In a remarkable ruling which upholds the right to love, Kerala High Court struck down a college’s decision to expel two students who were in a relationship. While endorsing the right to freedom and privacy of individuals, the court on Saturday said that the institution has no authority to impose moral paternalism on students.
“Love is blind and an innate human instinct,” the court observed, adding that no action can be taken against the young couple on the grounds of indiscipline, reports The Times of India.
The couple, who study at CHMM college in Kollam, first met in 2016 during an incident of ragging. The boy, 21, had come t0 the rescue of the girl, 20, who was his junior and was being ragged by other seniors. Since then, they became friends and later fell in love with each other. Their families earlier were opposed to their relationship after which they eloped. The girl’s family initially filed a missing complaint but later accepted the couple’s marriage, reports The New Indian Express.
Kerala High Court | Source: Indian Express
The college, on the other hand, had expelled the two for ‘gross indiscipline’ after which they approached Kerala High Court. Justice Muhammed Mustaque while criticising the college’s action said,
“The campus of the educational institution must be a place of neutral value leaving moral choice left to the discretion of students to uphold freedom of latter and to overcome personal biases.”
He added that it is the responsibility of the institution to recognise the freedom to have a choice rather than dictating the moral choices of its students, reports Live Law. The court has directed the college to allow one of the petitioners to resume studies and also provide necessary educational records to the other which were in the custody of the institution.
Two years ago, another college in Chadayamangalam had expelled a girl student for being in a live-in relationship. However, the High Court had then upheld the institution’s decision to debar the student.
