Shillong, July 21: The Khasi Students’ Union (KSU) has urged the Director of the National Institute of Technology (NIT) Meghalaya to immediately withdraw certain clauses in the institute’s student declaration and undertaking, alleging that they infringe upon students’ fundamental rights guaranteed under the Constitution of India.
In a letter addressed to the Director on Tuesday, the KSU stated that the clauses relating to compulsory attendance, prohibition on joining or forming unions or associations and restrictions on participation in agitations amounted to a direct infringement of the constitutional rights to freedom of speech and expression, peaceful assembly and formation of associations or unions.
The Union cited several judgments of the Supreme Court of India and the Delhi High Court to support its position, stating that students studying in institutions established and funded by the State continue to enjoy constitutional rights.
The KSU referred to the Supreme Court’s observations in Mazdoor Kisan Shakti Sangathan v. Union of India, stating that the right to protest is a fundamental right and an important pillar of democracy, while acknowledging that such rights must be balanced against the rights of others and should not interfere with academic activities or the functioning of an institution.
The Union also referred to a Delhi High Court judgment concerning campus protests, arguing that universities are not merely places for attending classes but also spaces for the development of independent thought, critical thinking and constructive discourse, where peaceful protests and non-violent dissent form part of the academic environment.
On the right to form associations, the KSU stated that while educational institutions have the authority to regulate student activities and maintain discipline, they cannot impose a blanket ban on students forming lawful associations.
The Union maintained that institutions have every right to prohibit violence, vandalism, intimidation, coercion, disruption of academic activities and other unlawful acts, but argued that peaceful dissent, demonstrations and the formation of lawful student organisations should not be prohibited.
According to the KSU, such clauses create an atmosphere of fear among students and discourage them from exercising their legitimate democratic rights. It said educational institutions should promote dialogue and constitutional values rather than suppress lawful expression through coercive undertakings.
The KSU has placed six demands before the NIT Meghalaya administration. It demanded the immediate withdrawal of the clause mandating compulsory 100 per cent attendance and its replacement with a reasonable attendance policy that provides exceptions under genuine circumstances.
The Union also demanded the withdrawal of the clause prohibiting students from joining or forming unions or associations, stating that it was inconsistent with Article 19(1)(c) of the Constitution.
Further, the KSU called for the withdrawal of any blanket prohibition on participation in agitations, clarifying that only unlawful, violent, coercive or disruptive activities that interfere with the normal functioning of the institute should invite disciplinary action.
The Union also sought an official notification recognising students’ right to peacefully assemble, express their views and organise peaceful demonstrations on campus, subject to reasonable regulations concerning time, place and manner, provided such activities do not disrupt academic activities or public order.
It further demanded that no student be subjected to disciplinary proceedings solely for peacefully exercising their constitutional rights and urged the institute to review all declarations and undertakings required from students to ensure that no clause compels them to waive or surrender any fundamental right guaranteed under the Constitution.
The KSU said its demands were neither unreasonable nor inconsistent with the objective of maintaining discipline at the institute, but were aimed at harmonising institutional discipline with constitutional values, democratic principles and the rule of law.
The Union reiterated its commitment to safeguarding the rights, dignity and welfare of students across educational institutions in Meghalaya and urged the NIT Meghalaya administration to take immediate corrective measures.
