On Wednesday, the Kerala High Court questioned the need to “control” or “lock up” only girls and women at night and asked the State government to make sure they have the same freedom as boys and men.
There is no reason to be afraid of the night, Justice Devan Ramachandran said that government should ensure safety so that everyone would be able to go out after dark.
The observations were made during a hearing on a plea filed by five female Kozhikode Medical College students who were challenging a 2019 government directive that limited the movement of students living in hostels at higher education institutions after 9.30 PM.
When hearing the case, the court questioned why a curfew was necessary and why only women or girls need control, not boys or men.
“Girls also have to live in this society. Will heads fall off after 9.30 PM? Will mountains collapse? The government has an obligation to keep the campus safe,” the court said and asked whether there was any hostel in the State where boys had a curfew.
The court further stated that men with criminal histories should be jailed. Justice Ramachandran added that some people claimed he was challenging the limitations since he doesn’t have any daughters.
The judge claimed that there are no limits on girls living in hostels in Delhi while they are attending school.
According to the government, the limitations were put in place with the parents of the girls’ concerns in mind.
The court claimed that it was considering the worries of parents of girls and women, although there were other hostels in the State without curfews.
“Don’t children living there have parents?” the court asked. It also said it was not going to blame the government if the parents want girls or women locked up at night. “Let us not fear the night. The freedom given to boys should be given to girls too,” the court said.
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The court had stated during the most recent hearing of the case that instead of confining girls and women, the State and public bodies should work to develop their capacity for self-care.
Patriarchy must be condemned in all its forms
In addition, it stated that patriarchy must be condemned in all its forms because women and girls are equally capable of taking care of themselves as men and boys are.
According to the women who filed the appeal, the 2019 government directive was only being carried out in their hostel and not the men’s.
Additionally, they have asked the court to issue a directive to the medical college giving them unrestricted access to the campus’s fitness centre and reading room “in the interest of justice, equity, and good conscience.”
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