KOCHI: The Kerala High Court has stopped the police case against a school teacher who used a cane (stick) on three of his students. The students were fighting each other in the classroom. The court said the teacher only meant to keep order (enforce discipline) and did not intend to hurt them.
Justice C Pratheep Kumar noted that the 5th-grade students said they were fighting with sticks in the classroom when the Maths teacher stepped in “to enforce discipline.”
The court pointed out that the teacher only hit the students on their legs. None of them needed any medical help, and there was no proof that anyone was physically injured.
The court also noted that the incident happened on the morning of September 16, 2019, but the police were only told about it late in the evening of September 20, 2019.
“No reason was given for the delay… the teacher used only a minimal amount of force when caning the students. Since the teacher used only minimal physical punishment, and only to enforce discipline, it is clear he did not intend to hurt the students more than was needed to keep order in the class,” the court said in its October 16 order.
The court added that the teacher’s action was just for “correcting” the students and “to make them good citizens,” meaning “he acted properly within his limits.”
The court said it was “unfortunate” that the parents did not understand the teacher’s “good intention,” which led to this unnecessary legal action. Justice Kumar also mentioned past High Court orders that ruled that if a teacher physically punishes a student with a good motive (not malicious) for the student’s well-being and to keep discipline, it is not considered a crime under the Juvenile Justice Act.
The teacher was charged with causing hurt with a dangerous weapon (IPC Section 324) and cruelty to a child (Juvenile Justice Act Section 75).
The court further stated that a school teacher, because of their position, has the authority to enforce discipline and correct a student under their care.
“When a parent leaves a child with a teacher, they automatically agree that the teacher can use that authority over the student. If a teacher gives physical punishment to a student to improve their character and behavior, the court must check if the act was done honestly (bona fide). If it is found that he acted with a good intention, only to correct the student, he is within his limits,” it stated.
The court concluded that the teacher’s behavior in this case does not count as any crime, including those under IPC 324 and JJ Act 75. Therefore, the request to stop the case against the teacher was “well founded.” The court then cancelled all further legal proceedings against the teacher.
With input from TNIE
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