Love is blind; don’t expel students for falling in love: HC tells college

Kochi, Jul 22: The freedom and privacy of individuals should be respected and educational authorities have no right to impose ‘moral paternalism, ruled the high court of Kerala while quashing the decision of a professional college in Kerala to expel two students a – 20-year-old girl and a 21-year-old boy – for a love affair.

"Love is blind and an innate human instinct. It is all about individuals and their freedom', the court said in its verdict. In the absence of evidence that the affair had in any way affected a congenial environment for learning, no action can be taken on the ground of indiscipline, the court said.

The court issued the orders on a petition filed by Malavika Babu, BBA student at CHMM College for Advanced Studies, Varkala, and her senior Vyshak challenging the decision of the college. The college authorities as well as parents of the two students had objected to the affair, following which Malavika eloped with Vyshak.

A man-missing complaint was lodged by Malavika’s mother and later police produced the two before a magistrate. The parents of Malavika eventually retracted and supported her marriage to Vyshak.

The court said that the right of a management to administer an educational institution also includes the power to impose discipline among students to secure the objectives of education. “But that does not mean the authority can impose moral paternalism upon students notwithstanding their disagreement to such values of the authority. The campus of the educational institution must be a place of neutral value leaving moral choice to the discretion of students to uphold freedom and to overcome personal biases,” the court said.

Syam J Sam, counsel for the petitioners, submitted that Malavika wanted to continue BBA in the college, but Vyshak has decided to discontinue the course and sought return of his academic records retained by the college. The court directed Kerala University to readmit Malavika within two weeks and directed the college to return the records of Vyshak.