Love is blind. And the choice lies within us whether to be ‘blind’ or not and neither can others discriminate the lovers over their choice.
A college in Kerala had dismissed a couple for falling in love, eloping and marrying each other.
Describing love as “a blind and an innate humane instinct,” the Kerala High Court quashed the college’s decision to oust the married couple.
The court issued the order on the petition filed by BBA student Malavika Babu, 20, at Varkala CHMM College for Advanced Studies and her senior Vyshak, 21, challenging the decision of the college.
The couple had fallen in love, to which the girl’s parents and the college were against. Finding them as barriers, the couple decided to elope. Malavika’s mother lodged a man-missing complaint following which the police produced them before the magistrate. However, the court set her free as she was not wrongfully detained. Malavika’s parents retracted from the opposition and supported their marriage. Now the pair is husband and wife.
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But the college was not pleased and decided to expel the pair for “breach of discipline”. The two then approached the court since the girl wanted to continue her studies, while her husband sought to collect his academic records that were retained by the institution.
Announcing the verdict, Justice A Muhamed Mustaque said, “Love is blind and an innate humane instinct. It is all about individuals and their freedom. ‘Is love a freedom or fetter’ is the question that is raised in this writ petition in the context of the imposition of academic discipline.”
He added, “The love affair and eloping termed as immoral amounting to a breach of discipline was based on the moral values of the persons in the management. It is a sin for some and not a sin for others. In law, it is the choice of freedom which is the essence of liberty.”
“One to have an affair or not to have an affair with another is a personal choice, and such choice is fundamental to the liberty guaranteed under the Constitution. Choosing a life partner or choosing a way of life is a discretion based on individual autonomy,” the court said, directing the college to allow the girl to study further and return the boy’s certificates.
The order added that the authorities “cannot assume the role to impose moral paternalism upon students notwithstanding their disagreement to such values of the authority”.
“In this case, except bald allegations that petitioners were found engrossed in an intimate relationship in the campus, there are absolutely no records or materials or evidence relied on to arrive at such finding,” it said.
The court directed the college to readmit Malavika within two weeks and directed the college to return the records of Vyshak.
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