By Nishtha Aggarwal

Abstract

This article explores the nuanced landscape of academic freedom within Indian educational institutions, offering insights into its historical context, present challenges, and potential trajectories. Against the backdrop of India’s diverse education system and historical evolution, this cornerstone of intellectual exploration has navigated a journey from colonial subjugation to post-independence autonomy. The article critically examines the legal framework that underpins academic freedom, highlighting the complex interplay between constitutional rights and reasonable restrictions. It dissects contemporary challenges, particularly the encroachments on academic autonomy and the erosion of free expression, catalyzed by recent political shifts.

Academic freedom, a cornerstone of robust intellectual exploration and democratic societies, plays a pivotal role in the educational landscape of India. With its rich history and diverse education system, India’s institutions have navigated through periods of colonial oversight to post-independence autonomy, leaving distinct imprints on the notion of academic freedom. The vitality of this academic freedom in contemporary India has recently come into question due to the unfortunate series of events at Ashoka University that led to the resignation of two of its sharpest economic minds, Sabyasachi Das and Pulapre Balakrishnan. This article critically examines the evolution of academic freedom within Indian educational institutions, shedding light on its historical context, existing challenges, and potential future directions. In an era of rapid change and globalization, the discourse on academic freedom gains renewed significance, influencing not only individual learning but also contributing to the broader progress of the nation.

Historical Context

The evolution of academic freedom in Indian educational institutions is deeply intertwined with the nation’s historical journey. During the colonial era, academic freedom faced stringent challenges as institutions fell under the dominion of foreign rulers. Censorship and control marred the free exchange of ideas, curbing the spirit of inquiry and critical thinking. The post-independence era, however, heralded a significant shift. As India reclaimed its autonomy, a newfound emphasis on academic freedom emerged. Educational institutions gradually shook off the shackles of colonial influence, fostering an environment conducive to free expression and independent research. This transition marked a pivotal moment, catalyzing a transformation from controlled learning to an atmosphere where diverse perspectives could flourish. Understanding this historical trajectory provides vital insights into the contemporary landscape of academic freedom in Indian education. 

Legal Framework of Academic Freedom in India

The concept of academic freedom in Indian educational institutions is underpinned by legal and constitutional principles. As jurist A.G. Noorani points out, universities, as creatures of statute, fall within the definition of ‘the state’ in Article 12 of the Constitution. Therefore, the entire chapter on fundamental rights applies to them. Article 19(1)(a) guarantees freedom of speech and expression to all citizens, while Article 19(1)(g) ensures the right to practice professions and occupations. However, these rights are subject to reasonable restrictions outlined in the Constitution itself, such as considerations of sovereignty, integrity, security, public order, and morality.

The Supreme Court has denounced the heckler’s veto, emphasizing that maintaining law and order is the authorities’ responsibility. Yet, issues persist due to laws like Section 124A (sedition) and Section 295A (hurting religious sentiments). Instances, where universities restrict public meetings or discussions on ‘controversial’ matters, clash with the right to free speech upheld by the Court. However, legal recourse is hindered by factors like a debilitated judiciary and the misuse of sedition and anti-terror laws. Thus, academic freedom in India is grounded in legal frameworks, yet challenges persist due to the misuse of certain laws and limitations in implementing international conventions.

Current Landscape of Academic Freedom

When it comes to the current state of academic freedom in India, Since independence (1947), there have been a number of structural issues with academic freedom, particularly during the Emergency (1975–77). However, since the Bharatiya Janata Party (BJP) took office in 2014 under Prime Minister Narendra Modi, academic freedom and academics have come under unprecedented attack. The substantial drop in India’s ranking in the Academic Freedom Index accurately reflects this. A recent paper by Niraja Gopal Jayal makes similar claims, stating how governmental control over universities has just recently become more pronounced, with major repercussions for academic freedom. The recent attack on academic freedom has a broad scope and depth, ranging from the politicization of appointments for university presidents and even for faculty positions at all levels to restrictions on the freedom to teach, conduct research, and disseminate knowledge both within and outside of the academic community, as well as from threats to campus integrity posed by vigilante intimidation and violence directed at students and teachers. The already meagre institutional autonomy and lack of legal protections for academic freedom have made all of this possible.

