University can't restrict peaceful expression of ideas that don't align with management's ideology: Delhi High Court

Delhi High Court rules universities cannot restrict peaceful expression of dissent, emphasizing the importance of independent thought and discourse.

The Delhi High Court has revoked the suspension of a student of Dr. B.R. Ambedkar University over alleged participation in a protest, observing that speech and peaceful expression of ideas cannot be restricted merely because they do not align with the ideology of the management.

Justice Jasmeet Singh emphasised that a university must create an atmosphere where students feel free to participate in discussions on academic or public issues, and peaceful protests and non-violent dissent are a natural part of such an environment.

Justice Singh said a university that accepts only obedience fails in its broader educational role as it is not just a place where students attend classes and complete courses but also where they are expected to learn and inculcate independent thought processes, the ability to ask questions, and engage in critical thinking.

"A school/university is an instrumentality of the State and carries out an indispensable public function, that is, shaping the makers of tomorrow. The University cannot restrict speech and peaceful expression of ideas, merely because the views expressed by a group of students do not align with the ideology of the management," said the court in an order passed on March 13.

"When students express disagreement in a peaceful and orderly manner, without violence or serious disruption, such conduct cannot be treated as something outside the scope of holistic development. On the contrary, it reflects the very spirit of freedom to engage in discourse and discussions that a university is expected to encourage," the court stated.

It said a university's role is not to suppress every form of dissent but to ensure that such expression is answered and catered to.