Ernakulam : In an order that can have far reaching consequences, the Kerala High Court has ruled that a teacher cannot be charged under criminal sections of law for beating a student if the intention is to guide the student towards academic improvement.
“The teacher had no malafide intention while beating the student or his intention was to guide her by alerting her to the necessity of studying well and securing high marks in the subject” stated the court order.
Justice A Badharudeen issued the order in response to a petition filed by Jomi, an English teacher and the principal of St Joseph School, Thottuva, seeking to dismiss the case.
It was the Kodanad police had initially filed a case against the teacher under Section 324 of the IPC and Section 82 of the Juvenile Justice Act that paved way for the crucial order. The teacher was accused of beating a 13-year-old Class VIII girl after she failed to secure fair marks on a test paper.
The High court pointed out that if teachers were penalized for taking simple disciplinary actions to maintain order in schools or educational institutions, it could jeopardise the discipline of the institution and that could in turn affect the entire educational system as the case would be a point of reference.
“The prosecution has not been able to prove that the teacher acted with malice. It does not come under the section 82 of the Juvenile Justice Act and section 324 of the Indian Penal Code”, said the court.
However, the court also stated that if a teachers exceed their authority and cause serious injuries or physical assault, then the penal provisions of the JJ Act would apply. In this case, the court found that the teacher did not commit an offence under Section 75 of the JJ Act.
In an order that can have far reaching consequences, the Kerala High Court has ruled that a teacher cannot be charged under criminal sections of law for beating a student if the intention is to guide the student towards academic improvement. Kerala States News India: Top News India, States News, States News Headlines, Online State News India, State Politics news
