Universities cannot curb peaceful protest over ideological differences, says Delhi HC

The Delhi High Court has held that universities cannot restrict peaceful protest merely because the views of the students do not align with the management’s ideology, Bar and Bench reported on Tuesday.

The court made the observation while setting aside the expulsion of a student from Dr BR Ambedkar University. The punishment was “highly disproportionate” and unsustainable in law, it added.

In the March 13 order, Justice Jasmeet Singh allowed the student’s petition challenging allegedly disciplinary orders issued against her in June and August.

“A university that accepts only obedience and discourages protests and criticism would fail in its broader educational role,” the judge said. “The role of the university is not to suppress every form of dissent, but to ensure that such expression is answered and catered to.”

Singh said that a university is not only a place for attending classes, but also a space where students “are expected to learn and inculcate independent thought processes, ability to ask questions and engage in critical thinking”.

The court observed that peaceful protest and non-violent dissent form a natural part of such an environment, Live Law reported. Protests when carried out without violence or serious disruption, cannot be treated as misconduct, it added.

“On the contrary, it reflects the very spirit of freedom to engage in discourse and discussions that a...

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