Prayagraj: The Aligarh Muslim University professor who is facing an FIR for allegedly referring to examples of “rape” in Hindu mythology during a Forensic Medicine class in 2022 was granted interim anticipatory bail by the Allahabad High Court. While granting bail the single judge 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 bench further noted it was not reported by the fact-finding committee that he had deliberately referenced religious connotations without any source of reference. Granting bail to the Professor the court said “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a Teacher is teaching in the class room, although within the parameters the subject has to be taught and has given historical references by referring to the book published by the Government, then this Court prima facie feel it cannot be said that the Teacher has intentionally and deliberately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 fact of the case is that the Professor of forensic medicine was suspended in April 2022 (but was reinstated in 2023) by the University administration and 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”. Nishit Sharma, an AMU alumnus and BJP worker lodged a complaint and an FIR was lodged against him under Sections 153A, 295A, 298, and 505(2) IPC.
The Professor defended himself by saying 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). The Professor also 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. The prosecution opposed the bail plea and submitted that although the topic of Rape was in the syllabus, the syllabus did not contain any reference to any historical perspective.