UNIVERSITIES MUST RESPECT CONSTITUTIONAL FREE SPEECH

UNIVERSITIES MUST RESPECT CONSTITUTIONAL FREE SPEECH

Syllabus:

GS-2 : Fundamental Rights, Government Policies & Interventions

Why in the News?

A recent controversy surrounding university faculty being penalised for voicing personal opinions has reignited the debate on academic freedom and freedom of speech in India. With India’s global press freedom ranking at 151, concerns about shrinking democratic spaces, especially in universities, demand urgent constitutional and ethical scrutiny. This incident highlights the current national issues in India regarding freedom of expression in academia and the political status of India’s higher education system. As discussed in a recent The Hindu article on education, these developments raise questions about the state of academic liberty in the country, reflecting the current political situation in India.

HISTORICAL CONTEXT MATTERS

• Printing Press: The imprimatur system in 16th century England, requiring prior approval for publications, is a historical warning against censorship.
• Milton’s Appeal: John Milton’s Areopagitica (1644) laid the foundation for defending freedom to argue and publish without state interference.
• India’s Parallel: Requiring university teachers to seek permission before expressing views is akin to reviving outdated censorship practices, reminiscent of restrictions on freedom in India’s past.
• Global Rank: India’s 151st position in the World Press Freedom Index indicates a worrying trend of institutional overreach and media suppression, affecting academic freedom in universities.
• Democratic Ethos: The battle of ideas is integral to democracy; stifling dissent weakens the moral claim of India as a Vishwaguru and impacts the quality of higher education and research. This aspect of India’s democratic tradition is often highlighted in speeches on Indian history.

EXPRESSION VS ACTIVISM

• Personal Views: Teachers must make it clear that their views are personal, but universities labeling them as ‘activists’ is unjustified and threatens academic freedom.
• Precedents Exist: Public universities have allowed active politics — for example, a professor once became BJP national president.
• Protected Speech: Courts must uphold constitutionally protected speech, not equate it with institutional activism. This is crucial for preserving academic freedom and freedom of inquiry in higher education institutions, especially in light of current government issues.
• U.S. Benchmark: In Texas v. Johnson, even flag burning was seen as protected expression — a liberal precedent India could reflect on when considering educational policies in India.
• Dissent Value: Expression of dissent must be accepted as part of plural academic environments, not punishable rebellion. This is essential for fostering a culture of academic freedom in universities.

UNIVERSITIES AND CENSORSHIP

• Stifled Scholarship: Controlled environments hinder creativity and critical thinking; research needs freedom, not fear. Surveillance and sedition charges can severely impact academic freedom and research quality.
• Ancient India: Thinkers like Aryabhata, Gargi, Chanakya thrived in unconstrained gurukul systems, not regulated campuses. This historical perspective is relevant when considering ancient institutions in NEP-2020 and is often included in speeches on Indian history.
• Diverse Ideas: Even repulsive views should be aired for academic debate; intellectual freedom is foundational to higher education and research. This includes controversial topics like “Hindutva se azadi”, which should be open for discussion in academic settings.
• Funding Crisis: Indian universities are overregulated and underfunded, affecting both freedom and quality of research and higher education. The issue of university funding is a critical aspect of the current issues in India’s education sector.
• Ownership vs Rights: Private university owners must understand that academic freedom outweighs corporate ownership interests, especially in matters of curriculum and faculty appointments.

SPEECH AND TRUTH

• Milton’s Logic: Truth doesn’t need protection from falsehood — open expression lets truth emerge victorious, a principle crucial for academic freedom.
• Fake News Era: In a world of misinformation, multiple viewpoints help citizens filter truth through deliberation, emphasizing the importance of free speech in universities.
• Holmes’ Test: U.S. judge Oliver Wendell Holmes said truth prevails in the ‘marketplace of ideas’, not under suppression, a concept vital for academic freedom and research.
• Government’s Gain: Free speech can aid the government by exposing false narratives without needing censorship, highlighting the importance of freedom in India’s educational institutions.
• Emotional Fulfilment: Speech is tied to self-fulfilment; individuals need emotional outlets for intellectual engagement, a key aspect of academic freedom in higher education.

CONSTITUTIONAL FRAMEWORK

• Reasonable Limits: Article 19(2) imposes specific, limited restrictions on speech like sovereignty, morality, and public order, which are relevant to academic freedom in universities.
• 1951 Amendment: The word ‘reasonable’ was introduced in 1951 to ensure that freedom isn’t arbitrarily curtailed, a principle crucial for protecting academic freedom.
• Proportionality Doctrine: Courts use this test to decide if restrictions are necessary and minimally intrusive, especially in cases involving academic freedom and student protests.
• Anuradha Bhasin Case: Recognised Internet access as part of free speech, and emphasized legitimacy of restrictions, which has implications for academic freedom and research in the digital age.
• Burden on State: It’s the state’s responsibility to prove a restriction is constitutional, proportionate, and necessary, a principle that safeguards academic freedom in universities and addresses national issues in India related to free speech.

INSTITUTIONAL ACCOUNTABILITY

• Article 19(2) Scope: Institutions, including private universities, cannot create new restrictions outside Article 19(2), ensuring protection of academic freedom.
• SRM University Ruling: In Dr. Janet Jeyapaul v. SRM University (2015), the SC ruled private universities are ‘state’ for fundamental rights, reinforcing the importance of academic freedom in all higher education institutions.
• Article 14 Violation: Arbitrary restrictions by private institutions violate the right to equality and are legally challengeable, supporting academic freedom and faculty rights.
• Impact on Faculty: Disowning professors for protected speech leads to demotivation and brain drain in academia, highlighting the need for strong academic freedom protections.
• Educational Ethos: SC views education as an occupation, not business; universities must embody intellectual diversity and free thought, central to the concept of academic freedom. This principle extends to the role of vice chancellors in upholding academic integrity.

Conclusion

Democracy thrives when diverse voices are heard. Universities, as knowledge ecosystems, must protect and not suppress free and constitutionally valid speech. Penalising faculty for personal expression dilutes academic integrity and threatens academic freedom. India’s goal of becoming a global moral leader hinges on upholding rights over regulation within its institutions of higher education and research.

The current issues in India surrounding academic freedom and freedom of expression in academia highlight the need for robust protection of intellectual freedom in universities. The academic freedom index for India suggests room for improvement in safeguarding university faculty expression and campus speech rights.

As outlined in the National Education Policy, preserving academic conventions and the autonomy of academic councils is crucial for maintaining campus integrity and the quality of higher education and research in India. Regulatory bodies like the University Grants Commission must balance oversight with respect for constitutional values and institutional autonomy, ensuring academic freedom remains a cornerstone of India’s educational policies.

Ultimately, fostering an environment of open inquiry, diverse perspectives, and protection from political interference or academic censorship is essential for Indian universities to thrive as centers of knowledge creation and dissemination. This requires ongoing vigilance against threats to academic liberty, whether from external pressures or internal policies that could stifle freedom of thought and expression on campuses. By prioritizing academic freedom and addressing funding challenges, India can enhance its higher education system and contribute more effectively to global research and innovation, while also addressing the broader national issues and current political situation in India.

Source: TH

Mains Practice Question

Discuss the significance of constitutionally protected speech within academic institutions. Evaluate the challenges and constitutional safeguards available to protect freedom of expression and academic freedom in Indian universities.