User Tools

Site Tools


text-of_jm_s_lecture

Differences

This shows you the differences between two versions of the page.

Link to this comparison view

Both sides previous revisionPrevious revision
Next revision
Previous revision
text-of_jm_s_lecture [2025/10/21 09:27] 49.47.0.103text-of_jm_s_lecture [2025/10/21 15:08] (current) 49.47.0.103
Line 1: Line 1:
 + https://www.youtube.com/watch?v=ZaIN6lj0gW4 1st Prof. G. N. Saibaba Memorial Lecture by Retd. Justice S. Muralidhar, 12 Oct. 2025 
 +
 + I want to begin today's lecture
 +by talking about three scenarios which I think will describe the status
 +of academic freedom in India today. 
 +
 +The first scenario goes like this 
 +and these are real stories not fiction.
 +In December 2022, the Madhya Pradesh police booked Professor Inamul Rahman,
 +principal of the government new law college in Indor for allegedly keeping a Hindu phobic and antinational book in
 +the college library. This book was titled collective violence and criminal justice system co-authored
 +by Dr. Sheetal Kval and Dr. Farat Khan. This book was in the GNLC library since
 +2014. Dr. Emma joined the GNLC 5 years later
 +in 2019. [Music] The book according to the Akil Bharata
 +Vidyati Parish the ABVP which is the student wing of the Rashtria Swami Seak the RSS.
 +This book talked about the emergence of Hindu communalism as a destructive ideology. It is also supposed to have
 +said that the Vishuh Hindu Parishad and other Hindutwa outfits seek to establish a Hindu majority state and want to
 +enslave other communities. The book had been already revised in 2021
 +to remove the so-called offending portions. The Madhya Pradesh Higher Education
 +Minister Moan Yadav who now happens to be its chief minister instituted an
 +inquiry into how the book was being allowed to be used for reference in the college.
 +Acting on a complaint by a secondyear LLM student Lucky Aidal who was a member of the ABVP, the home
 +minister Naruta Mishra ordered the registration of an FIR under several provisions of the IPC. Section 153A
 +promoting enmity on grounds of religion, race, place of birth, residence. Section
 +295A, malicious acts intended to outrage feelings, religious feelings of any
 +class. Section 500, criminal defamation. Section 504, intentional insult with an
 +intent to provoke and breach peace. Section 505, statements conducing
 +conducting to public mischief. The FI also named apart from professor,
 +Dr. Far Khan, the co-author of the book, the book's publisher Amar Law Publication and Professor Mirajis Bake.
 +The Supreme Court stayed the arrest of Rahman and Be. Rahman resigned as principal. The other
 +two never returned to Indor. In May 2024,
 +about 18 months after this happened, the Supreme Court of India quashed the FIR
 +terming it to be absurd. But the damage was done. None of the
 +three could teach at the government new law college again.
 +The second scenario goes like this. A shocking video emerged in the social
 +media in the last week of August 2023. In it, Tripi Thiagi, a teacher at the
 +Niha public school in Muzafur Nagar district in northern Uttar Pradesh could
 +be seen asking each of the students in her class to slap their seven-year-old
 +classmate who was a Muslim. As the boy stands fearfully wailing with
 +each slap, the teacher is heard asking the other students to do it properly.
 +The superintendent of police of the district later told reporters that the teacher told the students to hit the boy
 +for not remembering his timetables. The SP further disclosed that the
 +teacher's justification was when mothers of Madan students don't pay attention to the children's studies that performance
 +is ruined. The third scenario
 +on 9th August 2023 a 17-year-old Dalith male student in a
 +partly aided school in Nanganeri which is a town in Tinelwi district in Tamil Nadu was brutally attacked by
 +sickles by his three classmates who were marav and intermediate dominant cast
 +forming part of the mukulats. When his younger sister tried to save
 +him, she too was attacked. What had provoked the brutal assault?
 +Urked by the Dalik boy doing well in his class, far better than them, the
 +dominant cast boys would constantly harass, humiliate, and taunt him with cast slurs and ask him to perform menial
 +tasks for them. To avoid this, he stopped going to school. When the
 +principal inquired, Dalit Boy confided the real reason. This then led to the
 +incident I just spoke about. Both the boy and his younger sister were hospitalized with serious injuries for
 +which they underwent surgeries. They were relocated to a different school.
 +Within 3 days of this incident that sent shock waves throughout Tamil Nadu, the government after making all the right
 +noises appointed Justice K. Chandru, a former judge of the Midas High Court as a one-man committee to suggest measures
 +to be taken to create an atmosphere free of cast creed differences in schools and
 +colleges in Tamil Nadu. Why was this necessary? As the New Indian Express
 +reported in November 2015, school children in parts of Tamili were
 +wearing wristbands in different colors, each indicating the particular cast to
 +which they belonged. It is red and yellow for the tver, blue and yellow for
 +the Nadars, saffron for the yadavs. All socially and politically powerful Hindu
 +communities that come under the most backward classes category. While students of the Dalith community of
 +Palers wear wristbands in green and red and the Arundati also Dalits wear green,
 +black and white. Four years earlier in August 2019, the
 +Tamadu state education department had issued a circular discouraging the
 +practice in schools. The most vehement opposition to this
 +move came from the BJP national secretary H. Raja who tweeted that tying
 +threads on wrists and wearing tilts on foreheads are related to Hinduism.
 +Banning these in schools, he said, was a blatant anti-Hindu action. He also
 +asked, does the school education director have the courage to ban symbols of other religions?
