Freedom at Midnight: Kerala HC refuses to entertain PIL against exclusion of men at women-only event

The Kerala High Court on Thursday refused to entertain a public interest litigation (PIL) petition challenging restrictions on entry of men to the 'Freedom at Midnight' event slated to be organised for women and children by the State government [Adarsh SR v State of Kerala & anr]

The program planned by Department of Women and Child Development is scheduled to be held from 10 pm on August 14 to 1 am on August 15 from PMG Junction to Overbridge Junction in Thampanoor area of Thiruvananthapuram.

It is a symbolic event aimed at allowing women to safely reclaim public spaces while celebrating the Independence Day. However, the plea filed by a lawyer said the prohibition on entry of men in the area violates their fundamental rights to equality and free movement.

A Division Bench of Chief Justice Soumen Sen and Justice Syam Kumar VM said the petition was filed on the basis of an unverified press report.

Pertinently, it recorded the State's submission that the restriction applied only to the entry of men to the women's conclave and that there was no plan to prevent them from using public roads.

"The learned Special Government Pleader on instructions has submitted that there is a restriction for the entry of men to the conclave alone, which is a program intended for women and children, organised by the Department and the transportation and use of the relevant road by men is not intended to be impeded in any manner," the Court noted.

The PIL was filed by Adarsh SR, a social activist and a lawyer who approached the Court expressing apprehension that men would be prohibited from entering certain areas during the programme.

He stated that such a restriction would violate Article 14, which guarantees equality before the law, as well as the right to move freely under Article 19(1)(d) of the Indian Constitution.

However, the Court noted that the petitioner had not approached the concerned authorities before moving the Court.

"It is trite and settled that no writ of mandamus would lie unless the aggrieved person first approaches the public authority concerned with his grievance and the right to move this Court by invoking PIL would accrue only if there is a non consideration or rejection of such representation," the Court said.

The Court also found the petition to be lacking in relevant materials.

"We note that averments have been made in this writ petition without any basis and devoid of any valid reliable materials. A Public Interest Litigation is not to be filed in such slipshod manner. Such petitions are not maintainable," the Court stated.

Hence, it declined to interfere with the event in any manner.

Advocates R Santhosh Mahadevan, CR Vijayakumaran Pillai, S Santhy, Yayathi Vijayan, Mukesh Kumar Gandhi, Adwaith Suseel, R Rahul Krishnan and Gopakumar D appeared for the petitioner. 

Special government pleader Sreelatha Parameswaran appeared for the State.

[Read Judgment]