A Comparative Analysis of Academic Freedom within Higher Education Institutions (HEIs) in India and the USA
DOI:
https://doi.org/10.32674/jcihe.v12i6S1.3078Keywords:
India, US, HIE, Academic Freedom, CensorshipAbstract
Despite having one of the largest and fastest-growing post-secondary sectors in the world, there has been increasing protest against the lack of academic freedom within HEIs in India in the past decade. This research study carries out a comparative analysis of academic freedom within HEIs in India and the U.S., with a specific focus on how the notion is formulated within key policy documents and the provisions to safeguard it. Preliminary data from the systematic review revealed that while policy documents within both the countries frame the notion along similar lines, various sections within the Indian Penal Code are used to criminalize useful dissent and freedom of expression within HEIs. The study recommends that in order to safeguard academic freedom in India, certain specific sections within the Indian Penal Code (Section 124A, Section-153A, Section-292, Section-295A) should be either repealed or reformulated so that they are not amenable to misuse by the government.
References
Bardi, J (2017, October 6). Why do so many Americans win the Nobel Prize. Inside Science. Retrieved from https://www.insidescience.org/news/why-do-so-many-americans-win-nobel-prize
Declaration of Academic Freedom and Tenure (2015). Retrieved from https://www.aaup.org/NR/rdonlyres/A6520A9D-0A9A-47B3-B550-C006B5B224E7/0/1915Declaration.pdf
Ganguly, T. (2017). Academic freedom and the future of anthropology in India. American Anthropologist, 119(3), 526-529.
Karran, T. (2009). Academic freedom: in justification of a universal ideal. Studies in Higher Education, 34(3), 263-283.
Kreighbaum, A (2019, March 22). Trump signs Broad Executive Order. Inside Higher Ed. Retrieved from https://www.insidehighered.com/news/2019/03/22/white-house-executive-order-prods-colleges-free-speech-program-level-data-and-risk
Ministry of Human Resource Development (MHRD) (2016). All India Survey on Higher Education (2015-16). Department of Higher Education, New Delhi.
Palfreyman, D. (2007). Is academic freedom under threat in UK and US higher education?. Education and the Law, 19(1), 19-40.
Ravi, S., Gupta, N., & Nagaraj, P. (2019). Reviving Higher Education in India. The Brookings Institution Indian Center. Retrieved from https://www.brookings.edu/wp-content/uploads/2019/11/Reviving-Higher-Education-in-India-email-1.pdf
Section 12A: The Most Anti-National Thing in India’s Independent History (2019, 15 Jan). The Logical Indian. Retrieved from https://thelogicalindian.com/opinion/sedition-section-124a/?infinitescroll=1
Spannagel, J., Kinzelbach, K., & Saliba, J. (2020). The Academic Freedom Index and Other New Indicators Relative to Academic Space: An Introduction. University of Gothenburg, Dept. of Political Science. Retrieved from https://www.vdem.net/media/filer_public/0d/a3/0da3981c-86ab-4d4f-b809-5bb77f43a0c7/wp_spannagel2020.pdf
Statement of Principles on Academic Freedom and Tenure (1940). Retrieved from https://www.aaup.org/file/1940%20Statement.pdf
Tierney, W. G., & Sabharwal, N. S. (2016). Academic Freedom in the World’s Largest Democracy. International Higher Education, (86), 15-16.
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