Monday, August 6, 2012

Hazing : The Truth and The Tales

Recent events involving the deaths of two students from the San Beda College of Law have once again raised so much uproar and condemnation against the practice of hazing in fraternities. Family members are grieving, the guilty parties are unable to show themselves up, obviously confused and uncertain of their future, except criminal prosecution, an entire school and its alumni likewise condemning hazing, law enforcement agencies are preoccupied with the crime scene and in running after the suspects, lawmakers are on the drawing board and started to announce the conduct of legislative inquiries for purposes of reviewing and amending the present anti-hazing law, and of course, the media is equally and naturally outraged.
There is no doubt that somebody has to answer for the deaths of the hazing victims. From their grave, they are crying out for justice. Like anyone else who are already members of fraternities, they too would like to be called brothers. But fate have not been kind to them.
 Is hazing really necessary? Are fraternities and sororities or similar organizations still relevant? Can hazing be eradicated? What is the truth about it? What are the lies?

Fraternities and Sororities
Fraternities, and sororities are commonly known nowadays as college secret or more accurately “secretive” societies with noble objectives. They are exclusive and members are known to strive for academic excellence and service to fellowmen. True enough, quite a number do excel in their studies and works. They are regarded as successful, and even if one may not be as successful, the fact that he carries the name of the organization would suffice to make him like or feel like one.
Generally, the names of these organizations comprise any two or more of the greek alphabets, from Alpha to Omega to represent the outstanding qualities and intelligence of those who join these fraternities, or at least in the process of being a member, one would have such qualities. The inspiration came from ancient Greeks (philosophers, scientists and inventors) who were regarded as superior, and thus, once a person becomes a fraternity brother or a sorority sister, the real world is opened up, wisdom abounds and life will no longer be “greek” to such person.

Symbolisms and Practices
One must expect that greek letters in the names of these secret societies are symbolisms with attached meanings where normally, only the members will know. Further, passwords and grips are uttered and made, and from that moment on, likewise being symbolisms, they create an automatic bond that will transform complete strangers into brothers or sisters, and unfortunately, anyone who may be in their midst who is not a member will become the stranger, and an intruder.
These symbolisms and their rituals make them exclusive. Each member is deemed special and privileged.
By the way, not all are known as greek-letter societies or organizations. In law schools, latin sounding names have been adopted like lex and juris, among others. 
Though secretive and exclusive, fraternities and sororities will never claim being elitists.  Or at least a majority of them will not. Although they want to be treated and feel being entitled as such, by tradition and as an unwritten rule. Its apparent exclusivity is marked by situations where members group themselves together whenever they may be to the exclusion of others. Non-members are regarded as barbarians while members of other fraternities are treated as ordinary or inferior.
They always strive for superiority and they prove this in terms of numbers – like, having the most number of prominent and influential members or alumni, the most number of projects and accomplishments, and in law schools, the most number of bar topnotchers, scholars, bar passers, student leaders, and successful alumni members like judges, justices, government officials and politicians particularly in the halls of congress, and in local government units, such as governors and mayors including sanggunian and barangay officials.

Anti-Hazing Law or R.A. 8049
Unfortunately, most of these organizations are engaged in initiation-related violence consisting of fist blows, kicks, cigarette or candle burns, and paddles, and other means of inflicting physical and psychological pain and sufferings upon a neophyte or pledge before becoming a member. This is hazing as punished under R.A. 8049 otherwise known as the Anti-Hazing Law.  
            Hazing as defined under the law, is an initiation rite or practice as a prerequisite for admission into membership in a fraternity, sorority or organization by placing the recruit, neophyte or applicant in some embarrassing or humiliating situations such as forcing him to do menial, silly, foolish and other similar tasks or activities or otherwise subjecting him to physical or psychological suffering or injury. There are exclusions from this definition such as the physical, mental and psychological testing and training procedure and practices to determine and enhance the physical, mental and psychological fitness of prospective regular members of the Armed Forces of the Philippines and the Philippine National Police.
            Admittedly, the law did not totally outlaw hazing. It merely regulated the practice of hazing or initiation processes by requiring prior written notice to the school authorities or head of organization seven (7) days before the conduct of such initiation, and in the conduct thereof, at least two (2) representatives of the school or organization must be present in order to see to it that no physical harm of any kind shall be inflicted upon a recruit, neophyte or applicant.
It is also provided that if the person subjected to hazing or other forms of initiation rites suffers any physical injury or dies as a result thereof, the officers and members of the fraternity, sorority or organization who actually participated in the infliction of physical harm shall be liable as principals. The person or persons who participated in the hazing shall suffer penalties ranging from prison correccional in its maximum period (4 years, 2 months and one day to 6 years) to reclusion perpetua (life imprisonment), depending on the gravity of the offense.
            Administrative sanctions may be imposed separately from the criminal prosecution. The owner of the place where hazing was undertaken, the parents or homeowner where it was held, the officers, former officers, adviser or alumni who planned the activity, school authorities or faculty members who consent or has knowledge about it but did not do anything, and those present when hazing was taking place shall be held libale, either as principals or as accomplices.
When death, rape, sodomy or mutilation results from hazing, the penalty is reclusion perpetua. The law also imposes the maximum penalty which is life imprisonment, in any of the following instances: (a) when the recruitment is accompanied by force, violence, threat, intimidation or deceit on the person of the recruit who refuses to join; (b) when the recruit, neophyte or applicant initially consents to join but upon learning that hazing will be committed on his person, is prevented from quitting; (c) when the recruit, neophyte or applicant having undergone hazing is prevented from reporting the unlawful act to his parents or guardians, to the proper school authorities, or to the police authorities, through force, violence, threat or intimidation; (d) when the hazing is committed outside of the school or institution; or (e) when the victim is below twelve (12) years of age at the time of the hazing. It may be noted however, that if a neophyte is traumatized and suffers psychological damage, other laws will apply and not R.A. 8049.

