News By/Courtesy: Anusha G Rao | 05 Jan 2019 12:37pm IST

HIGHLIGHTS

  • HC observed that, parents, teachers and other persons in ‘loco parentis’ or parental capacity can use reasonable force to discipline their children or pupil who is old enough to understand the purpose
  • In the instant case, the teacher was alleged to have jabbed a student of Class II for committing mistakes in a mathematics class.
  • The Court however noted that the teacher had not used any cane or such instruments of offence nor had left bodily harm or injuries on the child and the child had not shown any form of discomfort.

The Kerala HC has recently dismissed a criminal case against a school teacher for punishing a student. The HC observed that, parents, teachers and other persons in ‘loco parentis’ or parental capacity can use reasonable force to discipline their children or pupil who is old enough to understand the purpose of such act. 

In the instant case, the teacher was alleged to have jabbed a student of Class II for committing mistakes in a mathematics class. The parent of the child thus filed a complaint against the teacher under IPC and Juvenile Justice Act. The police thus filed a final report and the Judicial Magistrate took cognizance of the same. 

The teacher argued that the punishment was inflicted in good faith and thus the complaint be quashed. However, the Public Prosecutor alleged that a teacher cannot inflict corporal punishment on students. The Court however noted that the teacher had not used any cane or such instruments of offence nor had left bodily harm or injuries on the child. It was also observed that the child had not shown any form of discomfort nor had she cried. Thus, the Court ruled that such punishment was in good faith and for the benefit of the child, which was neither excessive nor immoderate.

 

Section Editor: Shreyashi Tiwari | 05 Jan 2019 12:40pm IST


Tags : #Kerala #HC #Teacher #Reasonable #Force #Used #Students

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