The brutal violence against foreign students offering namaz in the Gujarat University premises is yet another reflection of the condemnable deterioration that Indian society has gone through in recent years. More importantly, it reflects the weaknesses and failure of the state administration in maintaining law-and-order and upholding the core principles of freedom, justice, fraternity and tolerance enshrined in the Indian Constitution. Furthermore, it reveals a true picture of the moral decline witnessed by higher education institutions in the country, many of which serve as parallel spaces for mushrooming of politically backed goons, besides the original purpose of promoting research and academic thought.
In the first place, the incident is a brazen attack on the body and spirit of the Indian Constitution. Article 25 of the Constitution entails that all persons—citizens as well as non-citizens—are equally entitled to freedom of conscience and the right to freely profess, practice and propagate religion. Of course, these rights are subject to public order, morality, health and other provisions relating to fundamental rights. In the case in question, none of these restrictions apply. Since Article 25 comes under Part III of the Indian Constitution, which enlists fundamental rights, it would appear that it was the duty of the state High Court to intervene in the matter. On the contrary, the Gujarat High Court refused to take suo motu cognisance of the matter, asserting that “everything happening in this city cannot be considered under PIL jurisdiction”. The court, it seems, failed to comprehend that the incident was a brazen violation of fundamental rights. It also overlooked the fact that the issue can have repercussions on the global stage as well, and affect India’s relations with friendly nations.
The division bench of Chief Justice Sunita Agarwal and Justice Aniruddha Mayee decided to avoid intervention despite the appeal highlighting that the police has not invoked several important and serious provisions in its First Information Report. In doing so, the court might be failing to prevent the foreign students from state action (or inaction). What is even more baffling is the statement made by Vice-Chancellor Neerja Gupta. She is learnt to have asserted that the foreign students should be “mentored” in a way that they “know about the local society, customs, and prevalent emotions… so that they can remain safe”. More specifically, she emphasised upon “cultural sensitisation” of foreign students in view of the sentiments of the “vegetarian society” in the state. This approach disturbingly overlooks the fact that every individual, regardless of their background, has the right to practice their religion freely and without fear of violence. The lack of empathy and accountability displayed by both the authorities and certain members of the academic community is alarming. Instead of addressing the underlying issues of intolerance and bigotry, there seems to be a tendency to sweep such incidents under the rug or deflect blame onto the victims themselves.
It's imperative that universities take concrete steps to ensure the safety and well-being of all their students, regardless of their nationality or religious beliefs. This includes implementing robust security measures, creating a culture of inclusivity and respect, and providing support services for students who have experienced trauma. It can be said that the incident is a symptom of larger socio-political problems that need to be addressed urgently. Failure to do so not only jeopardises the safety of foreign students but also tarnishes India's reputation as a welcoming and tolerant nation on the global stage.