The Kerala University of Health Sciences on Tuesday submitted an affidavit in the Kerala High Court to justify the night curfew imposed on students. The affidavit came in response to the plea filed by women students of the Government Medical College Kozhikode, challenging the college's notification that barred female students from going out of the hostel after 9.30 pm.

"To seek absolute freedom at the age of 18 may not be appropriate and good for the society", the University said in the affidavit.

The University also said that "hostels are not tourist homes for nightlife and students don't have to go out at the night".

However, the Left government informed the Kerala High Court that it had issued an order on December 6, which relaxes hostel timings substantially. The court on Tuesday ordered the principles of medical colleges in the state to immediately implement the new gender-neutral order issued by the state government.

Kerala University for Health Sciences submitted in the Kerala High Court yesterday that hostels are not tourist homes for nightlife and students don't have to go out at the night. pic.twitter.com/IOlbmnzOaM

— ANI (@ANI) December 21, 2022

The court observed that the new order gives sufficient leeway to students to enter the hostel premises after the gate closing time of 9.30 pm. The rule is same for boys and girls and entry after the gate closing time is subject to certain bare minimum conditions. However, the new order is not applicable for first-year students, who are not yet used to the new environment and the locality.

"Therefore, I direct all principals and other authorities concerned of the medical colleges to act in terms of the afore government order with immediate effect," Justice Ramachandran said during the hearing.

The case will be heard in the court again on December 22.

Also read:

Kerala introduces bill to replace governor as chancellor of universities

The petitioners challenged a 2019 government order which restricted movement of hostel inmates of higher education institutions after 9.30 pm, stating that is only being implemented in their hostel and not in boys/men's hostel.

Opening up the gates of hostels without any regulation, would be detrimental to the society at large: University

The university presented its arguments to justify its decision in its affidavit. It said that discipline in a hostel was of primary importance, and it was also necessary to ensure the safety and well-being of the students living there.

It also claimed that "age of maturity does not necessarily bring brain maturation". The affidavit mentioned that there was scientific evidence to support that adolescent brain is "structurally and functionally vulnerable to environmental stresses, risky behaviour, drug addiction, impaired driving and unprotected sex".

"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", it said in its affidavit.

The University argued that development and maturation of the prefrontal cortex is fully accomplished at the age of 25 years. The university also argued that the petitioners were a miniscule percentage of the student population, and they cannot be seen as a representation of the interests of all students. It also said that these students have classes starting at 8 am for which they require sufficient sleep after the day's work.

The University also said that the restrictions imposed are not absolute and the ordinance allows the issuance of late passes from the concerned persons. It requested the court to strike a balance between the "necessity to ensure discipline in the hostel and the needs of the students".

It has also argued that there is no restriction which is unreasonable and gender discriminative. As per the affidavit, the University believes none of the rules violate any of the fundamental rights and the norms fixed are necessary for the smooth administration of the hostels and to ensure discipline.

However, during the earlier hearings of the matter, the court had questioned why only women or girls are strictly barred and not boys or men and why the curfew of 9.30 PM is strictly imposed only on women in hostels of the medical college.

The court had said, “The freedom given to boys should be given to girls too."

(Edited by : Jerome Anthony)

First Published:Dec 21, 2022 11:12 AM IST