Describing love as "a blind and an innate humane instinct," the Kerala High Court quashed the decision of a college in the state to oust a boy and girl student for love affair and eloping. The court issued the order on the petition filed by BBA student Malavika Babu, 20, at Varkala CHMM College for Advanced Studies and her senior Vyshak, 21, challenging the decision of the college.
The court said the college authorities failed to understand the intimate personal relationship is the matter of privacy of individuals upon which it has no authority to interfere. In the absence of evidence that it had affected the classes conducted by the college or the congenial environment for learning, no action can be taken on the ground of indiscipline.
"Love is all about the individuals and their freedom." In this case, the college authorities as well as their parents objected to the affair. Finding them as barriers, Malavika eloped with Vyshak. Malavika's mother lodged a man-missing complaint following which the police produced them before the magistrate. However, the court set her free as she was not wrongfully detained. Malavika's parents retracted from the opposition and supported their marriage. Now the pair are husband and wife. However, the college's approach was indifferent and it decided to expel them citing their act amounts to gross indiscipline.
The petitioners' counsel Syam J Sam submitted Malavika wanted to continue her degree course in the college while Vyshak decided to discontinue the course and sought for the return of his academic records retained by the college.
The court said that the right of management to administer an educational institution would also include the power to impose discipline among the pupil to secure the objective standards of education. "But that doesn't mean the authority can assume the role to impose moral paternalism upon students notwithstanding their disagreement to such values of the authority. The educational institution's campus must be a place of neutral value, leaving moral choice to the discretion of students to uphold freedom of the latter and overcome personal biases."
The court pointed out the love affair and eloping termed as immoral amounting to a breach of discipline was based on the moral values of the persons in management. It was a sin for some and not a sin for others. In law, it was the choice of freedom which is the essence of liberty. How and what manner love affair and eloping have impacted the academic discipline was a matter to be explained by the college. There was nothing on record to justify that power was exercised for the aim which was conferred on the college authorities.
The course of personal life and choice of partners are left to the individual autonomy, that is the essence of the right to privacy, stated in the verdict. The court directed the Kerala University to readmit Malavika within two weeks and directed the college to return the records of Vyshak.
Judge declines to accept earlier order
While recognising the freedom to have a choice, Justice A Muhammed Mustaque declined to accept the earlier order of High Court passed in 2016. The court had upheld the decision of a college expelling a girl student for eloping with her classmate and for living together.
Justice Mustaque said he was not able to follow the judgment for the simple reason that the judgment had rendered without adverting to the fundamental right of right to privacy. In view of the declaration of the right to privacy on a fundamental right in Puttaswamy's case, that judgment lost its significance as binding precedent.