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Girl students have constitutional rights, perhaps even more than boys: Kerala HC slams curbs in hostels

By, Thiruvanthapuram
Dec 23, 2022 02:50 AM IST

Hostels are not prisons and all regulations should be equally applicable to all students, the Kerala high court said on Thursday as it directed all state medical colleges to implement the government’s latest directive relaxing curfew hours for women students.

Hostels are not prisons and all regulations should be equally applicable to all students, the Kerala high court said on Thursday as it directed all state medical colleges to implement the government’s latest directive relaxing curfew hours for women students.

The Kerala high court also said that “discriminatory restrictions cannot be imposed” on women in hostels as they too, like men, are entitled to constitutional rights. (HT file)
The Kerala high court also said that “discriminatory restrictions cannot be imposed” on women in hostels as they too, like men, are entitled to constitutional rights. (HT file)

The court also said that “discriminatory restrictions cannot be imposed” on women as they too, like men, are entitled to constitutional rights.

Justice Devan Ramachandran made the remarks while hearing a plea filed by women students of Kozhikode Medical College Hospital against a November 15 notification that barred women from stepping out of the college hostel after 9.30pm.

In their petition, the students pointed out that the notification was not applicable to the men in the hostel.

After the high court in the last week of November pulled up the state government, the latter withdrew the notification and issued a fresh one on December 6. The government relaxed a few provisions, like giving students sufficient leeway to return to the hostel after a stipulated time subject to minimum conditions.

“Girl students have constitutional rights, perhaps even more than boys. Discriminatory restrictions cannot be imposed on them like this. Hostels are not prisons,” justice Ramachandran said.

The state women commission informed the court that the new order ensured gender equality.

The court welcomed the move and directed principals of all state government medical colleges to follow it.

Earlier, the higher education department told the court that a decision to impose restrictions was taken after taking into consideration the demands of parents and safety of women students at night.

“Lock up men, because they create trouble. Let ladies walk free,” the judge said.

The court said the government has an obligation to make college campuses safe and imposing curfews across women hostels will not serve any purpose.

Two days ago, the Kerala University of Health Sciences stoked controversy when it said “freedom at 18 years may not be appropriate and good for the society and women attain full maturity only at 25.”

Defending the curfew hours in women hostels, the institute, in an affidavit in the high court, said keeping hostel gates open without any regulation will be detrimental to society. Nightlife and sleepless nights were not meant for students, it said.

“Age of maturity does not bring brain maturity and there is scientific evidence to support the hypothesis that adolescent brain is structurally and functionally vulnerable to environmental stresses, risky behaviour, drug addiction, impaired driving and unprotected sex,” the affidavit said.

The affidavit was criticised by several women’s bodies and the court also refused to look into it.

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