Is It Legal to Keep Colleges Open on Gandhi Jayanti in India?

Gandhi Jayanti, celebrated every year on October 2nd, marks the birthday of Mahatma Gandhi, a significant figure in the Indian independence movement. This holiday is a public holiday in India, and it plays a vital role in honing the national spirit and promoting values of non-violence and truth. However, the question arises whether colleges and educational institutions can remain open on this day, and if so, is it legal?

Understanding Gandhi Jayanti and Its Significance

Gandhi Jayanti commemorates the birth of Mohandas Karamchand Gandhi, who played a pivotal role in India's struggle for independence. The United Nations has recognized October 2nd as the International Day of Non-Violence, emphasizing the importance of peace and non-violent revolution.

Gandhi Jayanti in India - A Legal Perspective

According to the Negotiable Instruments Act of 1881, October 2nd is a public holiday, which means that most government offices, banks, and educational institutions are typically closed. However, the decision to keep colleges open on this day is left to the specific policies of the institution and state government directives. Universities and colleges, like other public bodies, are encouraged but not mandated to remain closed on this day.

Legal and Policy Aspects

Section 962 of the Companies Act 2013 defines a ”National Holiday” to include days declared as such by the Central Government. This classification does not extend to educational institutions unless explicitly stated in specific directives issued by the state government.

Section 238 of the Companies Act 1956 further clarifies ”Public Holiday” under the Negotiable Instruments Act 1881, which includes Sundays and any other day declared by the central government via notification in the Official Gazette.

Practical Considerations for Educational Institutions

Keeping a college open on Gandhi Jayanti is not illegal but may go against customary practices and the spirit of the holiday. Educational institutions have the discretion to hold classes or observe the day as a holiday. It is advisable for students and faculty to check with their specific college or university regarding their holiday policies for October 2nd.

Conclusion

The observance of Gandhi Jayanti revolves around promoting values of non-violence, truth, and unity. While it is not illegal to keep colleges open, it is generally in line with the spirit of the holiday to observe it as a day of rest and commemoration. Government and educational institutions should work together to ensure that this day is celebrated in a meaningful way, fostering national unity and values that Gandhi stood for.