Kerala High Court Backs College Lovers Expelled For Eloping Giving Reason That ‘Love Is Blind’

2:02 pm 23 Jul, 2018

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We live in a society where love marriages are still frowned upon by many families and Indian parents tend to oppose the decision of their children to marry someone they love. So, evidently, the lovers are left with no other choice other than eloping. Incidentally, two students from the Varkala CHMM College for Advanced Studies, Trivandrum, Kerala decided to make their own destiny as they eloped from their homes after facing restriction from their parents. However, things didn’t turn out the way they should and they were caught. But unexpectedly, Kerala High Court played the role of cupid in their relationship!

Apparently, BBA students Malavika, 20 and her senior Vyshak, 21 had planned to elope after parents objected to their affair. Later when Malavika’s mother filed a missing complaint, the couple was produced before the magistrate. Surprisingly, the parents of the girl retracted their complaint and later stood by her during the court marriage. Incidentally, Malavika and Vyshak are married now.

 

 

But unexpectedly, their college expelled the couple with the allegation that their actions have affected the classes and the congenial environment of the college. In order to retaliate to the college’s decision, the two had to file separate petitions with the Kerala High Court directing the college to allow the girl to continue the course and return the academic records of the boy.

The judge at the Kerala High Court said that the role of the court, in this case, is to recognize the freedom of the individuals to have a choice and not to endorse the moral choices of the college or the students.

 

 

Justice Mustaque at the court said,


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“What concerns the court is whether the action has any nexus with the object for which such power is conferred. The right to privacy is an element of human dignity which includes the right to make an essential choice which would affect their course of life as declared by Supreme Court in KS Puttaswamy Vs Union of India (case).”

 

Due to the lack of pieces of evidence and materials, the Kerala High Court quashed the decision of the college and supported the petitioners such that the girl could continue her education. The court also said:

“The right of management to administer an educational institution would also include the power to impose discipline among pupil to secure the objective standards of education. But that doesn’t mean the authority can assume the role to impose moral paternalism upon students notwithstanding their disagreement to such values of the authority. The educational institution’s campus must be a place of neutral value, leaving the moral choice to the discretion of students to uphold freedom of the latter and overcome personal biases.”

 

 

Later, considering that the college failed to understand the intimate personal relationship and privacy of individuals, the Kerala High Court said:

“Love is a blind and an innate humane instinct. It is all about the individuals and their freedom.”

The court ruled out the judgment that no action can be taken on the grounds of indiscipline caused by the couple in the college.

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