 +The above instances, the three instances I spoke of, give us a fair idea on where
 +we stand on academic freedom in our country. The expression academic freedom has been
 +deliberated and debated upon sufficiently the world over mainly because it faces threats universally,
 +even more than ever before. An updated version of the academic freedom index
 +prepared by the FAU institute of political sciences and the VDM Institute was brought out in 2025.
 +It gives an overview of the state of academic freedom across 179 countries.
 +Its analysis showed that countries with anti-pluralist parties in government
 +have lower levels of academic freedom than those where antipuralist parties have little to no political influence.
 +It knows how antipuralist parties lack commitment to the democratic process as
 +the legal means of gaining and losing power. Once installed in power, antiplural parties tend to deepen
 +differences between political camps, reduce the space for public contestation, and undermine mutual
 +forbearance. In the academic freedom index of 2025,
 +India features at the bottom 10 to 20% of countries where academic freedom is
 +completely restricted. This is a huge dive from 2013 when it was within the
 +category of fully free and 2022 when it had fallen to mostly restricted.
 +India features in the index just above Syria, Iran, Laos and Palestine. India
 +performs worse than even Hungary, Hong Kong, Sudan, Yemen, Bangladesh and
 +Russia. The E AFI reveals that more than half of the world's population currently lives
 +in completely restricted or severely restricted levels of academic freedom.
 +Whereas in 2006 approximately 4 billion people lived in places with robust environments for academic freedom. Today
 +that number has declined by more than a quarter to 2.8 billion. A report titled free to think is brought
 +out periodically by an international coalition of academics and experts named scholars at risk s.
 +In the latest version, S has assessed data collected from 1st July 2023 to
 +30th June 2024 of 391 attacks arising from 313 incidents in 51 countries and
 +territories. The SE report talks of the concerning trends in 18 countries which includes
 +India over the past decade. India is among the countries where universities
 +have canled lectures, poetry readings and film screenings related to violence in the Middle East. Often university
 +leaders have justified the cancellations by expressing unspecified security concerns. India also figures amongst
 +those countries where state and higher education officials call in the police or security forces to break up protests.
 +The academic freedom that these empirical studies speak of can be best understood by referring to the report
 +released on 31st May 2024 by the working group on academic freedom
 +comprising international experts constituted under the ages of the United Nations. They have prepared a set of
 +nine principles for implementing the right to academic freedom. The foremost of these identifies academic freedom as
 +a human right to acquire, develop, transmit, apply and engage with a
 +diversity of knowledge and ideas through research, teaching, learning and discourse. Such engagement could take
 +place inside the academic community which is called as intramural expression or outside the academic community
 +including with the public called extramural expression. Another principle recognized is the
 +right of the student to academic freedom at all levels beginning with childhood
 +schooling. The UN special rapeer on the right to education Farida Shahid
 +submitted her report on academic freedom at the 56th session of the UN human rights council held between 18th June
 +and 12th July 2024. In it she noted importantly that students should have the right to
 +express themselves on specific subjects without fear of reprisal. Also the
 +respect due to cultural diversity and the need to ensure a multi-perspective approach including its subjects such as
 +history should be accounted for. She urged that while educators should be encouraged to foster critical thinking
 +and to provide diverse perspectives, they should do so in a manner that upholds the principle of pluralism,
 +respect for others and the pursuit of knowledge, including a supportive environment where students are
 +encouraged to think critically, engage with varying viewpoints and developed
 +informed perspectives. Most significant is the special
 +rapetier's proposal that academic freedom should be considered to be an autonomous human right grounded in
 +several provisions of international law. I now move on to something that is very
 +close to what I do that is the legal regime and the courts.
 +Let us briefly examine what the legal regime in our country is concerning education and academic freedom. Article
 +39F of our constitution talks of the unenforcable right of a child to be
 +provided by the state opportunities and facilities to develop in a healthy manner and in conditions of freedom and
 +dignity. Another directive principle is in article 45 which originally provided
 +that within a period of 10 years the state shall endeavor to provide free and compulsory education to all children up
 +to the age of 14 years. In 1993, the Supreme Court of India in the landmark decision titled JB Uni Krishna versus
 +State of Andhra Pradesh declared that the right to education is a fundamental right of every citizen up to the age of
 +14. It took another 10 years for the parliament in 2002 to insert article 21
 +capital A in part three of the constitution to recognize as a fundamental right the right of every
 +child between the ages of 6 and 14 to free and compulsory education. that however was made dependent for its
 +enforcement on a law made by parliament. Incidentally, this amendment was notified only eight years later with
 +effect from 1st April 2010, the same date on which the right to free and compulsory education act, the RTE act
 +became operational. Correspondingly, article 45 was amended to the effect
 +that the state shall endeavor to provide early childhood care and education to all children till they complete the age
 +of six. However, by restricting the fundamental right to education under article 21A to children between the ages
 +of 6 and 14, the constitutional promise remains incomplete. The judgment in JP
 +Uni Krishna was in a case concerning the malaise of capitation fees being collected for engineering and medical
 +seats in private educational institutions. That problem however continues.
