If the teacher forces the students to follow the rules without any bad intention, then it is not a crime. The Kerala High Court has given directions on this topic.
Recently, the Kerala High Court ruled that the use of reasonable force by the teacher to enforce discipline on the students, without any malicious intent, making them liable for any offense, shall not be classified as an offense.
This is the case, a school teacher beat up a student at her fault, due to which she suffered minor injuries. A division bench of Kausar Edappagath acquitted a teacher.
Earlier, this matter was brought in the Lower Court, in which the teacher was named as the accused. But the High Court ruled that there was not enough evidence to proceed against the teacher, so she was not guilty.
TK Sanseedaran and TS Shyam Prashanth counsel for the petitioner, submitted before the court that the false allegation has been made against the teacher, as there is insufficient evidence against the teacher and the petitioner was trying to hit the student on the elbow, but by mistake, The cane hit the student in the face, and the teacher only did his duty and did not intend to hurt the student.
After hearing the arguments of the lawyers, the court said that if there is serious doubt, it can proceed further against the petitioner, but if the prosecution does not have proper evidence to prove the petitioner guilty, the court did not proceed with the trial.
The court held that the teacher had no intention of hurting the student, but only wanted to control the noisy class.
Further, the court also pointed out that disproportionate punishment to children is forbidden but clarified that teachers and parents can use a reasonable amount of force to control children without any ill-intentioned intention.
The High Court Division Bench referred to the example of Pramila Gergod v State of Kerala, which held that the applicable nature of punishment/force corporal would determine whether action could be taken against the teacher.
Pronouncing further the verdict, the teacher was acquitted of all charges.
