KOCHI: The Kerala High Court has held that girls have the same freedom enjoyed by boys while
striking down college hostel rule restricting girl inmates from going for the first and second show movie screenings.
The court issued the order on the petition filed by Anjitha K Jose and M Rinsa Thasni, students of Sree Kerala Varma College, Thrissur challenging the set of rules for female inmates of the college hostel. As per the rules, the inmates should not remain in the hostel during working hours of the college without the warden’s prior sanction. It also imposes curbs on meetings on hostel premises and stated that no members of the hostel shall not take an active part in political meetings, processions or propaganda. The notice also stated that the boarders may be permitted to go for a film or other forms of entertainment only on the day notified by the warden. No hosteller shall be permitted to go for the first and second shows. The petitioner submitted these restrictions are illegal and violative of fundamental right.
While striking down the instruction by the college management regarding hostellers going for film shows, the court observed it is for the students to decide whether they should indeed go for first or second show movies or not. “It appears that moral choice of the management is attempted to be imposed upon the boarders. The moral paternalism is something to be frowned upon,” stated the order.
The court observed that going for a movie was an activity outside the hostel activity. The college can fix timing for return in the evening, but that timing should also be reasonably fixed. It was only for the purpose of securing the discipline in the hostel, such timing can be fixed. That was to say that on account of late return, it should not affect the conducive atmosphere in the hostel. The management had every power to fix the timing for the return to the hostel.
The counsel for the college argued that the hostel instructions were signed by the parents of the students. The petitioners are adults and their right to question cannot be compromised based on parental consent. Even if the parent has signed, the instruction cannot be violative of fundamental rights.
While striking down the instruction regarding political activities, it was the fundamental right of every citizen to have own political views as part of the freedom of expression. That can only be reasonably restricted for securing any objectives of the management of the hostel.
However, the court upheld the instruction that the inmates should not remain in the hostel during class time. The college hostel cannot be a shelter for such students to bunk classes. Therefore, with prior sanction from the warden for valid reason, the student concerned can remain in the hostel. The court also declined to interfere in the plea to rescheduled the hostel timings to 6.30pm. The HC said it is for the college principal to decide after taking into account the hardship that is likely be caused to the students. If the petitioners make a representation in this regard, the principal shall consider the matter.