 +Two other constitutional provisions that require to be noticed are article 51 capital A clause H which states that it
 +shall be the duty of every citizen to develop the scientific temper, humanism
 +and the spirit of inquiry and reform. Another provision is clause K of the
 +same article 51 capital A which states that every citizen who a parent or guardian shall provide opportunities for
 +education to his child or as the case may be ward between the ages of 6 and 14 years. Article 25 guarantees to all
 +persons the freedom of conscience, the right to freely profess, practice and propagate religion. Article 30
 +recognizes the fundamental right of both religious and linguistic minorities to establish and administer educational
 +institutions of their choice. The high courts and the Supreme Court engage on a regular basis with numerous issues
 +concerning the right to education including the admission of students to professional courses, reservation of
 +seats, appointment of teachers and principles in schools, vice chancellors in universities, anti-aging measures,
 +recognition and affiliation of educational institutions and so on. As regards minority institutions, two
 +important decisions in the recent past deserve mention. In November 2024, the Supreme Court recognized the right of
 +the madrasas in UP to run schools providing for religious instruction and imparting education in other subjects up
 +to standard 12. It did not however permit them to award decrees or diplomas. In the second decision by a
 +narrow majority of fours to three, the Supreme Court held that the Aligar Muslim University would not lose its
 +minority character only because it stood converted into a university by way of a pre-independence statute.
 +Yeah, thank you.
 +However, these instances do not quite test the court's responses to curbs on academic
 +freedom. Where they do, the result can be disappointing. One such instance has been the
 +judiciary's handling of the cases of students and teachers jailed for protesting against the Citizenship
 +Amendment Act of 2019 and its aftermath. It will be recalled
 +that spontaneous protests erupted not just in Delhi but throughout the country and even among the Indian diaspora world
 +over. Several hundreds of the protesting students and academics were arrested by the police. Some of them were booked
 +under the repressive unlawful activities prevention act the UAPA for alleged
 +antinational activity only to ensure that coming out on bail is next to impossible.
 +Five years have passed and with no prospect of the trial in these cases commencing anytime soon, there appears
 +to be no real justification for denying them bail. And now I come to the case of
 +Professor Sai Bababa. The manner in which the Supreme Court of India dealt with the case involving Professor Gian
 +Sai Baba who taught English at the Delhi University has had many illegal scholar express sus surprise and disapproval.
 +A detailed discussion of the case at this stage may not be warranted as it is still pending in the Supreme Court. Yet
 +what we need to know is this. The entire case of the prosecution in support
 +of its invocation of the provisions of the UAPA was that Professor Saiaba was
 +part of a banned terrorist organization had planned to commit a terrorist acts. The case rested entirely on the
 +electronic evidence in the form of CDs, pen drives, and a laptop ceased from his residence on 12th September 2013.
 +He was arrested on 9th May 2014. Having been afflicted with polio since his childhood, Professor Ibaba was
 +permanently on a wheelchair. Despite this, bail was refused. It took him 10
 +years to finally emerge a free person. As was mentioned earlier on 17th March
 +on 7th March 2017 the trial court found professor Sai Bababa and the other co-acused guilty
 +but this judgment was overturned by the Nagpur bench of the Bombay High Court on 14th October 2022 more than 5 years
 +thereafter. The high court held that the proceedings in criminal cases were null and void for
 +want of valid sanction in terms of section 45 subsection one of the UAPA.
 +Literally overnight and this two was adverted to literally overnight an appeal was filed by the state of
 +Maharashtra which was taken up by a special bench of the Supreme Court on the very next morning which was a
 +Saturday that is 15th October 2022 in the residence of one of the judges. The
 +acquitt was stayed perhaps a rare occurrence in the history of the Supreme Court.
 +Professor Sai Bababa continued therefore in the Andas cell in the Nagpur central jail with the Supreme Court being
 +unmoved by his deteriorating medical condition. It took another 6 months for
 +the Supreme Court by an order dated 19th April 2023 to remand the appeals to the
 +high court for a fresh hearing. For the second time by judgment dated 5th March 2024,
 +another bench of the Bombay High Court at Nagpur acquitted all the accused by holding that not only was there no valid
 +sanction to prosecute any of the accused but that the evidence gathered did not prove the case of the prosecution.
 +Fortunately, in the further appeals by the state against this judgment, no stay was granted by the Supreme Court. As a
 +result, Professor Saiaba could ultimately come come out of jail a free man with his head held high but his body
 +badly wrecked by the callous treatment he received at the hands of the state during the 10 plus years of
 +incarceration. The process was the punishment. Unfortunately, he did not live long
 +thereafter and succumbed to a post-operative complication after undergoing surgery for gallbladder
 +stones. He was just 57. He was an intellectual whose PhD was in
 +on Indian writing in English and nationmaking. Two volumes of his writings and poems
 +while in prison have been published. The question that troubles one's conscience the most is this. Who will be held
 +accountable and when for what the system did to a man of learning and forbearance?
 +Justice appears to have eluded academics and students in the above instances where they've been accused of being
 +antinationals and charged with offenses under draconian criminal laws. But then it also appears to elude them when they
 +are the victims at the hands of the non-state actors like vigilante groups and dominant casts. I will make good
 +this comment by referring to the aftermath of the three scenarios I referred to at the beginning of my talk.
 +In the first scenario in the Indor government new law college case, it was only in May 2024 that the Supreme Court
 +quashed the FIR against Professor Rahman and his three accused after the terming the criminal case is observed. However,
 +Professor Rahman who was forced to resign remains uncompensated for the agony and humiliation he has undergone.
