Stop being campus bullies: Not legal to ban student gatherings, as AIIMS Rishikesh is trying
What is a social gathering?
The Dean of Students Welfare, All India Institute of Medical Sciences, Rishikesh has issued the following notice:
In my opinion, this notice violates Article 19(1)(b) of the Constitution of India which gives every citizen the right to assemble peaceably and without arms.
Of course Article 19(2) permits the state to make laws placing reasonable restrictions on this right in the interest of the sovereignty and integrity of India or to maintain public order. But it is well settled that the burden is on the state to show how a restriction on a right in Article 19 is reasonable.
One could understand a restriction on social gatherings if there was a threat to public order by such gathering. But the notice of the Dean, Students Welfare forbids all social gatherings, threat or no threat.
Also, the words 'social gathering' are vague. The Collins Dictionary defines 'social gathering' as 'a gathering to promote social companionship' — but it is not understandable what the Dean meant by the expression.
Freedom of assembly has been mentioned in Article 20 of the Universal Declaration of Human Rights and Article 21 of the International Covenant on Civil and Political Rights. It is also mentioned in the First Amendment to the US Constitution.
In Himatlal Shah vs Debu, Commissioner of Police, Ahmedabad, the Supreme Court declared a rule requiring permission from the police for holding an assembly as violative of Article 19(1)(b) of the Constitution "
In the recent decision of the Indian Supreme Court in Mazdoor Kisan Shakti Sangathan vs Union of India, the Court set aside the total ban on gatherings, demonstrations and processions around the Jantar Mantar and Boat Club areas of Delhi imposed by the National Green Tribunal, holding it to be violative of Article 19(1)(b) of the Constitution.
However, the Court held that guidelines could be framed by the Delhi police for ensuring maintenance of public order and avoiding harrassment to the public.
In my opinion, the notice of the Dean, Student Welfare is clearly illegal. It turns the campus of AIIMS Rishikesh into a virtual concentration camp, and amounts to a declaration of emergency therein.
The notice should be challenged in Court.