Teacher punishing student not a crime, says HC in landmark judgment

KOCHI: The High Court on Thursday clarified that it was not criminal for teachers to punish students if the motive was betterment of their academic prospects. Justice A Badharudeen cleared the air saying it was not a crime for teachers to punish students for low marks or as part of discipline. Such acts won’t even come under the purview of the Juvenile Justice Act.

The court was considering a case of an eighth-standard student of Kodanad Thottuva school, who received beating from English teacher for scoring low marks. All legal proceedings against the teacher were quashed.

“The prosecution has not been able to prove that the teacher acted with malice. It does not come under Section 82 of the Juvenile Justice Act and Section 324 of the Indian Penal Code.” said the court.

The case registered by the Kodanad police was pending before the Perumbavoor Judicial First Class Magistrate Court. The teacher then approached the High Court seeking cancellation of the case.

• The High Court went as per the KA Abdul Wahid case, that when the child is enrolled in school, the parent is indirectly transferring permission to punish the child as a part of personality development.

• At the same time, nobody is allowed the privilege to vent their anger on students through physical harm. The age of the child, and the circumstances of the punishment should be considered.

• Teachers should have self-control while taking disciplinary action. The court deemed that the teacher in this case didn’t cross the limit.