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By Protik Da
First published on October 13, 2012.
A few stray thoughts from an alumnus of one of the most laid back places from where you can graduate in law. (University College of Law, University of Calcutta, Hazra Campus, as it used to be before they made it into a department).
Background reading here.
1. 5 years LLB is a post graduate degree, ultimately.
You attend a college for this, regardless of whether you follow the Western system and call it a law-school or not. College/University is where they knock out the hidebound traditions that school imposes on you.
2. In a college you experiment because it is that stage in your life where you must lose and find yourself.
Within some very loose limits (we call them legality) you have to explore your personality.
Wearing what you want (even if it is a black three-piece suit of clothes, which I used to wear in my student days, to acclimatize myself with the uniform I would have to wear the rest of my life) is a right that cannot be taken away from college students. So long as you do wear something that is!
3. Freedom of speech is one of the most cherished rights that democracy gives us. It is not just a fundamental right, it is what makes us free.
If today you criticize Lawctopus for calling a draconian measure “Taliban-like” are you not policing words which are not obscene but operate as a shorthand for a huge concept?
As loyal students of a University you may express your grievance with the word, but to ask for its removal or rephrasing, you must give a lawful reason.
Is it defamatory? Does it incite violence or is it subversive to the extent that it interferes with public law and order? Is it opposed to public morality or does it compromise national sovereignty or religious feelings?
4. If a site for law students run by law students does not take up cudgels for law students, who will? Arvind Kejriwal? (that was sarcastic, not serious).
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Concrete measures to stop university authorities from becoming pocket dictators:
a. Challenge any law that establishes them as ultra vires because it prohibits not merely restricts, and/or unreasonably restricts the freedom to form associations for students (who are major).
The vires of the statute have to be expressly challenged.
b. Write anonymous letters to the newspapers and websites that lawyers and law students and recruiters read complaining of the atrocities.
c. Complain in large numbers to the State Human Rights Commission.
d. Have class action/representative action litigation (including PIL if you are afraid to put your own name on it) filed in the High Court of the relevant state, complaining of denial of civic and political rights.
e. If there is a body (even if sponsored or heavily controlled by the authorities) where there is student representation, ensure that whoever serves on it from the student body speaks for you and not at you.
In other words, even the “snitch” will have to spend the majority of his time in a hostel or with the other students in class. He must be made to understand that his loyalties lie with his fellows nor the teachers.
f. Listen to Another Brick in the Wall–Part II many times consecutively.
I am aghast, Yours Truly. If you are serious about this, and if you are prepared to assist us on this, would you, confidentially of course, mail me the information about this ‘varsity? I promise to treat your disclosures as a whistleblower as confidential information and neither your electronic mail address nor the information disclosed without your express consent by electronic mail.
My e-mail address is:
protik.1969@gmail.com.
Whatever I will do, I will do in my official capacity.
Luv
well, after reading all the comments on this article and the one about the “talibanisation”, I could not help but smirk humourlessly. I study in a National Law University where uniform is compulsory (on ALL days!!) and staying back in the hostel during class hours is simply unbearable- not just because of the power cut (power supply to main academic block is ensured at all times) but also due to uncooperative hostel staff who do not speak any language apart from the regional one(If you thought you could survive in this country by knowing Hindi and English, you are thoroughly mistaken). The wifi of the university is heavily monitored. All entertainment, video, music websites are completely blocked.
And like this was not enough, many other issues regarding the Hostel and Mess administration (like foreign objects routinely turning up in curries and non veg food mixed with veg stuff, providing wifi for 3-4 hours instead of the 24 hours boasted about in the CLAT brochure) is simply ignored by the main administration. When issues like this are raised, they simply deflect it all by blaming the students for everything, specially the students who come from outside the state. Sooner or later, the person who spearheaded the complaint will be targeted for ‘overuse’ or ‘unauthorised use’ of the wifi, fined heavily for not returning the library books on time or some other indirect form of persecution which seems innocuous at the surface.
You all talk of wearing shorts and chappals to class, I am sorry, but it is too superficial and frivolous for me to relate. At least Lawctopus is standing up for RGNULites, but here, anyone who raises her voice is on her own. So cheer up, RGNULites! It could have been worse for you…
do email us at tanujkalia90@gmail.com
we’d love to take up your issues too
Dear Administrator (Author):
Thank you for the ‘definition’ provided. However, I would offer that this is not any sort of authoritative statement of meaning, but simply that which constitutes your view of the term. Others may hold a different understanding of what it conveys.