 +The others too have not been able to return to the GNLC. This is not an isolated instance. There have been
 +persistent attacks by Hindu right-wing groups on educational institutions across the countries run by Christian
 +missionaries. The priests and nuns are harassed. Congregational prayers are disrupted. The land is encroached upon
 +or building buildings bulldozed and some of them falsely accused of indulging in forcible conversions. These cases too
 +are engaging the attention of courts. In the second scenario, the case of the young Muslim boy slapped repeatedly by
 +his classmates at the instigation and instruction of his teacher. That case was taken to the Supreme Court by Tushar
 +Gandhi. The court found egregious violations of section 17 of the RTE act
 +which prohibits any child being subject to physical punishment or mental harassment. The state has been asked to
 +bear the entire cost of the education of the child till he completes his schooling. The case remains at the
 +Supreme Court for monitoring. The dismal prospect for secular education could well characterize what
 +is happening in government run schools across the country including the kandri vidyas. There is a renewed stridency to
 +these schools hosting events that further the Hindu right-wing agenda. Professor Krishna Kumar laments the
 +disillusionment of teachers in government schools being reduced to event managers or uploaders of
 +incomplete data with little or no time for their primary task which is imparting education. All this on top of
 +the fact that there are several documented studies to show that the state of infrastructure in the public
 +schools across the country is pathetic to say the least. a wful shortage of
 +everything essential. Teachers, classrooms, chairs and tables, blackboards, clean drinking water, clean
 +toilets. Naturally, therefore, the private tuition industry is flourishing. The hope of academic freedom to pursue
 +education is but a distant dream for those who cannot afford the costs. In
 +the third scenario, the attack on the Dalith boy by the dominant cast Hindu boys, the Tamil Nadu
 +state government stepped in to provide relief for both the medical treatment of the young boy and his sister, but also ensured his admission to another school
 +where he continues to do well in his studies. When Justice Chadru met him, he wished even his attackers that they
 +would do well in their studies. And Justice Chadru was astonished that such a young boy could display so much
 +maturity. He was again recently attacked physically but it is possible according to media reports that this did not have
 +a cast angle. Sia Dingra talks about the recent phenomenon of dozens of RSS swam
 +seek triumphantly marching across the JNU campus with drums, trumpets and
 +clashing symbols. Many wielded the customary Shaka Latis unimaginable 12
 +years ago. One of the professors who spoke to her commented, and I quote, "Earlier admittedly, the teachers had a
 +bias against students who subscribed to the BJP RSS's ideology, but that there
 +was never a full-blown attack on academics itself." And he added, and I quote, "The problem is that as a result
 +of the former left's volability all these years, JNU came to represent the deep feelings of victimhood and
 +otherization harbored by the right. That is why winning JNU has been almost more
 +important for them than winning some state elections. It is like finally conquering the institution that has
 +represented their intellectual marginalization and humiliation for decades. This is the same ABVP which has
 +facilitated the rise of many a present day leader. the prime minister, the home minister, the Raa Mantri, several
 +ministers of the union cabinet, many of the chief ministers of the BJP ruled states like Uttar Pradesh, Madhya
 +Pradesh, Maharashtra and Rajasthan, former ministers like the late Arunji,
 +Prakash Jawadka, Ravish Shanka Prasad and even the vice president, former vice president Wenke. They were all student
 +leaders once who cut their teeth with the ABVP and were focused on challenging the ruling establishment of their times.
 +They do they they did undergo persecution and even imprisonment during the infamous emergency unleashed by Mrs.
 +Gandhi and her cronies. However, one doesn't recall their being called to tou
 +or antinational. Professor Gan Prakash disagrees with the widely shared prognosis that what we are
 +undergoing as a country today is another undeclared emergency. According to him,
 +what we have today is a more virulent form of totalitarianism where dissent is simply eradicated from
 +public spaces aided by the complete control of the mainstream media both electronic and social. Also, the heavy
 +hammer of a bouquet of repressive criminal laws brought against the present day academics and students
 +appears unrelenting. The instances that have been much discussed in the media reveal a pattern
 +to the ABVP's methods. They can vandalize departments if they feel that a teacher has said something in class
 +that they think is in insulting to Hinduism or hurts religious sentiments. Protests against appointment to academic
 +positions of whom they perceive to be left liberal, secular or urban axel. In November 2018, historian Ramchandra Goha
 +withdrew from a teaching position he was offered at the Ahmedabad University. Dr. Fio Khan was offered his first job to
 +teach Sanskrit literature at the Banaharas Hindu University could not conduct a single class. Some 30 students
 +of the ABVP staged a sit in outside the vice chancellor's office in protest
 +saying that it wasn't right for a Muslim professor to be teaching them Sanskrit. They obviously disagree with the recent
 +Supreme Court judgment that reminded us that Udu is an Indian language and that language is not tied to religion and
 +that multilingualism is a reflection of India's reality. Women teachers in Maharashtra have had
 +their classes disrupted by angry mobs of ABVP Carders demanding apology for what
 +they perceived to be an insult to Chhatrapati Saji. Instead of proceeding against them, the Satara police booked
 +the teacher for causing disturbance of peace and this had to be undone by the Bombay High Court. Subsequently,
 +even private universities are succumbing to pressures of not only the ruling establishment but vigilante mobs
 +furthering the right-wing agenda by not supporting their own faculty who have asserted the right of academic freedom.
 +These institutions have forced their resignation. The resignation of professor Sabisachi Das of Ashoka
 +University is one such instance. This vindicates the observation of the special rabbiteer and I quote her.
 +Academic freedom is curtailed when universities seeking state resources and/or patronage enter into compromising
 +relationships with people in power. We are seeing this play out in the US now resulting in a curious situation whereby
 +academic freedom is suppressed with the apparent support of the academic establishment. The net result is a
 +system operating mostly through hidden selfcensorship. Most more recently, Professor
 +Mahmahudabad was booked for a social media comment made by him following the press briefing held by the armed forces
 +on operation sindur. The Supreme Court protected him from arrest but astonishingly directed that the SIT
 +constituted by it will analyze the hidden meaning of the words used by him.
