Kerala High Court disapproves of hostel curfew for women; says rights of women-students can't be restricted under guise of protection

The Kerala High Court recently frowned upon the curfew in women's hostel of Kozhikode Medical College, stating that such restrictions under the guise of protection is nothing but patriarchy [Fiona Joseph & Ors. v State of Kerala & Ors].The Court opined that all forms of patriarchy, even those offered under the guise of offering protection on the basis of gender, must be frowned uponJustice Devan Ramachandran made the observation while he was considering a plea moved by five female MBBS Students and office bearers of the College Union of the Medical College Kozhikode.The petitioners approached the Court challenging a Government Order(GO) issued in 2019 that prescribed a condition that restricted the entry and exit of hostel inmates of higher education colleges after 9.30 pm, without any reason."..in the modern times, any patriarchism - even in the guise of offering protection based on gender - would have to be frowned upon because girls, as much as boys, are fully capable of taking care of themselves; and if not, it must be the endeavour of the State and the Public Authorities to make them so competent, rather than being locked in," the Court observed..The petitioner-students pointed out that this condition was only being implemented in women's hostels and not men's hostels. They also alleged that the facilities provided in men's hostels were far better than those available for women in the hostels assigned to them.The plea contended that the 9:30 pm deadline is only intended to be a suggestive and not a mandatory one. The restrictions currently in place in their hostel are also beyond the scope of statutory powers given under Section 42 of the Kerala University of Health Sciences Act, it was argued."A perusal of the restrictions imposed in Exhibit P2 (GO) would reveal that the same is nothing but attempt to impose the moral paternalism by the 1st respondent on the students of all professional colleges across the State", the plea said. The petitioners also challenged several clauses of the Ordinance for Recognition of Hostels in affiliated Educational Institutions under Kerala University of Health Sciences that set certain fixed times when the students have to study and can use the study hall."The petitioners who have attained the age of majority ought to be given the freedom to chose the mode or manner in which they intend to study as long as it does not cause any disturbance to others," the plea stated..The Court opined that the GO, prima facie, appeared to restrict the ability of students even to walk in the campus after a particular time and that the same can be justified only if compelling reasons are shown."However, there can also be situations where students would want to walk out in the nights, for other reasons, as they may deem. This has been restricted and I am certain, therefore, that the competent Authorities must come out with the rationale in imposing the said limitation", the Court said. It also reminded the responded authorities to keep in mind the Regulations of the University Grants Commission, which mandate that under the guise of protection, the rights of the students – especially women - cannot be inhibited, particularly the right of movement.The Court sought the response of the State Government, University and Women's Commission and posted the matter for further consideration on December 7..The petitioners were represented by advocates Harish Vasudevan and Rajan Vishnuraj..[Read Order]