Institute of Legal and Management Studies

Dr. S. Muralidhar, Senior Advocate and former High Court Chief Justice, recently delivered the inaugural Professor G. N. Saibaba Memorial Lecture, in which he raised concerns about the state of academic freedom in India, characterizing the current climate as one where dissent is suppressed, ideological pressures dominate curriculum, and judicial processes often become the punishment.

In his address, Justice Muralidhar paid tribute to Professor G. N. Saibaba, admiring his courage, positivity, and unwavering hope despite the severe challenges he faced. Reflecting on Professor Saibaba's protracted legal ordeal, Justice Muralidhar highlighted that the process itself constituted the punishment during the more than ten years of incarceration.

The lecture drew specific attention to the handling of the case involving Professor Saibaba, who taught English at Delhi University. The prosecution's case under the Unlawful Activities (Prevention) Act (UAPA) rested entirely on electronic evidence. After the trial court convicted him in 2017, the Nagpur bench of the Bombay High Court overturned the judgment on 14 October 2022, declaring the proceedings null and void due to the lack of valid sanction under Section 45(1) of the UAPA.

The State of Maharashtra filed an appeal that was taken up by a special bench of the Supreme Court the very next morning (a Saturday, 15 October 2022) at a judge's residence, where the acquittal was stayed. Despite Professor Saibaba's deteriorating medical condition and being permanently in a wheelchair due to polio, bail was refused.

Although he was acquitted again, this time on merits, by the High Court in March 2024, he died shortly after his release following surgery, having been "badly wrecked by the callous treatment" received while incarcerated. Justice Muralidhar questioned who would be held accountable for what the system did to "a man of learning and forbearance".

India's Steep Decline in Global Rankings

Justice Muralidhar emphasized that India's current position on the global stage regarding academic freedom is alarming. The updated Academic Freedom Index (AFI) of 2025 places India in the bottom 10 to 20% of countries, where academic freedom is considered "completely restricted". This marks a massive drop from 2013, when India was categorised as "fully free," and 2022, when it was "mostly restricted".

According to the 2025 AFI, India now ranks just above Syria, Iran, Laos, and Palestine, and performs worse than Hungary, Hong Kong, Sudan, Yemen, Bangladesh, and Russia. The analysis suggests that countries governed by anti-pluralist parties generally exhibit lower levels of academic freedom.

The lecture outlined three "real stories, not fiction" to illustrate the status of academic freedom and social divisions in India today:

Indore Law College Case: In December 2022, Professor Inamul Rahman and others were booked by Madhya Pradesh police for allegedly keeping a "Hindu phobic and antinational book" in the college library. The complaint, initiated by a member of the ABVP (the student wing of the RSS), led to an FIR under various IPC sections, including 153A (promoting enmity) and 295A (outraging religious feelings). While the Supreme Court eventually quashed the FIR in May 2024, terming it "absurd," Professor Rahman was forced to resign and remains uncompensated.

Muzaffarnagar School Incident: A video emerged in August 2023 showing a teacher in Uttar Pradesh asking students to slap their seven-year-old Muslim classmate. The teacher justified the action, telling reporters that the boy was hit for not remembering his timetables. This case was taken to the Supreme Court, which found "egregious violations" of the RTE Act against physical or mental harassment.

Tamil Nadu Caste Attack: In August 2023, a 17-year-old Dalit student in Nanganeri was brutally attacked with sickles by three dominant caste classmates (Maravans) because the Dalit boy was excelling academically. His younger sister was also attacked when she tried to intervene. The incident led the Tamil Nadu government to appoint Justice K. Chandru to suggest measures to eradicate caste and creed differences in educational institutions. The government had previously issued a circular discouraging students from wearing wristbands indicating caste.

Justice Muralidhar warned of a "virulent form of totalitarianism" where dissent is being eradicated from public spaces, supported by control over mainstream media and "a bouquet of repressive criminal laws". He pointed to a consistent pattern by extremist groups of vandalising departments, disrupting classes, and protesting academic appointments perceived as "left liberal secular".

Examples cited include historian Ramchandra Guha withdrawing from Ahmedabad University in 2018, Dr Firoze Khan being unable to teach Sanskrit at Banaras Hindu University, and the forced resignation of Professor Sabisachi Das from Ashoka University.

Furthermore, the speech highlighted the systematic effort to capture institutional control and revise curriculum.

Justice Muralidhar concluded by stressing that academic freedom in India must navigate challenges posed by social inequalities exacerbated by caste, class, and communal prejudices. He urged the audience to nurture the constitutional values of inclusivity and pluralism.

He posed critical questions for the future: How can secular spaces be reclaimed in public universities? How can scientific temper and the spirit of inquiry (a fundamental duty under Article 51A(H) of the Constitution) be cultivated in young minds?

He ended on a note of hope, recalling the 1986 Supreme Court judgment in Bijoe Emmanuel versus the State of Kerala, which upheld the right of three children belonging to Jehovah's Witnesses to stand silently during the national anthem rather than sing it, affirming that "our constitution practices tolerance".