Suicide of sixth-class student; corporal punishment in schools is cruelty and violation of fundamental rights, says Chhattisgarh High Court

NEW DELHI: Chhattisgarh High Court has termed corporal punishment in schools for disciplining students and stimulating learning as cruelty and violation of fundamental rights. The court also pointed out that corporal punishment to correct children is not part of education.

The court issued the order on the 29th of last month, rejecting the petition of the teacher who was accused of abetting the suicide of a sixth-class student. The petition sought quashing of the FIR and the charge sheet. "Corporally punishing children is a violation of the right to life guaranteed under Article 21 of the Constitution. The right to life also includes a meaningful life. Being a child does not make them less human than adults. They are a priceless national treasure. Children should be tended to with tenderness and care and should not be treated cruelly," said a division bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal.

The accused is Sister Elizabeth Jose (43), alias Mercy, a teacher at Chhattisgarh's Ambikapur Carmel Convent School. The teacher's name was mentioned in the student's suicide note. She was arrested and a case was filed for incitement to suicide.

The teacher's lawyer argued that the student was only reprimanded and the ID card was taken only as a normal disciplinary measure. Although the lawyer argued that the teacher did not intend incitement to suicide, the High Court did not yield.

Classmates gave statements

The prosecution cited the students' statements against Sister Elizabeth Jose. According to the statement of the classmates, the teacher behaved cruelly in such a way as to put the students under mental stress.