 +Even private think tanks have not been spared and the center for policy research has been raided with the IT and
 +the ED uh issuing showcourse notices to it. There are then other challenges to
 +academic freedom. Among the serious challenges to both institutional autonomy and academic freedom is the
 +corporatization of education. Major business enterprises are in the field of education and have been successful in
 +commoditizing, branding and marketing education as a product affordable to a few and out of reach for the many.
 +Teachers are reduced to service providers and students to being consumers. Commentators on this worrying
 +trend tell us that the focus now is less on research and more on performance and outcomes. The high costs of pursuing
 +professional courses including law in private elite universities compels many
 +a student to borrow heavily to compel complete the basic level of education and then succumb to the temptation of
 +opting for the highest paying job. A direct impact on academic freedom to
 +choose one's career path. The use of digital technology has not made it any easier for academic freedom. On the
 +contrary, the challenge today is sifting the fake news from the real, spotting the manufactured AI generated work from
 +the genuinely researched ones and shutting out the garbage that the net is hosted to. How does one protect
 +impressionable minds from the onsl onslaught of WhatsApp forwards where halfbaked opinions based on
 +misinformation passes off for expert opinion. In this scenario, the internet
 +has the potential of posing yet another threat to academic freedom. Add to this
 +the fact that most campuses today are fortresses where CCTV cameras facilitate constant
 +surveillance and biometric attendance is the norm. Campus violence is on the rise
 +as is drug abuse. Police everywhere are infiltrating student WhatsApp groups.
 +The faculty too is under their radar. Signing of letter petitions protesting arbitrary actions of the government or
 +even of right-wing groups and their role models invites showcase notice to the faculty for crossing the line.
 +Loss of institutional autonomy autonomy is felt most when the control is sought
 +to be exercised over what can constitute the syllabus and the reading material that can be referred to. This concerns
 +both schools and colleges.
 +The RSS has an educational wing called Vidyabharti. As of today, if you go on the website,
 +it tells you that the Vidya runs as many as 12,754
 +formal schools hosting 3.2 million students and 12,654
 +informal schools hosting 2.45 45 million students and it also employs 1.5 lakh
 +teachers. Most of these schools are affiliated to the CBSC, various state boards and the
 +national institute of open schooling. Vidya's books are published in Hindi and
 +12 other regional languages including Bengali, Tamil and Odia and they are taught in addition to the government
 +approved curriculum. A question and answer on page five of Bodh Mala 4, a
 +textbook on cultural knowledge intended for class 4 students reads like this question. Which are the countries along
 +our present day border that were once part of a country? Answer: Bram brackets
 +Myanmar, Bangladesh to the east, Pakistan and Afghanistan to the west, Tibet, Nepal and Bhutan to the north and
 +Sri Lanka to the south. A teacher's guide book part of the same series makes
 +this amazing claim. Earlier Hindu culture prevailed all over Jamu. What we
 +call Asia today was the ancient Jamudepi. the whole of Egypt, Saudi Arabia, Iraq,
 +Iran, Kazakhstan, Israel, Russia, Mongolia, China, Myanmar, Indonesia,
 +Malaysia, Java, Sumatra, India, Bangladesh, Nepal, Bhutan, Pakistan and
 +Afghanistan were part of it. So a teacher is supposed to teach this
 +to class 4 students. a teacher's guide book. Sorry. All this
 +may not be cause for worry if it weren't part of the general push for revival of what is now termed as Indian knowledge
 +systems. These ideas appear to have percolated into the curriculum of formal institutions like the National Institute
 +of Open Schooling which has already included in its curriculum the claims of Canada's atomic theory, Susha's plastic
 +surgery and vic mathematics. The book Vimarika Shastra is cited in NCERT's new
 +module on the Chandayan mission for seemingly revealing that our civilization had the knowledge of flying
 +vehicles. This could also explain ISRO chief Somat claiming in 2023
 +that major scientific de developments in branches like metalergy, astrology,
 +astronomy, aeronautical sciences and physics took place in ancient India and were later taken to Europe by the Arabs.
 +Textbooks on history across grades and political science for classes 11 and 12
 +have been particular targets for retelling and rewriting. Last month the press reported the
 +students in government schools in Delhi will soon study about the RSS alongside
 +freedom fighters under a new educational initiative called Rashtrianiti. Another news item disclosed that RSS
 +will be opening schools to train students for the armed forces. A longtime watcher of the Hindu rightwing
 +groups, Nilenjan Mukhabadaya said that the idea behind the RSS operating such a
 +large network of schools across the country is to catch the Hindu minds young and instill the idea of ancient
 +Hindu invincibility. a past when Hindu India was the dominant race all over the
 +world and that the golden bird of Indian civilization was destroyed by thousand
 +years of slavery first in the hands of Muslims and then the Christian colonial powers. Then there are a slew of
 +directives to universities and institutes of higher learning from the UGC. This extends from organizing
 +meditation sessions developed by Shrii Sha Ravishanka's agency the art of living foundation to celebrating events
 +and festivals within campuses. There are revisions to syllabuses and reading lists that do not pass the master of
 +right-wing groups. The forcible removal of the essay titled
 +300 Ramayanas five examples and three thoughts on translation by loted noted
 +literature AK Ramanujan has been removed from the list of reading materials for
 +the BA honors course in the Delhi University. Then you have the complete takeover of
 +the Indian Council for Historical Research, the Archical Archeological Survey of India, the Indian Science
 +Congress, the appointments as directors of the various IITs and the IM, the vice
 +chancellors of various universities including the Nalanda University and even Vishuabari
 +and even recently the film and television television institute of India. When one steps back to view the changes
 +in the past decade in the field of education, it is striking how persistent, deep and pervasive has been
 +the effort to capture the popular imagination of not just the public but of young impressionable minds. There is
 +a concerted attempt to purge it of anything that can be seen as questioning the policies and actions of the ruling establishment. There is a smuggness to
 +debunking science and glorifying past learnings. When you prefix liberal with
 +left and misspelled secular as secular, deriding intellectual discourse is
 +relatively simple. What can be taught? How can it be taught? Who can teach? Who
 +can be taught? What can be written about or commented on are all no longer to be
 +decided by educational institutions. They are to be pre-clared, vetted by extra legal mechanisms and bodies. You
 +can dream, you can imagine, but on to act on them you need permission.