Challenges and Controversies

Looking at the current state of academic freedom in India raises questions about the challenges and controversies that academic freedom faces in India. Growing restrictions to academic freedom are manifested in various ways throughout the country. The limitations on institutional autonomy affect a variety of areas, including the selection of vice-chancellors or other university administrators, teachers, students, and other aspects of the university. Some of these are institutional limitations that date back to the colonial era, such as the appointment of university leaders. 

The UGC, or the University Grants Commission, has also undergone several changes over the years. It is primarily in charge of allocating finances to central universities and a limited number of other institutions, as well as controlling fees, selecting faculty members, and establishing certain standards of instruction. As Niraja Gopal Jayal has noted, during the past 10 or so years, the UGC “has seen a steady accretion of power and displayed a heightened propensity to function as an instrument of the [education] ministry.”, thus debarring the academic autonomy that UGC-granted institutions previously enjoyed. 

The situation is just as bad—if not worse—at state universities, where numerous state governments actively try to meddle with the autonomy of colleges and universities. For instance, as Debaditya Bhattacharya details, the West Bengal Universities and Colleges (Administration and Regulation) Act 2017 reduces teacher representation and increases the number of nominees from the state government while allowing the state governor to replace the governing body of a college with their own “administrator.” Additionally, it permits direct government supervision over matters such as service requirements, compensation, and evaluations as well as the movement of professors across colleges.

Recommendations for Improvement 

Now that we have a grasp of the current situation of academic freedom in India, we must look towards practical solutions that can help reach the optimum liberty in Indian academia that will help us reach the pinnacle of our educational system. Governments, both at the national and state levels, need to prioritize the reestablishment and enhancement of norms pertaining to institutional independence. Additionally, they should cease the practice of criminalizing educators and students, facilitate visa approvals for academic exchanges, particularly with neighbouring countries, and ensure that unrestricted internet access is available in regions like Kashmir.

Universities, on their part, should reinforce the principles of institutional autonomy and communicate the rights of academic freedom and free expression to both student and faculty unions. Employment contracts for faculty should encompass a clause safeguarding academic freedom, guaranteeing that engagement in external activities will not lead to punitive measures. Faculty members should collaborate to establish a network aimed at supporting academics, including both students and faculty, facing potential risks. At a global level, institutions can contribute by incorporating ‘Academic Freedom’ as a benchmark within university rankings. Moreover, foreign universities must refrain from inviting individuals responsible for curbing academic freedom to participate in academic seminars.

Conclusion

Academic freedom holds a crucial place in fostering a dynamic educational environment and democratic society. The historical evolution of academic freedom in India reflects its journey from colonial constraints to post-independence autonomy. However, recent incidents, exemplified by the resignation of Sabyasachi Das and Pulapre Balakrishnan from Ashoka University, underline the challenges facing academic freedom today. The legal framework, including Articles 19(1)(a) and 19(1)(g) of the Constitution, attempts to safeguard this freedom, yet misinterpretation and misuse of certain laws persist. The contemporary landscape of academic freedom faces multifaceted challenges. Governments’ interference, erosion of institutional autonomy, and the criminalization of dissenting voices hinder academic expression and growth. Universities must reassert and reinforce academic freedom, ensuring contracts protect faculty and encouraging solidarity against risks. In this critical juncture, it’s imperative that governments, universities, and global institutions collaborate to reinvigorate and safeguard academic freedom. Upholding the principles of academic freedom not only enriches education and research but also fortifies the foundations of a progressive and intellectually vibrant society.

Author’s Bio

Nishtha Aggarwal is a third-year Economics major at Ashoka University

Image Source: https://sciencefordemocracy.org/academic-freedom-and-scientific-freedom-convergence-and-divergence/