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A GIRL IS HAVING EQUAL FREEDOM SIMILAR TO A BOY: Kerala High Court

Team SoOLEGAL 18 Mar 2019 10:09am

A GIRL IS HAVING EQUAL FREEDOM SIMILAR TO A BOY: Kerala High Court

Justice A Muhamed Mustaque struck down a stipulation stipulation in Rules of Girls' hostel attached to Sree Kerala Varma College and noted that there is no such restriction in the boy's hostel. The Court partly allowed the petition.

The students had requested to refix the timings for returning to hostel in the evening because they face unnecessary problems. The Kerala High Court in this regard directed them to submit representation before the Principal of the College. However, the College was allowed to fix timing for return in the evening, provided that it is reasonable and should be fixed with the aim of maintaining discipline in the hostel. The Court further observed: 
"That is to say that on account of late return, it shall not affect the conducive atmosphere in the hostel. The management has every power to fix the timing for the return to hostel. As already said, it must be reasonable and it is only to secure the purpose of discipline in hostel, nothing else. In the light of facts that this moral choice of the college cannot be imposed on others, this clause has to be struck down." 

A girl has equal freedom similar to a boy and in this regard, a stipulation in Hostel Rules was struck down which barred girl boarders from going for the first and second show movies. Another stipulation was struck down according to which no member of the hostel shall take active part in political meetings, processions or propaganda. Justice Mustaque said: 

"This instruction has nothing to do with any discipline in the hostel. It is the fundamental right of every citizen to have its own political views as part of the freedom of expression. That can be only reasonably restricted for securing any objectives of the management of the hostel." 

The college's contention that these hostel instructions were signed by the parents of the students was rejected by holding:

"The petitioner is an adult. Her right to question cannot be compromised based on parental consent. Even if the parent had signed, instruction cannot be violative of fundamental rights." 

Tagged: KeralaHighCourt   JusticeAMuhamedMustaque   Equality   SreeKeralaVarmaCollege  
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