Panjab University's contentious affidavit kicks up a storm

Panjab University (PU) in Chandigarh has found itself in the eye of the storm over an affidavit asking freshers to declare that they will not hold any protest without the permission of the university administration and keep their decibel levels within permissible limits to avoid “noise pollution”, among other things. The affidavit also states that violating any of the clauses will result in debarment from exams, possible cancellation of admission, and a ban on entering university premises.

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The matter has taken on a political hue, with leaders from the Congress, Aam Aadmi Party (AAP) and even the Bharatiya Janata Party (BJP), who are former students of PU – speaking out against the move, which they say violates the constitutional rights of students and is against the democratic ethos. PU, one of the oldest universities in the country, has a rich history of student politics, with many leaders from various political parties starting their political careers as student leaders here.

Writ petition filed in court

The contentious affidaviṭ, which is part of the Handbook of Information, has sparked widespread uproar within the student community, resulting in continuous protests on campus over the past week or so. Effigies were burnt, the affidavit printed out on toilet paper as a mark of protest, and two students even wrote to the Punjab & Haryana High Court Chief Justice Sheel Nagu seeking suo moto action against the move. In the latest move, Former PUCSC (Panjab University Campus Students’ Council) Vice-President Akshit Garg from the National Students’ Union of India (NSUI) has filed a writ petition in the Punjab & Haryana Court calling the affidavit “illegal and unconstitutional”.

In his petition, Garg said the affidavit “curtails students’ rights to freedom of speech and expression under Article 19 (1)(a); the Right to freely assemble, organise and carry out peaceful protests under Article 19 (1)(b); and their right to seek admission in a university without waiving their fundamental rights and without sacrificing their right to live with dignity under Article 21”.

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“The impugned condition to furnish the said affidavit has no rational nexus to any object sought to be achieved by a university, which should be to ensure that students learn and grow into politically mature citizens with a sense of civic responsibility. Moreover, since the Affidavit has the effect of crushing student democracy and impeding free and fair student politics, it also has the potential to injure the overall democratic ethos of the country,” the petition reads. The matter will be heard on July 7.

11 clauses in affidavit

The affidavit/undertaking to be signed by freshers has 11 clauses in total. Clause 1 states that students need to “seek prior permission from the concerned authority of the University” for organising any protest. Clause 4 states that “while raising slogans during demonstrations, etc.”, students would not create noise pollution and would follow the decibel standards prescribed by the administration, municipal corporation, police or any other prescribed authority”.

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The direst of these is Clause 11 which stipulates that anyone “found to be violating any condition” or “wilfully participating in any act/demonstration/dharna/rally etc. by any student union or organisation which is in violation of any of the above conditions, the Panjab University would be free and competent to debar” the student from appearing in exams. It states that “on repeating the violation”, admission “shall be liable to be cancelled”, on further violation PU will ban “entry in any of the campuses under the control of the Panjab University”, “derecognize” the student and be “ineligible to contest or participate in any election” of the university.

‘Condemnable, unconstitutional’

Chaman Lal, Former Dean of Faculty of Languages at PU, said the move was “condemnable” and “should be taken back immediately”. Lal is also a former member of the university’s Senate – the highest governing and policy-making body of the university.

“Panjab University has always been a progressive space and has a rich history of student politics. In terms of democratic values, it has been akin to JNU (Jawaharlal Nehru University). But the current administration is completely hell bent on destroying the university,” he told The Federal.

Divyansh Thakur, a former presidential candidate for the PUCSC, who led the toilet paper protest against the affidavit, said the move was “unconstitutional”. “It violates the basic rights of students to protest and stifles democracy in a campus that has always been known for its vibrant student politics,” he said.

Garg, who has filed the petition, said it should not be seen as a random move by the administration but as a larger pattern of the BJP stifling dissent. “They have been going after all opposition voices by unleashing agencies like the ED against them. Students are the only ones who have been continuously raising their voice against the BJP, so they want to silence us. If we don’t speak up now, this will be implemented in other universities as well,” he said.

