In
an incident in Kerala, a high school has suspended a class XII boy and a class
XI girl for hugging in public after her
performance in a competition. A legal tussle followed with the intervention of
the Kerala State Commission for Protection of Child Rights (CPCR) which
recommended the school to readmit the boy. The School authorities moved the
Kerala High Court questioning the capacity of the Kerala State CPCR to
intervene in the disciplinary matters of the school. Justice Shaji P. Chaly who
heard the proceedings has passed the judgment
upholding the ultimate authority of the school to maintain its discipline and
moral order on 12th December
2017.
The
objective of this article, however, is
not to get into the legal aspect of the rights of the school and the CPCR. It
is to expose the hypocrisy of the society around the interactions of teenagers
of the opposite gender under the mask sewed out of constricted notions of
sexual morality. It is interesting to
find that all the parties involved in the case despite arguing for different
ends, share a unique belief that romantic involvement is ‘immoral.’ A
critical analysis of the arguments made by petitioners, respondents and the
Justice of the Kerala High Court himself as laid out in the judgment serves the
objective.
All
hell broke loose when the boy hugged the girl in front of other students and
teachers as a congratulatory gesture. The teacher who has witnessed has
submitted that “she was shocked to see the incident, and she has not experienced any such public display of affection.” Not surprisingly, the school authorities
also condemned the action as ‘immoral’ and deemed it fit to punish the
students by asking them not to attend the school henceforth. In an egoistic
attempt to establish an evidence of romantic involvement, the school
authorities went to the extent of stalking their Instagram accounts by invading
their privacy. It is disappointing to find Mr. Justice himself endorsing the
allegations of obscenity in the pictures. To quote, “I find that various
photographs were posted in the Instagram in various compromising
positions…”
On
the other hand, the counter-arguments reflect no different morals. The boy’s
father has submitted to the court that “there was no evil intention or any
other design on his part, apart from congratulating her.” Though the Kerala
state CPCR condemns the claims of obscenity in the pictures and defends the
students’ right to privacy, it stands in no different position. The following
statement is indicative of that: “the pictures were...further not visited with any bad intentions or motives, but
again captured in a very conducive and peaceful atmosphere.” The intention here
refers to the intent of romantic involvement.
Besides, at the heart of the sexual morality lie the stakes of
reputation and public shame. One of the principal grounds
that the Kerala State CPCR has invoked in its recommendation to the school has
been that the “parents suffered…ignominy.”
Mr. Justice also believes that the pictures “tarnish the reputation” of
the boy and the girl and “if it had the effect of publicity, the issue definitely hampers the reputation of the
school.” The judgment also says “there
can be no doubt that such incidents can disturb parents and the students of the
school and even the public at large.” The
boldness of the students has indeed outraged the sexual morality of the
hypocrites.
This
incident exposes the hostile and stressful environment in which the teenagers
of the opposite gender are forced to interact with each other. Many schools do not even allow boys and girls
to talk to each other. In another incident in Kerala, a girl was made to sit
with boys as a punishment. She was teased and embarrassed by other students.
When her elder sister questioned it, the teachers shouted at her which has led
to her committing suicide. This gender segregation breeds fear and hypocrisy
among the students. Such an atmosphere creates enormous stress for the teenagers who start experiencing
drastic changes in their biology and emotional needs. They enter into frequent
conflicts with parents. Hence, understanding
teachers and peers form the source of comfort. It is also necessary to impart
rigorous sex education. In an essay on ‘The taboo on sex knowledge,’ Bertrand Russell writes “ignorance on
such matters is harmful to the individual, and therefore no system whose
perpetuation demands such ignorance can be desirable….sexual
morality…must…commend itself to well-informed persons and not to depend upon
ignorance for its appeal.”
I
shall extend my argument one step further and claim that it is high time Indian
society should provide a healthy and conducive atmosphere for the teenagers to
discover their sexuality and romantic desires. Professor Wyndol Furman in the
Psychology department at Denver University, argues that teenagers find positive
emotionality only with the opposite gender. Romantic involvement at this stage
forms a fundamental step in the construction of their identity, self-esteem, and confidence. Often, lack of such experiences
directly affects an individual’s sexual
practices in the adult stage. Russell in fact, mentions an instance where a
sexually inexperienced individual cannot distinguish between sex-hunger and
love, and this has dangerous consequences to their emotional vulnerability and
commitments.
In
light of this discussion, it is horrendous to see that the judgment, in this case, recommends the school to
consider imposing a fine on the boy’s parents so that it can act as a “deterrent
to the students, and a precaution to avoid similar incidents.” This
regressive verdict is a wakeup call to
all of us to recognize the adolescent needs and spread awareness about it. Teenage
stress due to moral policing in educational institutions and families need
urgent attention.
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