Prayagraj, 28 August: The Allahabad High Court has granted interim anticipatory bail to Aligarh Muslim University professor Dr Jitendra Kumar in the case of giving examples of rape in Hindu mythology.
An FIR has been registered against him for allegedly mentioning examples of rape in Hindu mythology during a forensic medicine class in 2022.
Granting him relief, a bench of Justice Vikram D Chauhan said that the university had investigated the matter and a committee of 3 professors and 01 assistant registrar submitted a report, stating that the applicant had indeed made a mistake.The court said in its order, โWhen a teacher is teaching in the class, although the subject should be taught within the parameters and he has given historical references by referring to the book published by the government, then this court prima facie feels that it cannot be said that the teacher deliberately tried to disturb the public peace and harmony on the basis of religious sentiments.โOn this basis, the court granted him interim anticipatory bail till the next date fixed for final hearing on his application.
However, this relief has been given subject to the condition that he will not give any historical references having religious meaning during the pendency of the present case till approved by the Academic Council of the University.
According to the case, Professor Kumar who was suspended by the university administration in April 2022 (reinstated in 2023) was allegedly accused of hurting religious sentiments by referring to various Hindu mythological examples related to gods. To show that rape has existed since time immemorial.
Based on a complaint by former AMU student and BJP worker Nishit Sharma, an FIR was lodged against him under sections 153A, 295A, 298 and 505(2) of the IPC.
The assistant professor said he had no intention to hurt religious sentiments. The subject of rape is included in the university curriculum as well as the National Medical Commission curriculum (for teaching undergraduate medical students).
Before the court, his lawyer cited two books – ‘Baba Saheb Dr Ambedkar Sampoorna Vangmaya Bhag-8’ (pages 176 and 302) and ‘Brahma Vaivart Purana’ (published by Geeta Press, Gorakhpur, page 183) to support the claim that his reference is based on historical material included in the academic curriculum.
It was also argued that the fact-finding investigation of the university did not find that they made any deliberate reference to Hindu mythology as alleged by the prosecution. The government lawyer, on the other hand, opposed and submitted that although the subject of rape was in the syllabus, there was no reference to any historical perspective in the course.
The court, finding that the matter needs consideration, directed the state government to file a counter-affidavit within three weeks. The court has fixed September 20 for further hearing of the case.
