UP Government Clears A Draft Law That Prohibits “Anti-National Activities” On Private University Campuses

The UP government on Tuesday (18 June 2019) cleared a draft of “Uttar Pradesh Private Universities Ordinance, 2019”, which mandates all existing and new universities to submit an undertaking that they will not allow any “anti-national activities” on their campuses. The ordinance provides authority to the state government for action, if a university is found to be involved in any anti-national activity.

The draft enables 27 private universities to come under a single “umbrella act” so that no separate provision or act exists. In the draft bill, a provision for incorporating the development of nationalism, national integrations, secularism, ethics as well as attempts to inculcate patriotism have been included.

Calling the draft bill “a very significant decision”, UP Cabinet minister Sidharth Nath Singh said that existing universities will be given a “one year concession to adopt the provisions of the act once it comes into force”.

There are several other provisions in the ordinance that deals with the regulation of admission, fees and the appointment of teachers among other things.

“Anti-national” In The India Context

Article 31D, which was introduced by Indira Gandhi government through the 42nd Amendment Act, 1976, added the term anti-national, for the first time in the constitution.However, the term was omitted after the emergency by section two of the 43rd Amendment Act, 1978.This is the first time that the term “anti-national” has been inserted into a draft bill to regulate ground activities on university campuses.

The term “anti-national” has been used in multiple contexts throughout the history of Independent India. However, the meaning has perpetually changed depending on its use by a particular person in a particular context. Different governments and leaders in the past have tried to brand certain individual, groups or fraternity as anti-nationals.

Dr B.R. Ambedkar, on the eve of adopting the Constitution in the Constituent Assembly (November 25, 1949), used the term anti-national in the context of the caste system.

Ambedkar said that the castes are anti-national “because they bring about separation in social life. They are anti-national also because they generate jealousy and antipathy between caste and caste. But we must overcome all these difficulties if we wish to become a nation in reality. For fraternity can be a fact only when there is a nation. Without fraternity equality and liberty will be no deeper than coats of paint.”

Later, Nehru branded the Communist Party of India as having an anti-national existence after it emerged as the single largest party during the 1957 Kerala state assembly elections.

After the death of Nehru in 1964, the Congress party started to disintegrate under the leadership of Indira Gandhi. In 1969, K. Kamaraj, who broke out of the Congress termed the Indira Gandhi led Congress (Requisitionists) as anti-national.

In 1977, following the 42nd amendment (Article 31D), successive Janta government invoked anti-national charges against Indira Gandhi in various courts. Later, after the assassination of Indira Gandhi in 1984, people belonging to the Sikh community were branded as anti-national.

In the early 1990s, Muslims in India were branded anti-national. During the same time, when the issue of reservation was at its peak, the people against the policy were also termed anti-national.

With the liberalisation and globalisation of the economy, when corruption became the biggest issue, the corrupt politicians were associated with anti-national. During the 2011 Indian anti-corruption movement, the party in power called activists like Anna Hazare as anti-national.

Now, under the BJP rule, from JNU students being called anti-national and slapped with sedition charges in 2016 to the latest case of Hard Kaur being charged with sedition for her remarks against Uttar Pradesh Chief Minister Yogi Adityanath, every form of dissent is termed anti-national.

Also Read: JNU Sedition Row: Ex-ABVP Members Claim Those Raising “Anti-National” Slogans In Video Were From ABVP