Insofar as my completely missing the “legal” point, may I just say, that as law students (or, I’m sure, as lawyers), we are constantly in danger of falling prey to a legal-tunnel-vision syndrome. The fact is, that the law doesnt live in isolation from other things, for example, public opinion. All I have suggested is that perhaps the terminology used, is a bit too lurid. It is an opinion that is possibly shared by others, thereby reducing the total effectiveness of your arguments. And you are missing the fact that I feel that your agitation in favour of the demands of some students that these dress limitations be removed is completely justified!
PPB: I think your post on the message above completely tallies with my point. The Taliban, per your own suggestions above, is an organisation that spreads its viewpoint through the barrel of the gun, or the point of the sword. The communist party uses bombs and murder. The various fanatic orgs also use similar tactics. Can you imagine the professors of NUJS using such tactics against students if they defy their diktat? I appreciate that the Taleban reference is metaphorical. I appreciate its intent. My only point was, that if it detracts from a good cause, maybe it should go.
Sorry for taking up you guys time over what is essentially a fight in which I have no dog. Im an experienced professional, studying Law at Delhi University because I enjoy it.
I hope the issue gets resolved soon. Frankly, (I’ve been to Punjab plenty of times), I cant imagine having to go to class in a uniform during May or August or September. Shorts would probably be the best way to go in the oppressive heat of the day. Indeed, being that the Univ is located in the Punjab, possibly reference should be made to the five K’s of Sikhism enunciated by Guru Gobind Singh. #4 on that list is the Kacchera… which is to say, SHORTS! Surely they knew what sort of attire is suitable for their climate. 🙂
Hi Prakash,
The definition of ‘Talibanisation’ is based on how media nowadays uses the term: see here, for example http://www.dnaindia.com/pune/report_its-the-talibanisation-of-pune-party-goers_1738414
Dear Prakash, your point on the score of good taste makes sense. However Taliban is not a murderous group per se. It is a group actuated and inspired by a literal and fundamentalist version of an otherwise rich religion and this group tries to impose its world view on everyone within its ambit, with force and violence if necessary. It therefore purveys ideals (of a sort) through the barrel of a gun, the blade of a sword and the right that might brings. In that way, it is very much like Maoists or some other outfits in India owing allegiance to both Hindu and Muslim denominations, whose basic aim is to stifle freedom of expression and create a uniform, homogeneous mindset of all whom they control. Typical communist organizations are also like this. If the university authorities were called “Dictatorial” or “Reactionary” would you have minded?
I think one need not necessarily, I quote, “give a lawful reason. Is it defamatory? Does it incite violence or is it subversive to the extent that it interferes with public law and order? Is it opposed to public morality or does it compromise national sovereignty or religious feelings”.
A thing need only be in poor taste for people to request its removal.
Furthermore, to term an Indian University “Taleban-like”, is simply to be intellectually dishonest. Where does the comparison lie? The Taliban is a murderous militant group, completely comfortable with using killings, maimings and other and brutal punishments to enforce their line of thinking. I dont see how the administration of the University has resorted to any such action. There is no more sense in such a blurting out of ill formed ideas than there is in those of the fine fellows who go about comparing a certain Indian chief minister to Hitler.
These odious comparisons do little to actualise the (in my opinion, justified) wish of some students to see dress code regulations lifted. Rather, they detract attention and sap energy from the perfectly sane line of reasoning that such restrictions are unwarranted in the liberal atmosphere of a place of higher learning. Sloganeering is not the answer to everything. Sober, well thought out action is.
Just my thoughts. Full disclosure: I am NOT a student of ANY national law university, nor does my university insist upon any particular dress code. Indeed, I have frequently attended class in my pyjamas.
Taliban-like means: oppressive, paternalistic, authoritarian, high-handed; that which is not accommodative and is repressive of the ‘other’ views.
And as a website, we cannot ‘act’ physically inside the university. The best action we can take is to write, and write forcefully.
And you’ve totally missed the ‘legal’ point.