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This story is from December 5, 2019

Devise ‘reform plan’ for delinquent students, HC directs BHU and AMU

The court issued the directions while quashing the BHU’s suspension order against Anant Narayan Mishra, a student penalised for allegedly assaulting an assistant professor of sociology department on January 28 this year.
Devise ‘reform plan’ for delinquent students, HC directs BHU and AMU
Allahabad HC (File image)
ALLAHABAD: The Allahabad high court has directed Banaras Hindu University (BHU) and Aligarh Muslim University (AMU) to come up with a “reform, self-development and rehabilitation” programme for students facing disciplinary action for misconduct.
“The ordinances providing for punishment for deviant conduct need to be duly supported by a legal framework for structured reform, self-development and rehabilitation programme.
This environment will accord social recognition to the need for reform of delinquent students. The degrading effect of punishment will be ameliorated. Dialogue will end isolation, reform will reinstate self-worth and education will enhance self-esteem,” the 67-page judgment said.
The court issued the directions while quashing the BHU’s suspension order against Anant Narayan Mishra, a student penalised for allegedly assaulting an assistant professor of sociology department on January 28 this year.
Justice Bhanot found the suspension order too severe but made it clear that the inquiry against the student, who is also named in an FIR, will continue. “The law shall take its course, unhindered by any observation made in this judgment,” he said.
A group of students had assaulted the professor for allegedly making objectionable comments on social media against women students. While the professor was booked by Varanasi’s Lanka police for criminal intimidation, stalking and intent to outrage modesty, he had filed a counter FIR against the students for assault, criminal conspiracy and other allegations under sections of SC/ST Act.
In his judgment, Justice Bhanot observed: “Structured reform, self-development and rehabilitation programme and therapeutic support, within a legal framework, will create an enabling environment in the universities, to realize the fundamental rights of human dignity, flowing from Article 21 of the Constitution of India (right to life and personal liberty).”

Justice Bhanot also directed the secretary of human resources development, Government of India, and the University Grants Commission (UGC) to provide necessary aid and support to these universities.
Further, the exercise shall be completed preferably within six months, but not later than 12 months.
According to Rizwan Ali Akhtar, who is representing UGC in the matter, which is respondent in the present Anant Narayan Mishra case, there were several petitions raising almost the same issue relating to delinquent students. In some cases, the matter related to BHU and in some, it was to AMU. So they were taken up together by the court. Since the matter was common, the court gave passed directives to both BHU and AMU.
During the course of hearing of these matters, the counsel for AMU Shashank Shekher Singh submitted that the AMU fully accepts the idea of a reform and rehabilitation programme for delinquent students on an institutional basis. He also contends that no compromise with the good order, discipline, and the stability of the academic atmosphere can be made in any manner.
Hence while passing the directives to AMU, the court observed, “The AMU has thus in principle, recognized the need for a reform and rehabilitation programme for delinquent students in some areas in the university. The AMU too has accorded top priority, to the maintenance of discipline in the campus, and is rightly unwilling to compromise with the same.
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