to 2001, we had violence between student groups representing the JVP and the PA in many of these universities, including an incident in March 2001 when the Ruhunu University students were attacked by thugs of a prominent Peoples Alliance Minister. Currently, we are heading for more violence between JVP groups and university students' unions affiliated with the UNP in a scary re-enacting of the 1980's.

Looked at from an abstract viewpoint, what is happening in the universities is no more a reflection than what is taking place in the country today. We have on the one hand, highly subversive forces and on the other, a largely general apathy on the part of university administrators and academics. Excepting a minority in certain universities who have taken a strongly apolitical and courageous position in opposing the violence, the majority of our academics have been quiescent, some openly compromising and others preferring to remain on the sidelines. This is due to an obvious fact; just as much as the students have become politicised, the academics in this country of ours are also politicised. Witness therefore the shameful phenomenon of academics venturing out with statements that support one political party or another. Witness also the far too common instances where academics are seen to intervene positively only when their own political interests are not directly in issue. What can we expect therefore from the students? Should not part of the blame for what is happening today in our universities be laid directly on those who are supposed to act as mentors and teachers, not only in the sense of arid book learning but in actual direction and guidance of their charges?

Meanwhile as far as the university authorities are concerned, the panacea is - as usual- to talk of stricter laws. These measures currently being contemplated include provision for universities to summon the police immediately upon the incidence of violence within campuses and the banning of unauthorised unions. The Vice Chancellor of the Sri Jayawardenpura University has called for a setting up of a police post within the university, provision for direct contact with a police superintendant and the reorganisation of tougher security measures. While these measures may or may not be wise - given the excessive politicisation of the police force itself in the present context- one might be forgiven for wondering as to what exactly has happened to the "Prohibition of Ragging and Other Forms of Violence in Educational Institutions" Act, No 20 of 1998, which was enacted precisely to deter incidents of the nature that led to the killing of O.V. Samantha?

It must be recalled that the passing of anti-ragging legislation in Parliament was in consequence of particularly violent incidents of ragging leading to at least two deaths in higher educational institutions. Interestingly, one would also recall that the Bill was immediately challenged in the Supreme Court by a student body of the University of Sri Jayawardenepura and a university student on the basis that it violated their rights to equality and freedom of expression. Some of their concerns were later upheld by a judgment of the Supreme Court (comprising Justices M.D.H. Fernando, A. de Z. Gunewardene and D.P.S. Gunesekera) which went on to suggest amendments that brought punishments under the law in line with similar punishments under the Penal Code.

The Court however upheld, in the main, the definition of ragging as an "any act which causes or is likely to cause physical or psychological injury or mental pain ……to a student or a staff member." This was on the basis that " Students, specially newcomers, are entitled to have their personality respected by not being subjected even to words which affect their dignity and personality, whether these words are obscene, abusive, derogatory, humiliating, degrading or contemptuous"

At this moment in time however, we see the Supreme Court judgment - and indeed the Act itself- being reduced to nought. The reason for this has been that formal complaints under the Ragging Act are necessary for prosecutions, which do not come about as both staff and students are not inclined to confront intimidation and peer pressure. This indeed, remains the issue.

It is worthwhile to remember that in 1998, the Court commented that " Ragging has for too long been cruel, inhuman and degrading. Our society has been unable to deal with the root causes of ragging, and the anxieties, fears and frustrations of youth on which ragging has fed and flourished……"

These words encapsulate the essence of the problem that still confronts Sri Lankan universities today. This is a problem that cannot be dealt with by the passing of more laws, the enforcement of far severe punishments or even perhaps - the setting up police posts within universities. Instead, it requires thoughtful and reasoned deliberations by those heading our institutions of higher learning as to how exactly to bring about a critical mass of opinion among faculty and students that would rejuvenate the 1998 anti-ragging laws, minimise politicisation of the students and foster an actual atmosphere of learning. We can, of course, still hope.

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