Beating students with a stick to enforce discipline is not a crime, Kerala High Court makes important observation

News Topical, Digital Desk : The Kerala High Court has quashed criminal proceedings against a school teacher for caning three students who were fighting in class. The court said the teacher's intention was not to harm the students but merely to enforce discipline.

The court stated that a school teacher has the right to enforce discipline and correct a student. When a parent entrusts their child to a teacher, they consent to grant the teacher such authority over the student.

Important decision of Kerala High Court

Justice C. Pratheep Kumar said that according to the statements of the fifth-grade students, they were fighting with each other in the classroom with sticks, and the math teacher intervened to enforce discipline. It is "unfortunate" that the parents failed to understand the teacher's "good intentions" and this led to this unfair prosecution.

The court stated that the teacher only hit the students on their legs with a cane. None of them required any medical treatment. The court also noted that the incident occurred on the morning of September 16, 2019, but the police were notified at approximately 8:30 pm on September 20, 2019. No reason was given for this delay. The petitioner (teacher) used only minimal force when caning the students.

It is not a crime to use a stick for discipline

In its October 16 order, the court said, "Since the petitioner used only minimal corporal punishment, that too only to enforce discipline in the classroom, it is clear that he had no intention of inflicting more harm on the students than what was necessary to enforce discipline in the classroom. The teacher's action was only to 'reform' the students and 'make them good citizens.'"

The court also cited various earlier orders of the High Court, in which the court had said that when there is no malicious intent on the part of the teacher in administering corporal punishment for the welfare of the student and to maintain discipline, it is not possible to say that any offence under the Juvenile Justice Act is made out. A case was registered against the teacher under Section 324 (voluntarily causing hurt by dangerous weapons) of the Indian Penal Code and Section 75 (cruelty to children) of the Juvenile Justice Act.

Teacher's intention was to reform: Court

The court stated, "When a student does not behave or act in accordance with school rules, and if a teacher administers corporal punishment to improve the student's character and conduct, the court must determine whether the teacher's action was bona fide. In the present case, the teacher's conduct does not constitute any offense."

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