'Girls' Rights Can't Be Restricted In The Guise Of Protection' : Kerala High Court Questions Hostel Curfew, Frowns Upon Patriarchy

Questioning the curfew in the girls hostel in the Government Medical College, the Kerala High Court on Tuesday asked the competent authorities to provide the rationale as to why restrictions have been imposed on students from even walking in the campus after 9.30 PM. The Court observed that there could be justification for the same only if compelling reasons could be shown. 

The Court in the instant case was considering a plea moved by certain girl students of Government Medical College Kozhikode against the impugned notification issued by the Higher Education Department barring female students from going out of the Hostel after 9.30 PM. 

Justice Devan Ramachandran in this light observed that, 

"...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".

From the discussions it had with the Bar yesterday, the Court ascertained that one of the reasons for imposing such a restriction was on the ground that the students would find no reason to go outside after the said time, since the reading rooms and libraries would have closed by then. 

However, the Court noted that there may be other situations as well, where students would want to walk out at night, as they may deem, and it was on this basis that the Court directed the competent authorities to provide their reasons for imposing the limitation. 

"When they do so, they will also keep in mind....Regulations of the University Grants Commission, which mandate that in the guise of protection, rights of the students – especially women - cannot be inhibited, particularly that of movement", the Court added. 

The case has been listed for December 7, 2022 for further hearing.

The petitioners in the instant case are represented by Advocates V. Harish and Rajan Vishnuraj. Government Pleader Parvathy Kottol, Standing Counsel of Kerala University of Health Science P. Sreekumar, and Standing Counsel of Kerala Women's Commission Parvathy Menon appeared on behalf of the respondents. 

Click Here To Read/Download The Order

Also Read : Girls Have Equal Freedom As Boys: Kerala HC Strikes Down Discriminatory Girls' Hostel Rules [Read Judgment]