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Kerala
By Our Special Correspondent
Commenting on the recent judgment of the Kerala High Court, Mr. Iyer pointed out that there were two parts to the same. The first part dealt with the minimum attendance required to appear for the examinations. Admittedly, the petitioner student fell short of the number of days required by way of attendance. So he was disqualified, according to the court. The plea of the student that he was engaged in student union activities was dismissed because there was no provision in the rules granting exemption for absence on account of union activities. No question of politics arises here. Casual observations are not binding, Mr. Iyer pointed out. The only other point raised, as to whether clause nine of the College Rules disallowing political activism and strikes on the campus is valid or not, as violating the Constituition vis a vis freedom of speech and association. The court held that Rule 9 was not invalid because disallowing political activism and strike on the college campus was not an unreasonable restriction. The court has not said anything about what is political activism and has left the subject vague. Is teaching Veer Savarkar's life or Karl Marx political activism? Is teaching Mahatma Gandhi's `do or die' speech or Nehru's lecture on socialism political activism? Is campaigning for Gandhiji's Swadeshi or Rajaji's Swarajya or opposing multinational corporations' economy political activism? Is a campaign for gender votes political activism? The court has not discussed these issues. Are the great speeches in parliament made against the U.S. imperialism, if taught in classes, political activism? Every citizen who is 18 years old has the fundamental right to learn, express and be informed about political matters, as he has a right to vote. But a campaign in the campus may lead to conflict, violence, rivalry and hostility. This is a question of degree. Anyway, no law has been made by the State (nor rule) prohibiting political activism in colleges. Therefore, there is no bar unless the college calendar specifically prevents political activism on the campus. The question arises what is political activism. That is not defined, and is left vague. "What is vague is unreasonable and bad in law," he said adding that the court had not discussed this point.
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