'In Ideal Society, Girls & Women Must Be Able To Walk On Streets At Any Point Of Time': Kerala High Court

The Kerala High Court on Thursday said that in an ideal society, girls and women must be able to walk on the streets at any point of time, be that day or night. However, it said such an atmosphere will require the security systems to be as advanced.

Observing that concerns of parents could not brushed aside just because the children had attained age of majority, Justice Devan Ramachandran said it is also necessary that the children grow up without being under the cloak of patriarchy.

"Our children have the right to experience life in all its vicissitudes and manifestations, and cannot be locked up or secluded even on the ground of offering them protection. It is the ... duty of the society to offer the protection, and to make our streets and public spaces safe, be that day or night. The petitioners have been constrained to approach this court because somewhere along the line, the society has not yet been able to offer them such. Since this is not an ideal world, certainly, concerns of protection and requirements of security would certainly have to be given the primacy that it requires, however, without boxing in our girls, and making them feel that they require a man to protect them. They certainly have to be made ready for the world, and as they say, even though we may not be able to prepare the future for our youth, we can prepare our youth for the future," it observed. 

The court made the observations while disposing of the petitions challenging the notification issued by the Higher Education Department barring female students from going out of the Hostel after 9.30 PM. The court confirmed the last interim order issued by it on December 20,2022 - closing time of gates for both girls and boys now is 9.30 P.M as ordered by the government.

Justice Ramachandran also took note of the suggestions given by Senior Government Pleader T.B. Hood that if a student requires to leave the hostel after the said time, he or she could do so after obtaining permission from the warden or the faculty in charge. However, the court made it clear that the request shall not be rejected when reasons are valid. It therefore directed the Government to modify its order.

It added that if the student wishes to leave the hostel to attend a family event or such other personal activity, they can do so on a written request of the guardian, which shall then be acted upon by the warden or faculty in charge.

The Court noted that the petitioners in the case are part of the new generation which becomes restless and uneasy when patriarchy is sought to be imposed against them. The plea was filed by students of Government Medical College Kozhikode

"This is fully justified because in the present day situation, there ought not to be any difference solely on the ground of gender," it observed. 

The Court passed the order, on finding merit in the arguments advanced by the Standing Counsel for Kerala University of Health Sciences (KUHS) Advocate P. Sreekumar that a basic discipline would have to be maintained in student hostels and these cannot be found to be an intrusion into personal liberties of young men and women, as long as they are not capricious or intended to foster patriarchy.

"There can be no doubt that the attempt to trample a young woman's choices under the guise of protection will have to be frowned upon, but the question whether the hostels will have to be kept open unrestricted throughout the night and day is one in the policy realm in which this Court cannot speak affirmatively, though, can perhaps hope for in the future. This is because, to make the hostels accessible in such manner, the society also has to change and the infrastructure required for making our campuses and streets safe will have to be much more than what we see today," it observed. 

The Court said new government order takes into account the concerns of parents, the requirements of the students, as well as the need for an unfiltered life within and outside the campus. 

"Though there is a timing imposed on hostels, for both boys and girls, the students can enter and leave the hostels after the time, subject to the conditions that are imposed in the new GO and as stated above. Though, ideally, one could aspire for life in campus without any such restrictions, perhaps our State is not ready for the same yet," it said. 

The Court said the new order and the modifications as suggested by Senior Government Pleader T.B. Hood, clearly indicates that the situation faced by the petitioners at the time the petition was filed had undergone a paradigm change, and their capacity to access the campus after 9.30PM had now become much easier. 

"Since the competence of the Court to travel further, particularly within the constitutional perimeters is limited, I choose to leave it there for the time being and I'm certain that in better times, things will become much more relaxed," it observed. 

As regards the Internal Complaints Committee (ICC), and the implementation of UGC Regulations Against Sexual Harassment and the UGC Regulations on equity were concerned, the Court said the same have to be implemented by competent authorities in every college.

"Therefore, in addition to the above, I direct the competent authorities of colleges and such other statutory authorities to ensure that the Internal Committee in terms of the UGC Regulations Against Sexual Harassment is constituted in every college and notifications to that effect is constituted and published within 2 months from the date of receipt of copy of judgment. As far as UGC Regulations on promotion of equity is concerned, the guidelines therein shall also be fully implemented in all colleges and they shall be ensured by the supervising authorities without fail", it directed. 

It further directed that if any of petitioners or any of students found any of the facilities in hostels to be wanting or lacking, they would be at liberty to approach the Principal of the college and seek it, failing which they could approach the competent authority of KUHS for redress.

The Court recorded its appreciation for the petitioners, "whose efforts have now made a great change for impelling a different view which is manifest from the fact that the Government has also acceded to it through their new order". 

It listed the matter for compliance on January 31, 2021. 

Case Title: Fiona Joseph v. State of Kerala

Citation: 2022 LiveLaw (Ker) 662