The Faculty of Law, DU had proposed to introduce two books on the ancient Hindu text as suggested reading under Unit V – Analytical Positivism of the subject Jurisprudence for first and third year students in the undergraduate course paper in LLB, inviting criticism from the Social Democratic Teachers Front (SDTF) and students. The proposal has been rejected by the V-C after he issued a clarification on Thursday i.e. 11 July, 2024.
The Faculty of Law, DU had proposed to introduce two books on the ancient Hindu text as suggested reading under Unit V – Analytical Positivism of the subject Jurisprudence for first and third year students in the undergraduate course paper in LLB. The said proposal was rejected earlier today, prior to the academic council’s meeting by the Vice – chancellor Yogesh Singh after a controversy erupted over the matter.
Today a proposal by the Faculty of Law was submitted to Delhi University. In the proposal, they had suggested changes in the paper titled Jurisprudence. One of the changes was to include readings on Manusmriti. We have rejected both the suggested readings and the amendments proposed by the Faculty. Nothing of this sort will be taught to students,
stated the V-C in a video message shared by the university.
Medhatithi’s concept of State and Law, the oldest and most popular commentaries on the Manusmriti, had been proposed as a suggested reading under Unit V – Analytical Positivism of the subject Jurisprudence, being taught in the first semester of the three and five-year undergraduate law courses, specifically Manusmriti with the ‘Manubhasya’ of Medhatithi, by GN Jha, and Commentary of Manu Smriti – Smritichandrika, by T Krishnaswami Iyer as the suggested readings.
The proposed integration was subjected to major criticism as the Manusmriti infamously endorses the caste system, gender inequality, outdated social norms and social ostracisation. The move is being criticised on the grounds that it would promote and perpetuate discrimination against marginalised communities, especially when it is integrated in the legal education system at a central university.
In an interview with The Indian Express Professor Anju Vali Tikoo, Dean, aculty of Law, had stated,
The Manusmriti has been introduced in line with the NEP 2020 to introduce Indian perspectives into learning. The unit under which it has been introduced in itself is an analytical unit. It has got nothing to do with Hindus, Hindutva or Hinduism. Hence, in order to bring in more perspective for the student to compare and understand analytical positivism, this step has been taken.
While teachers and students believed that a comparative understanding of the same is not the problem, its integration as a standalone paper is irrelevant and outdated.
Many students and teacher’s bodies had expressed their distaste towards the move. Objecting to the development, the Social Democratic Teachers Front (SDTF), a collective of teachers, wrote to DU Vice-Chancellor Yogesh Singh on Wednesday, stating that the text Manusmriti propagates a “regressive” outlook towards the rights of women and the marginalised communities and that it is against a “progressive education system”. They demanded that the proposal should be immediately withdrawn and not approved in the academic council’s meeting.
In the letter to the VC, SDTF general secretary S S Barwal and chairperson S K Sagar had stated
Introduction of any section or part of Manusmriti is against the basic structure of our Constitution and principles of Indian Constitution.
Samvardhan Tiwary, a first year student at ILC, Faculty of Law, spoke to DU Beat regarding the development.
DU’s decision to introduce Manusmriti as a part of its law undergrad syllabus, has its own pros and cons. The text can act as a source of origination of law in India, but should not be included as a standalone curriculum in the UG framework. It’s important for the administration to take cognizance of the fact that now the Indian Legal has reached a certain pedestal where the relevance of Manu won’t benefit the students, rather it defeats the purpose of modern jurisprudence. It’s not news that the text has had prejudiced connotations against women in ancient India; it doesn’t serve the purpose of teaching equity and justice in the modern day.
The Delhi University Academic Council was set to hold a meeting today, i.e. Friday, 12 July, 2024 on the proposal to introduce the ancient Indian text as part of its undergraduate law courses, however, a University official said that although the amendments were to be discussed on Friday, the Act of the University “empowers the V-C to take any decision regarding the larger interest of the University, students, and staff”. The matter was discussed with the Dean, Faculty of Law and decided on accordingly.
Feature Image Credits: Himanshu for DU Beat
Gauri Garg