Case of moral policing: Kerala HC upholds college's decision to expel student in live-in relationship

A Kerala High Court ruling upholding the expulsion of a female college student by the college management for living with her lover has raised eyebrows among civil rights activists in the southern Indian state. Human rights activists and lawyers have viewed the action taken by the Mar Thoma College of Science and Technology, Kollam as well as the high court verdict “discriminatory” and a violation of Supreme Court’s July 2015 ruling that acknowledges live-in relationships as an acceptable norm of the modern times. The 20-year-old girl, a fourth semester student of English Literature, and her 19-year-old lover, who was studying in the same college, were apprehended by police after their parents filed a missing person’s complaints. The Christian college management expelled both terming their live-in relationship as a breach of college discipline. [caption id=“attachment_2909066” align=“alignleft” width=“380”] File image of Kerala High Court. News 18[/caption] The girl, who had scored 80 percent marks in the third semester, moved the court for a direction to the college management to re-admit her, considering her excellent academic record, but a single bench of K Vinod Chandran turned down her plea saying that she should have been prepared to face the consequences when she took a drastic step for the sake of love. “This isn’t a mere case of falling in love; but two students taking a drastic step of eloping and living together without contracting a marriage. As consenting adults, they could act according to their volition. But, here they cannot even legally enter into a marriage,” the court observed while pointing out that the male student was not of legally marriageable age. The court also found merit in the college management’s action saying that their concern of setting an example to the other students and ensuring maintenance of discipline in the educational institution cannot be easily brushed aside. Welcoming the verdict, college principal Prof K C Mathew said they could not compromise with discipline. Advocate Sandhya Raju of Human Rights Law Network, Kerala said the action of the couple could not be viewed as a breach of discipline as they did not violate any college rules and regulations or resort to any sort of misconduct on the campus. “I do not understand why should the college be concerned how students live outside the college campus? The college management has no right to extend their authority outside the campus. The concern of the Mar Thoma College is apparently part of moral policing that is gaining traction in Kerala of late,” says Sandhya. She has also viewed the high court verdict as a moral policing act. The lawyer told the Firstpost that the judge’s concern about the marriageable age of the male student may have borne from the judge’s personal views about pre-marital sex. The judgment is apparently based on the judge’s presumption that the couple may have entered into a sexual relationship by living together. “The judge fails to appreciate that couple can live together without engaging in sex. Even if they go for sex, the court cannot do anything as consensual sex between adults is not a crime in the country. Justice Vinod Chandran has apparently viewed the case from moral angle. This will not stand before law as the Apex Court has ruled morality and criminality non co-extensive," Sandhya said. The student’s counsel KV Anil Kumar said that his client was ready to leave the college if she was re-admitted to the fourth semester and then given a transfer certificate. He said that the girl will have to appear for the third semester examination once again if she goes to a new college for admission with the current TC. The lawyer said they were planning to move an appeal against the single bench’s order either in a division bench or the Supreme Court. Otherwise the judgment will affect the career of a bright student who scored between 80 to 85 percent marks in all semesters, he said. Women’s activists see the verdict as an infringement of the fundamental rights as well as privacy of the students. The court has questioned their decision to live together by citing the age of one of the students. If a person can vote after attaining the age of 18, he can live with a person of opposite sex, they pointed out. Sandhya believes that the court had no reason to poke its nose into the private life of an individual. It doesn’t come into the realm of the constitution, she says. They also view the verdict as a statement against the live-in relationships gaining currency in the state of late. They say that the new generation was increasingly embracing live-in relationships as they are finding the wedded life unsustainable. This is evident from the increasing divorce cases in the state in the last couple of decades. Data compiled by the Government of India shows that Kerala was top among 12 major states in the number of divorce petitions filed in a year. As per the data, over 47,500 cases were disposed of by the family courts in the state in 2014. This works out to over five divorces every hour and 130 every day. The number of divorce cases filed in family courts in the state has been witnessing a steady increase in the last two decades. The number of divorce petitions increased from 8,456 in 2005 to 11,600 in 2009-10. According to the latest report released by the high court, the number of divorce petitions filed in 2015 was 19,208. They feel that one of the major reasons for the new generation to walk out of marriage is the growing incompatibility between couple. A K Jayasree, a renowned feminist activist who embraced live-in relationship 32 years ago, says such a relationship can be a test of compatibility. “If the two find they can carry forward the relationship, there is no harm in legalizing the relationship. But I do not find it necessary for a successful live-in relationship. We have carried forward for 32 years without any problem. We have nothing to worry as our daughter has also followed our path,” she added. Jayashree, who is currently working as associate professor and head of department of the community medicine at Pariyaram Medical College in Kannur district, sees the rising live-in relationships as a rebellion against the traditional marriage that calls for lot of compromises. She said she was personally against marriage as the system of marriage in India is heavily loaded against women. “I find marriages that involve dowry and subjugation of women as one of the biggest social evils in the country today. The system needs change and I hope the rising trend of live-in relationships would trigger the change,” Jayashree added.