 +Dissent is not to be encouraged much less tolerated. In the India of 2025,
 +Fez Emits Fes's poem bowl can be recited but terms and conditions apply.
 +Reciting or shouting Azadi in the campus of an educational institution might invite
 +being labeled urban axel to create rupe gang khan market type or even ju type.
 +I come to the last versions of this talk. Academic freedom in India throws up
 +challenges of accommodating several competing interests and on top of it social inequalities exacerbated by cast,
 +class and communal prejudices. The Supreme Court has in the context of accepting a limited quota in Delhi since
 +Stephen College for those following this Christian faith reminded all of us that and I quote every educational
 +institution irrespect of the community to which it belongs is a melting pot in our national life. The students and
 +teachers are the critical ingredients. It is there they develop respect for and tolerance of the cultures and beliefs of
 +others. It is essential therefore that there should be a proper mix of students of different communities in all
 +educational institutions. Is there then hope? This is what most of
 +us here would want to know. History tells us that even these times pass.
 +Many a teacher and student is in some or other corner of the country resisting resisting being taken over by or
 +surrendering to the pressures and pulls of a repressive regime. They signify the resilience of the human spirit to stand
 +up firm against the odds. Ours is a plural society with lived histories of
 +inclusivity, sharing and compassion. If we don't let that yearning within each
 +of us to get snuffed out, there will be hope. Most importantly, it is essential
 +as for us to nurture that spirit and the constitutional values that we wish to
 +live by so that future generations will learn from our experience and know what to value and what to preserve.
 +The changes that we have witnessed in the past decade may be of a more enduring nature than we can imagine. It
 +renders the task of restitution of our belief in constitutional values of inclusivity and pluralism even more
 +challenging. How do we reclaim secular spaces for academic freedom within public universities and institutions of
 +higher learning? How should private universities be facilitated to regain institutional autonomy? How can we
 +cultivate and nurture scientific temper and a spirit of inquiry in young minds?
 +How can we improve the conditions of a public and government schooling to provide a hope for academic freedom from
 +childhood to adulthood? How do we build on the space that we have on the internet and spread the good work of
 +through influences? How do we restore dignity of the individual in the closed learning space
 +without distinction that the basis of cast, gender and general stereotyping?
 +We have in our midst different models of education that appear to provide that alternate space at least in the recent
 +past. The Shantinetan model or the Krishna Morti Foundation of India model for instance. Can we replicate these or
 +adapt them for today's needs? Our answers to these questions will determine the course of academic freedom
 +for those that follow. In signing off today's talk, I wish to
 +recall a marvelous judgment delivered on 11th August 1986 by the Supreme Court in
 +Bij Emanuel versus the state of Kerala. The three appellants before the Supreme Court were Bij Binol and Bindu Emanuel.
 +They belonged to the Yahoo's witnesses, a Christian denomination. Daily during
 +the morning assembly when the national anthem was sung the three children stood respectfully but did not sing because
 +according to them it was against the tenets of their religious faith. Not the words or the thoughts of the anthem but
 +the singing of it. This led them to being expelled from the school which action they unsuccessfully challenged in
 +the Kerala High Court. The Supreme Court on 11th August 1986 reversed the high
 +court decision and held that the expulsion of the three children from the school was a violation of their fundamental right to freedom of
 +conscience and freely to profess practice and propagate religion under article 25 clause one of the
 +constitution. The court ended the judgment with a flourish reminding us that our tradition
 +teaches tolerance, our philosophy preaches tolerance, our constitution practices tolerance. It exhausts us. It
 +exhausts us not to dilute it. The children were asked to be readmitted to
 +the school
 +
 +
 +
 3 Instances': Justice S. Muralidhar On Status Of Academic Freedom In India | Communalism | Caste 3 Instances': Justice S. Muralidhar On Status Of Academic Freedom In India | Communalism | Caste
 https://www.youtube.com/watch?v=9OAWInDLXeY https://www.youtube.com/watch?v=9OAWInDLXeY
Line 759: Line 1166:
 Supreme Court for monitoring. Heat. Supreme Court for monitoring. Heat.
 Heat. Heat.
 +
 +'Business Enterprises Commoditizing Education': Justice Muralidhar On Corporatization of Education https://youtu.be/qHtBUhmoCOQ
 +[Music]
 +There are then other challenges to
 +academic freedom. Among the serious
 +challenges to both institutional
 +autonomy and academic freedom is the
 +corporatization of education. Major
 +business enterprises are in the field of
 +education and have been successful in
 +commoditizing, branding and marketing
 +education as a product affordable to a
 +few and out of reach for the many.
