On wednesday, the Kerala High Court ruled that if the purpose of curfew in women’s hostels of educational institutions is to safeguard the safety of female residents, then it is the men who should be detained [Fiona Joseph & Ors. v State of Kerala & Ors.].
Justice Devan Ramachandran stated that setting a curfew on the women’s hostel serves no purpose and that mistrusting the female students achieves nothing.
“Lock up the boys, I suggest, since they are troublemakers. Implement a men-only curfew after 8:00 p.m. “Allow the ladies to leave,” the judge stated.
The judge added that Kerala is not yet free of ancient traditions, emphasising that such judgments should not be left to the older generation.
“How long can we hold our students in isolation? Consider that Kerala has not matured and that our students must be locked up. If that is what society wants, so be it. These judgments should not be made by individuals of a different generation. As the proverb goes, every generation is like a new country; thus, we have no right to impose rules on new generations” the Judge remarked.
The bench made this observation while reviewing a petition filed by five female MBBS students and staff of the Medical College Kozhikode College Union.
The petitioners challenged a 2019 Government Order (GO) that imposed a condition restricting the entry and exit of hostel residents of higher education colleges after 9.30 pm without justification.
The appeal argued that the 9:30 p.m. deadline is merely a suggestion and not a requirement. It was asserted that the limits currently in place in their dormitory exceed the authority granted by Section 42 of the Kerala University of Health Sciences Act.
“A review of the restrictions imposed in Exhibit P2 (GO) reveals that they are nothing more than an attempt by the first respondent to impose moral paternalism on the students of all professional colleges across the State,” the petition states.
The petitioners also contested a number of provisions of the Ordinance for Recognition of Hostels at Affiliated Educational Institutions under the Kerala University of Health Sciences that stipulate specified times during which students must study and may utilise the study hall.
As long as it doesn’t annoy other people, the petitioners who have reached the age of majority should have the option to choose how they want to study, the petition said.
During the hearing, the judge stated that he is urging society to consider it and is, if necessary, opening the topic for discussion.
“When we shut down things like during the Covid times. There were not many crimes other than the crimes within houses. All the frustration was taken on women within the houses. Always the attack is on women. I understand that mental health went down. Open up the city, but make it safe. So the state has the issue to ensure at least the campuses are safe. Parents are scared “of” their children, they think children will be spoilt if left out after 9.30,” the Court said.
Talking about restrictions put on women in society, the judge opined that women also have to live in society.
“What benefit have we gotten by locking them up in the last centuries? Do you really think that things are better now? It Is far worst is a general opinion. What have we gained by mistrusting our children, nothing really?,” the judge questioned.
As Article 19 is not absolute, the Court stated that it had no difficulty establishing constraints. However, any limits must apply to both men and women equally, and not to only one gender.
“We keep rules for the hostel but relax it for men. That gives the impression that the girls are the problem for all concerns. That is all (that) I am telling. I am not accusing the government, government is the reflection of society. When all parents want their daughters to be locked up, how can the government tell no to that?”
Written By: Lakshman Singh, B.B.A LL.B (Hons.), Shri Ramswaroop Memorial University, Lucknow
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