Mumbai: ‘Don’t use model code to strip students of rights’

Two days after the Tata Institute of Social Sciences (TISS) issued a directive prohibiting faculty and students from organising or participating in demonstrations within and in front of the gates of its campuses, six of the institute's student bodies issued a joint statement demanding the revocation of the "unconstitutional" circular. The circular has been denounced as undemocratic and dictatorial, as it bans all meetings and demonstrations on campus under the guise of the Model Code of Conduct (MCC).

The statement issued by Adivasi Students' Forum, Ambedkarite Students' Association, Fraternity, Muslim Students' Forum, Northeast Students' Forum and Progressive Students' Forum reads: "In yet another attempt to stifle free speech and curb the participation of students of TISS in activities guaranteed under the Constitution, the TISS administration released a circular dated April 24, 2024, in which it announced a strict prohibition of numerous democratic activities and events. In a list which the Institute claims to be "only illustrative and not exhaustive", the administration has gone on to ban not just protests and demonstrations of any kind but also organising of online activities like seminars, workshops, petitions, and solidarity meets, among others."

The Tata Institute of Social Sciences campus at Deonar in Chembur. File pic/Ashish Raje

‘Circular unjustifiable'

The statement further states: "All these prohibitions are coming under the garb of the MCC implemented by the Election Commission of India for the Lok Sabha elections. The MCC governs the conduct of political parties and candidates during the elections. Therefore, it cannot be just used to strip away the democratic rights of students, who as citizens of the country have fundamental rights under the Indian Constitution to free speech and expression, assembly and association. While the MCC came into force with the announcement of elections on March 16, 2024, the TISS administration is using that as an excuse to put a blanket curb on student activities on the campus after over a month. The prohibitions are put across all four campuses of TISS which are part of three different states. Releasing this notice in the middle of the voting period is illogical, as all these campuses are in different phases of elections. The circular is not only unconstitutional but also attempts to stop all kinds of student activities and meetings on the excuse of the Lok Sabha elections."

‘Ambiguity red-flagged'

Through the joint statement, the students have alleged the broad and ambiguous wording used in the circular leaves it to the discretion of the institute as to what issues it considers political, and that the administration could use the circular to even stop all welfare activities of by students. "This is when various student organisations conduct online orientations and classes for aspirants who wish to join the Institute. With an unclear purview of the prohibitions, the administration might even consider such important student initiatives as unjustifiable and take action against them. Most aspirants joining such activities come from marginalised backgrounds, and the help they receive in such orientations helps them secure admission into the institute," the statement reads.

The April 24 circular

The organisations also mentioned that such prohibition orders were unprecedented. "Never during the previous general or state Assembly elections has such a circular been released by TISS. The MCC nowhere provides that citizens or students be prohibited from their activities during the election period, even on their direct engagement on political issues. In fact, the election period is the most vibrant time for citizens to engage in social and political issues to communicate their aspirations. Be that as it may, even otherwise this move is in clear violation of constitutional principles," the statement read.

"The fact that this is being done by an institute of higher learning like TISS - which itself espouses social and political issues - is unfortunate and must not be allowed in a democracy. Keeping these issues in mind, we students of TISS, demand that the TISS administration not restrict students' activities on campus and immediately revoke this unconstitutional circular."