 +Teachers are reduced to service
 +providers and students to being
 +consumers. Commentators on this worrying
 +trend tell us that the focus now is less
 +on research and more on performance and
 +outcomes. The high costs of pursuing
 +professional courses including law in
 +private elite universities compels many
 +a student to borrow heavily to comp
 +complete the basic level of education
 +and then succumb to the temptation of
 +opting for the highest paying job. A
 +direct impact on academic freedom to
 +choose one's career path. The use of
 +digital technology has not made it any
 +easier for academic freedom. On the
 +contrary, the challenge today is sifting
 +the fake news from the real, spotting
 +the manufactured AI generated work from
 +the genuinely researched ones and
 +shutting out the garbage that the net is
 +hosted to. How does one protect
 +impressionable minds from the onsl
 +onslaught of WhatsApp forwards where
 +halfbaked opinions based on
 +misinformation passes off for expert
 +opinion. In this scenario, the internet
 +has the potential of posing yet another
 +threat to academic freedom. Add to this
 +the fact that most campuses today are
 +fortresses
 +where CCTV cameras facilitate constant
 +surveillance and biometric attendance is
 +the norm. Campus violence is on the rise
 +as is drug abuse. Police everywhere and
 +infiltrating student WhatsApp groups.
 +The faculty too is under their radar.
 +Signing of letter petitions protesting
 +arbitrary actions of the government or
 +even of right-wing groups and their role
 +models invites show cause notice to the
 +faculty for crossing the line.
 +Loss of institutional atom autonomy is
 +felt most when the control is sought to
 +be exercised over what can constitute
 +the syllabus and the reading material
 +that can be referred to. This concerns
 +both schools and colleges.
 +[Music]
 +The RSS has an educational wing called
 +Vidyabarti.
 +As of today, if you go on the website,
 +it tells you that the Vidya runs as many
 +as 12,754
 +formal schools
 +hosting 3.2 million students and 12,654
 +informal schools hosting 2.45 45 million
 +students and it also employs 1.5 lakh
 +teachers.
 +Most of these schools are affiliated to
 +the CBSC, various state boards and the
 +National Institute of Open Schooling.
 +Vidya Barti's books are published in
 +Hindi and 12 other regional languages
 +including Bengali, Tamil and Odia and
 +they are taught in addition to the
 +government approved curriculum. A
 +question and answer on page five of Bodh
 +Mala 4, a textbook on cultural knowledge
 +intended for class 4 students reads like
 +this question. Which are the countries
 +along our present day border that were
 +once part of a country? Answer:
 +Bangladesh brackets Myanmar, Bangladesh
 +to the east, Pakistan and Afghanistan to
 +the west, Tibet, Nepal and Bhutan to the
 +north and Sri Lanka to the south. A
 +teacher's guide book part of the same
 +series makes this amazing claim. Earlier
 +Hindu culture prevailed all over Jamu.
 +What we call Asia today was the ancient
 +Jamudi.
 +the whole of Egypt, Saudi Arabia, Iraq,
 +Iran, Kazakhstan, Israel, Russia,
 +Mongolia, China, Myanmar, Indonesia,
 +Malaysia, Java, Sumatra, India,
 +Bangladesh, Nepal, Bhutan, Pakistan and
 +Afghanistan were part of it. So, a
 +teacher is supposed to teach this
 +to class 4 students.
 +a teacher's guide book.
 +Sorry. All this may not be cause for
 +worry if it weren't part of the general
 +push for revival of what is now termed
 +as Indian knowledge systems. These ideas
 +appear to have percolated into the
 +curriculum of formal institutions like
 +the National Institute of Open Schooling
 +which has already included in its
 +curriculum the claims of Canada's atomic
 +theory, Susha's plastic surgery and Vic
 +mathematics. The book Vimarika Shastra
 +is cited in NCERT's new module on the
 +Chundayan mission for seemingly
 +revealing that our civilization had the
 +knowledge of flying vehicles. This could
 +also explain ISRO chief Somnat claiming
 +in 2023
 +that major scientific developments in
 +branches like metalology, astrology,
 +astronomy, aeronautical sciences and
 +physics took place in ancient India and
 +were later taken to Europe by the Arabs.
 +Textbooks on history across grades and
 +political science for classes 11 and 12
 +have been particular targets for
 +retelling and rewriting.
 +Last month the press reported the
 +students in government schools in Delhi
 +will soon study about the RSS alongside
 +freedom fighters under a new educational
 +initiative called Raashtrianiti.
 +Another news item disclosed that RSS
 +will be opening sic schools to train
 +students for the armed forces. A
 +longtime watcher of the Hindu rightwing
 +groups, Nilanjan Mhabadaya said that the
 +idea behind the RSS operating such a
 +large network of schools across the
 +country is to catch the Hindu minds
 +young and instill the idea of ancient
 +Hindu invincibility. a past when Hindu
 +India was the dominant race all over the
 +world and that the golden bird of Indian
 +civilization was destroyed by thousand
 +years of slavery first in the hands of
 +Muslims and then the Christian colonial
 +powers. Then there are a slew of
 +directives to universities and
 +institutes of higher learning from the
 +UGC. This extends from organizing
 +meditation sessions developed by Shri
 +Ravishanka's agency the art of living
 +foundation to celebrating events and
 +festivals within campuses. There are
 +revisions to syllabuses and reading
 +lists that do not pass the master of
 +right-wing groups. The forcible removal
 +of the essay titled 300 Ramayanas, five
 +examples and three thoughts on
 +translation by noted noted literature AK
 +Ramanujan has been removed from the list
 +of reading materials for the BA honors
 +course in the Delhi University.