Political leaders react

Several political leaders – including those from the BJP – have also voiced their opposition, some in writing. AAP MP from Sangrur, Gurmeet Singh Meet Hayer, and BJP MP Rajiv Pratap Rudy wrote to Vice-President Jagdeep Dhankhar, who is the Chancellor of the university.

Hayer, former minister of higher education of Punjab, said the affidavit was “a direct attack on the fundamental rights” of students.

“This decision is unacceptable at any cost. It is not only an assault on the democratic rights of students but also reflects an authoritarian mindset. Our Constitution guarantees us the fundamental right to protest, and this new decision is a blatant violation of that right. In the past, students at Panjab University have successfully reversed anti-student decisions through peaceful protests. Now, they are being stripped of that very right… Panjab University has given this country many distinguished political leaders, but such decisions threaten to damage this proud legacy,” he wrote in his letter.

Rudy, who was the PUCSC General Secretary in 1984, expressed “deep concern” over clauses which he said were “highly objectionable”, and “not only illogical but potentially unconstitutional”.

“They undermine the very spirit of academic freedom and democratic engagement that a university should foster. More than administrative control, universities require a culture of trust, open communication, and mutual respect between students and the administration. Panjab University has always been known for its vibrant student life and academic excellence. Let us not stifle that spirit with rules that evoke a sense of fundamental military-like discipline rather than democratic discourse,” he wrote on July 1.

‘Unreasonable restrictions’

Former Chandigarh Mayor Davesh Moudgil, who is also from the BJP and is an ex-Senate member of PU, wrote to the Vice-Chancellor saying the affidavit places “unreasonable restrictions on students constitutional rights and undermines the democratic values that Panjab University has long upheld”.

“By prohibiting peaceful protests and threatening disciplinary action without due process, the affidavit violates Articles 19(1)(a) and 19(1)(b) of the Constitution, which guarantee freedom of expression and peaceful assembly. Such terms discourage dialogue and suppress student voices. This is totally wrong because student dialogue is essential to a healthy academic environment…If no action is taken, I will be compelled to raise this issue with the Honourable Vice President of India, who is also the Chancellor of Panjab University, and pursue further legal and public action,” he wrote on June 29.

The Federal also spoke to political leaders who are alumni of PU. They said such a move was unheard of and had no place on a university campus.

Pawan Bansal terms it ‘draconian’

Former Union Minister and Congress leader Pawan Bansal, who was a law student at PU and a member of the PUCSU in 1970-71, said such a move was “unheard of”. “Never was such a draconian thing imposed like this. It is strangling democracy. University spaces are supposed to be a nursery of democratic values. PU seems to be changing its course; from a liberal ideology, it’s now following the governance model of the BJP,” he told The Federal.

Congress MP Manish Tewari was the National President of the NSUI from 1988-93. During his BA at PU, elections were banned, but he played an active role in student politics. His association is also through his late father, who taught at the university. Terming the affidavit “unconstitutional”, he said, “It is in contravention of Article 19 (1)(b) of the Indian Constitution, which guarantees the fundamental right to assemble peacefully. Implicit in that is the right to protest. The centrality of dissent is a sine qua non for keeping democracy alive.”

Ex-BJP MP and Additional Solicitor General of India Satya Pal Jain said he was “surprised and shocked” to know of the move through media reports.

“I was the general secretary of the students’ council in 1974-75 when I was detained from campus during the Emergency. I was the senior-most member of the Senate for 11 terms, that is 44 years, till the Senate’s term expired in November last year. A new one has not been constituted. I’m not able to understand the logic behind it (the affidavit). I feel that such controversies could have been and should have been avoided,” he told The Federal.

According to a report in Times of India, PU Vice-Chancellor Renu Vig said the affidavit would be revised.

“The idea was never to curb expression but to ensure that academic activities are not disrupted. Some form of deterrence is necessary in any institution,” Vig was quoted as saying.