'Sleepless Nights & Nightlife Not Meant For Students; Absolute Freedom Not Good': University Defends Girls Hostel Curfew

A written statement has been filed by the Kerala University of Health Sciences in the issue pertaining to the notification issued by the Higher Education Department barring female students from going out of the Government Medical College hostels after 9.30 PM. 

In the statement filed through the Standing Counsel of the University, Advocate P. Sreekumar, it has been averred that the writ petition was filed by certain girl students of the Government Medical College Kozhikode without properly understanding the import and purpose of the impugned Government Order (G.O.). The counsel averred that there was no element of discrimination involved in the issuance of the said G.O., and that it was issued taking into account the right to have equal treatment to the students without any gender bias.

The Statement assails that the the main grievance highlighted in the writ petition is in relation to the time limit of 9.30 pm insisted for the students to be back in the hostel. It rationalizes that the same was prescribed after taking note of several other factors. 

It has been highlighted that the academic activities would normally be over much before 9.30 pm and even the libraries or laboratories would be closed by that time.

"The petitioners who are medical students have their classes starting by 8 a m and they require sufficient sleep after every day's work. Sleepless nights and nightlife are not meant for the students and it is the duty of the educational institution and the university to frame regulations contemplating sufficient rest to the students. The restrictions imposed are not absolute and the ordinance provide for the issuances of late passes from the concerned persons". 

It is also pointed out that the University is duty bound to ensure discipline in the affiliated colleges as well as the hostels run by the affiliated institutions, and it is in pursuit of the same that the University has issued directions through the ordinance (namely, Ordinance for recognition of Hostels in Affiliated Educational Institutions under Kerala University of Health Sciences, 2021). 

"The provisions contained in the ordinance make it clear that the hostel is meant only for the purpose of accommodation for education purposes and not for anything else. The right of the student to stay in the hostel is limited during the period during which institution is working and special permission is required to stay in hostel during the vacation period. Basically a hostel is different from a hotel or other similar accommodation available", the statement stressed. 

The statement further says that even if clinical duty changes happen by 8 am and 8 pm, there still would not be any reason to challenge the timings fixed, since such eventualities had also been duly taken note of while fixing the said timings. It added that in case of any genuine need, permissions could be obtained from the concerned authorities. In such an instance, it is averred that the petitioners could not project the regulation of entry and exit to the hostel as a violation of their fundamental rights, and the said restrictions are only reasonable to ensure discipline in the institution. 

"Every hostel has a duty to ensure the well-being of the students as well as their safety. The petitioner cannot be oblivious of the fact that even in every home there exists a regulation restricting absolute freedom. An institution like a hostel, which takes over the responsibility of the inmates cannot be managed without restrictions as mentioned above. Neither this Hon'ble Court nor the petitioners can shut their eyes on the events happening around the world and also towards the impracticability in wiping away the crimes and nefarious activities in the society", it is averred. 

The statement also points out the age of maturity does not necessarily bring in brain maturation, and as per evidences, it is noted that the adolescent brain is structurally and functionally vulnerable to environmental stresses, risky behavior, drug addiction, impaired driving and unprotected sex.

"Considering the above scientific facts, seeking absolute freedom on attaining the age of 18 may not be appropriate and good for the society. Opening up the gates of hostels without any regulation, would be detrimental to the society at large if the same is done without a proper scientific study. Various studies conducted on the adolescent behavior point to the fact that the percentage road accidents and fatalities, use of drugs and other substances, rate of suicides and homicides etc are very high among them". 

The University stresses that the age of adolescence is too risky to be handled and seeking absolute freedom, which the petitioners may not even get at their homes is not justifiable. It thus, urged the Court to strike a balance between the necessity to ensure discipline in the hostel and the needs of the students.

"It is also to be borne in mind that unlike in the cases of campuses of Engineering Colleges of Management Institutions, which could be properly secured, a medical college campus is always open to the public and the number of persons visiting the campus on each day would run to thousands. It is also a fact that many medical college campuses have bus services plying through it with more than one bus stops in the campus. Public roads passes through campuses and the hostels could be secured and protected only by having compound walls around the hostels buildings", it is added. 

It has been further pointed out that the petitioners herein only represent a miniscule percentage, when compared to the total number of inmates, and cannot be deemed to represent the interests of all the inmates, nor the concerns of their parents, who pay for their hostels and who put them up in the hostels. 

"The hostels would be failing in discharging its duties, if it fails in sticking on to the regulations, which might have prompted the parents to put up their wards in the hostel by paying for their accommodation", it emphasizes. 

The Court had, on Tuesday, directed all Principals and other concerned authorities of Medical Colleges to act in terms of the Government Order dated 06.12.2022, which has substantially relaxed the timings of Government Medical College Hostels, by stipulating the closing time of gates for both girls and boys to be 9.30 P.M. and giving sufficient leeway to the students to enter it after that time subject to bare minimum conditions, with immediate effect.

Case Title: Fiona Joseph v. State of Kerala