People's Democracy(Weekly Organ of the Communist Party of India (Marxist) |
Vol.
XXIX
No. 20 May 15, 2005 |
Rajasthan
HC Judgement
Following
statement was issued by the central executive committee of the Students’
Federation of India (SFI) on May 9
THE
central executive committee of the Students’ Federation of India (SFI) is
disappointed with the recent judgement of the Rajasthan high court on the
student union elections. It is a highly deplorable judgement and is against the
basic rights sanctioned by the Constitution of our country under Article 19. We
demand the governments to bring in necessary legislations to protect the
constitutionally provided rights of the students as citizens of this country.
The
high court has stated that the primary objective of the students in an education
institute is to study, on which nobody can have any second opinion. To curtail
democratic rights in the name of protecting academic atmosphere is looking at
these two things as mutually contradictory. This is far from true, as curtailing
democratic rights cannot ensure healthy academic atmosphere. It is only in a
democratic environment that excellence in academics and all round growth of an
individual can be ensured. Moreover, students who are studying in colleges and
universities will be facing a moral dilemma as they have the right to decide the
future of the country by electing its rulers but this judgement deprives them of
this very right in the campuses.
The
high court ruled that since student union elections are marred with violence, it
is better to do away with them. This idea unfortunately tries to generalise the
happenings in a few campuses and also fails to identify the real reason for this
violence. Even more, it is like burning a house because of the menace of rats
instead of killing the rats. The logical conclusions derived from this argument
would be doing away with elections in the society at large because of the
violence associated with elections these days. Any democratic minded individual
will certainly scoff at such a suggestion and rightly so. Thus to spell these
sort of arguments against student union elections is completely irrational and
unjustified. Practical experience of student union elections, held regularly in
many reputed universities and institutes, shows that violence is totally absent
in those institutes where real democracy exists.
The
Constitution of our country guarantees all the citizens the right to associate
and also the right to express dissent. So any judgement that tries to do away
with student unions and students’ right to organise and protest is
anti-Constitution. Unfortunately under the influence of neo-liberal economic
policies the democratic space is getting constrained day-by-day. Courts that
were once looked upon as custodians of citizens’ rights and justice are also
influenced by these policies and are thus delivering judgements that are
clipping the democratic rights of our people.
The
CEC of SFI has decided to organise round table meetings involving all the
democratic minded people in the judiciary, legal profession, academicians,
intellectuals, former and present student leaders and leaders of political
parties to mobilise public opinion for the democratic rights of the students.
Immediately after the commencement of the next academic year SFI will mobilise
students in big numbers and organise demonstrations for the protection of
democratic rights. SFI will also appeal to all speakers of the legislatures to
legislate for the protection of students’ democratic rights.
The CEC also demanded the union government to stand by its promise for the enactment of a central legislation for the control of unaided professional colleges. If the government fails to keep up its promise it will have to face the anger of the students in a much bigger way. We have decided to remind the government of its promise by sending more than 10 lakh post cards to the HRD minister. This will be followed by intense struggles. So the government will have none other than itself to blame if the situation gets out of hand.