Allahabad HC Grants Interim Relief To AMU Professor In FIR Over Alleged Reference To Rape In Hindu Mythology

A bench of Justice Vikram D. Chauhan granted him relief, noting that the University had examined the matter and that a fact-finding committee of 3 Professors and 1 Assistant Registrar had submitted a report stating that the applicant had made a genuine mistake.

The Court further noted it was not reported by the fact-finding committee that he had deliberately referenced religious connotations without any source of reference.

“Once a Teacher is teaching in the class room, although within the parameters the subject has to be taught and has given historical references by referring to the book published by the Government, then this Court prima facie feel it cannot be said that the Teacher has intentionally and deliberately attempted to disturb public peace and tranquility on the basis of religious sentiments,” the Court observed in its order.

Against this backdrop, the Court granted him interim anticipatory bail till the next date fixed for the final hearing on his application, subject to the condition that he shall not make any historical references having religious connotations unless approved by the Academic Council of the University during the pendency of the present case.

The case in brief

Professor Kumar, who was suspended in April 2022 (but was reinstated in 2023) by the University administration, has been accused of hurting religious sentiments by allegedly giving references to various Hindu mythological instances involving gods “to illustrate that rape existed since times immemorial”.

An FIR against him was lodged under Sections 153A, 295A, 298, and 505(2) IPC based on a complaint from Nishit Sharma, an AMU alumnus and BJP worker.

It was the case of the Assistant Professor that he had no intention of hurting religious sentiments, and 'Rape' as a topic was included in the university syllabus as well as a part of National Medical Commission curriculam (for teaching undergraduate medical students).

Before the Court, his counsel referred to two books: 'Baba Saheb Dr. Ambedkar Sampurna Vangmay Part-8' (pages 176 and 302) and 'Brahma Vaivarta Puran' (published by Geeta Press, Gorakhpur, page 183) to support the claim that his references were based on historical material included in the academic curriculum.

It was also argued that a university fact-finding inquiry had not found that he had made any deliberate reference to Hindu Mythology, as alleged by the prosecution, and that it was a bona-fide mistake.

It was also contended that he referenced the books mentioned above during his lecture, but no public address was given to the students, and the lecture was limited to the classroom.

On the other hand, the AGA opposed the prayer and submitted that although the topic of Rape was in the syllabus, the syllabus did not contain any reference to any historical perspective.

However, finding that the matter requires consideration, the Court directed the state to file a counter affidavit within three weeks and posted the matter for further hearing on September 20 before an appropriate Bench.