The Kerala High Court has quashed the criminal proceedings against a school teacher for caning three students who were fighting among themselves in the classroom, saying his intention was not to hurt the students but only to enforce discipline.
Justice C. Pratip Kumar said that as per the statement of the class five students, they were fighting with each other with sticks in the class and at that time the mathematics teacher intervened to ‘enforce discipline’. The court said that the teacher caned only the students’ legs, none of them required any medical treatment and there was no evidence that any of them suffered physical injury in the incident.
The court also observed that the incident occurred on the morning of September 16, 2019, but the police was informed about it at around 8.30 pm on September 20, 2019. The court said, ‘No reason was given for the above delay. The petitioner (teacher) has used only minimal force while lathi-charging the students.
“Since the petitioner had used only minimal corporal punishment, that too only to enforce classroom discipline, it is clear that he had no intention of causing injury to the students beyond the extent necessary to enforce classroom discipline,” the court said in its October 16 order.
The court further said that this step of the teacher was only to improve the students and make them good citizens. The court said that it was unfortunate that the parents could not understand the ‘good intentions’ of the teacher and hence this unfair trial was conducted.
Justice Kumar also cited various prior orders of the High Court, in which the Court had held that when there is no malicious intention 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 an offense under the Juvenile Justice Act is made out.
The teacher was booked under Section 324 of the Indian Penal Code (voluntarily causing hurt by dangerous weapons or instruments) and Section 75 (cruelty to children) of the Juvenile Justice Act.
The court said, ‘When a student does not behave or act appropriately as per the school rules, and if the teacher gives him corporal punishment in order to improve his character and conduct, the court has to find out whether the said action of the teacher was bona fide or not. If it is found that he acted only with the intention of correcting or improving the student, then he is within his limits.’