Phenomenon and Herd Mentality
            The question remains, despite the presence of the law, “why is it that there is still hazing?”
            Hazing is a group phenomenon characterized by a herd mentality. Simply put, hazing is peer pressure, and anyone who does not pass through this, can never be a member. This is wrong because hazing is a lie in legitimate fraternities and sororities, for the truth is that there is an initiation process that must be followed and adhered to where hazing is not tolerated.
It must be emphasized that hazing is never a tradition. It is a penal offense. It does not serve any practical purpose. It will not make a neophyte a better person. It is a means that does not justify the end.  To allow oneself as a “neo” and to be subjected to hazing is a personal but may not be an informed decision. To participate as the so-called “master” in hazing practices is a deliberate act with awareness of its nature and consequences. Hazing becomes the common bond that ties the brothers or sisters together and no longer the organization's principles, doctrines and cultural values which are supposedly imbued into every neophyte. 
Hazing cannot be “minimized” for that is a relative term. One cannot measure hazing. It cannot be quantified. A paddle whacked on one person could be fatal, while 20 paddles on another would mean nothing. Medical attention or monitoring during the hazing process is not a solution. It will only embolden the participants and inflict more pain and injuries upon the neophyte.
          It is not surprising for prospective members to still pursue their determination to belong and become a brother or a sister - and the reasons are many. It could be due to the noble objectives of the organization to which there is a special place in his heart - like service, academic excellence, family tradition, professional camaraderie, or camaraderie;  personal – political clout, prestige , financial or academic solutions; and sinister – connections, protection, ego tripping or pleasure. The list is not exclusive but those with the most trivial or selfish motive would more often than not fall out and quit.
The notion that hazing would insure the loyalty of the neophyte to the organization is a misnomer. It does not build loyalty. It does not train the body to endure pain which may be inflicted during frat wars. It is not a means to test the intelligence or I.Q. of a person.

Amending the Law Against Hazing
Hazing is actually torturing a person - physically, mentally and emotionally -  which may result to psychological damage or even death. Since when can injuring a person or perhaps even murdering him be regulated and not totally banned or outlawed. Hazing is mala in se and inflicting injuries or causing death to a person is totally wrong, harmful, immoral and lawlessness. This is inhumanity in its most condemnable form.
Hence, hazing has no purpose and should be completely banned. Condemning hazing is not enough. There should be no let up until a new law or amendments to the existing law are passed. The new law must explicitly define hazing as a criminal offense and not merely regulate its practice. It should be differentiated from the process of initiation where the dignity and integrity of the person are respected, upheld and enhanced. The penalty for hazing should be reviewed. The school authorities must compel the registration of legitimate fraternities organized and existing under Philippine laws, require the submission of the names of student members and its council of advisers composed of its alumni members, monitor the activities and projects of the organization, insure the presence of a school representative in the initiation process or ritual, and such other measures which will insure that the organizations are closely monitored against the commission of hazing to its students.
In addition, since the concern is not strictly confined to hazing, in as much as there are also issues, among others, on frat wars causing injuries and deaths to frat members, the law shall create a national council of school fraternities and sororities to be headed by the Secretary of Education and operated by an Executive Director, that will serve as the national registry of fraternities and sororities, and it will also function as a consultative or even a regulatory body with research capabilities and investigative functions. All appeals pertaining to administrative cases filed in relation with the violation of the new law shall be decided by an adjudicatory board whose decision shall be final and immediately executory once approved by the said council.

Conclusion : Fraternities and Sororites
As Partners in National Development
There are probably hundreds if not thousands of fraternities, sororities, and other organizations or secret societies as well as their chapters in various high schools, colleges and universities, all over the country, and there is no way by which the growth or birth of new ones could be stopped.
The concerns are for real. But the potentials of these fraternities and sororities in contributing to national development are great and may be harnessed.
Meanwhile, the entire nation can only pray for those who have died because of hazing. They are innocent and helpless victims of the prevailing system. In order that they shall be deemed not to have died in vain, the campaign against hazing, as well as the advocacy espoused by a clear conscience as laid down herein, must be pursued.