 +Then you have the complete takeover of
 +the Indian Council for Historical
 +Research, the Artical Archaeological
 +Survey of India, the Indian Science
 +Congress, the appointments as directors
 +of the various IITs and the IM, the vice
 +chancellors of various universities
 +including the Nalanda University and
 +even Vishwabarti
 +and even recently the film and
 +television television institute of
 +India.
 +When one steps back to view the changes
 +in the past decade in the field of
 +education, it is striking how
 +persistent, deep and pervasive has been
 +the effort to capture the popular
 +popular imagination of not just the
 +public but of young impressionable
 +minds. There is a concerted attempt to
 +purge it of anything that can be seen as
 +questioning the policies and actions of
 +the ruling establishment. There is a
 +smuggness to debunking science and
 +glorifying past learnings. When you
 +prefix liberal with left and misspel
 +secular as secular, deriding
 +intellectual discourse is relatively
 +simple. What can be taught? How can it
 +be taught? Who can teach? Who can be
 +taught? What can be written about or
 +commented on are all no longer to be
 +decided by educational institutions.
 +They are to be pre-clared, vetted by
 +extra legal mechanisms and bodies. You
 +can dream, you can imagine, but on to
 +act on them you need permission.
 +Dissent is not to be encouraged much
 +less tolerated. In the India of 2025,
 +Fez emits Fez's poem bowl can be recited
 +but terms and conditions apply.
 +[Music]
 +[Music]
 +Reciting
 +or shouting aadi in the campus of an
 +educational institution might invite
 +being labeled urban axel to create dupe
 +gang khan market type or even ju type.
 +I come to the last portions of this
 +talk.
 +Academic freedom in India throws up
 +challenges of accommodating several
 +competing interests and on top of it
 +social inequalities exacerbated by cast
 +class and communal prejudices.
 +The Supreme Court has in the context of
 +accepting a limited quota in Delhi since
 +Stephen College for those following this
 +Christian faith reminded all of us that
 +and I quote every educational
 +institution irrespect of the community
 +to which it belongs is a melting pot in
 +our national life. The students and
 +teachers are the critical ingredients.
 +It is there they develop respect for and
 +tolerance of the cultures and beliefs of
 +others. It is essential therefore that
 +there should be a proper mix of students
 +of different communities in all
 +educational institutions.
 +Is there then hope? This is what most of
 +us here would want to know. History
 +tells us that even these times pass.
 +Many a teacher and student is in some or
 +other corner of the country resisting
 +resisting being taken over by or
 +surrendering to the pressures and pulls
 +of a repressive regime. They signify the
 +resilience of the human spirit to stand
 +up firm against the odds. Ours is a
 +plural society with lived histories of
 +inclusivity, sharing and compassion. If
 +we don't let that yearning within each
 +of us to get snuffed out, there will be
 +hope. Most importantly, it is essential
 +as for us to nurture that spirit and the
 +constitutional values that we wish to
 +live by so that future generations will
 +learn from our experience and know what
 +to value and what to preserve.
 +The changes that we have witnessed in
 +the past decade may be of a more
 +enduring nature than we can imagine. It
 +renders the task of restitution of our
 +belief in constitutional values of
 +inclusivity and pluralism even more
 +challenging. How do we reclaim secular
 +spaces for academic freedom within
 +public universities and institutions of
 +higher learning? How should private
 +universities be facilitated to regain
 +institutional autonomy? How can we
 +cultivate and nurture scientific temper
 +and a spirit of inquiry in young minds?
 +How can we improve the conditions of a
 +public and government schooling to
 +provide a hope for academic freedom from
 +childhood to adulthood? How do we build
 +on the space that we have on the
 +internet and spread the good work of
 +through influences?
 +How do we restore dignity of the
 +individual in the closed learning space
 +without distinction that the basis of
 +cast, gender and general stereotyping?
 +We have in our midst different models of
 +education that appear to provide that
 +alternate space at least in the recent
 +past. The Shanti Niketan model or the
 +Krishnami Foundation of India model for
 +instance. Can we replicate these or
 +adapt them for today's needs? Our
 +answers to these questions will
 +determine the course of academic freedom
 +for those that follow.
 +In signing off today's talk, I wish to
 +recall a marvelous judgment delivered on
 +11th August 1986 by the Supreme Court in
 +Bij Emanuel versus the state of Kerala.
 +The three appellants before the Supreme
 +Court were Bij Binol and Bindu Emanuel.
 +They belong to the Yeho witnesses, a
 +Christian denomination. Daily during the
 +morning assembly when the national
 +anthem was sung. The three children
 +stood respectfully but did not sing
 +because according to them it was against
 +the tenets of their religious faith. Not
 +the words or the thoughts of the anthem
 +but the singing of it. This led them to
 +being expelled from the school which
 +action they unsuccessfully challenged in
 +the Kerala High Court. The Supreme Court
 +on 11th August 1986 reversed the high
 +court decision and held that the
 +expulsion of the three children from the
 +school was a violation of their
 +fundamental right to freedom of
 +conscience and freely to profess
 +practice and propagate religion under
 +article 25 clause one of the
 +constitution.
 +The court ended the judgment with a
 +flourish reminding us that our tradition
 +teaches tolerance. Our philosophy
 +preaches tolerance. Our constitution
 +practices tolerance. It exhausts us. It
 +exhausts us not to dilute it. The
 +children were asked to be readmitted to
 +the school. Thank you very much. Thank
 +you.
 +
 +
 +
text-of_jm_s_lecture.1761038830.txt.gz · Last modified: by 49.47.0.103

Donate Powered by PHP Valid HTML5 Valid CSS Driven by DokuWiki