The Kerala High Court ruled that the police should conduct a preliminary inquiry before registering a criminal case against a teacher for actions taken to maintain discipline among students. The court made the observation while considering a bail application of a school teacher in Thiruvananthapuram, who allegedly assaulted a student with a cane. The court also observed that the teachers can carry cane, to enforce discipline in the schools.
The bench of Justice PV Kunhikrishnan further said that the teachers can not be arrested during the time of preliminary inquiry, but if necessary, a notice can be issued to the teacher. The police should distinguish false allegations and genuine cases during the preliminary investigation. The court also asked the police chief to issue an order regarding this.
The court also observed that the teachers can carry a cane to the school, if they wanted, not necessarily for use but to enforce discipline. However, the court clarified that causing the child harm or physical suffering is not acceptable. According to TNIE report, while observing this, the said Justice PV Kunhikrishnan said, “The mere presence of a cane with teachers will create a psychological effect in the student community by discouraging them from doing any social evils,”
The court also said that no teacher should be punished for giving minor advice to a student or giving minor punishments for bad behaviour and indiscipline. The court emphasised that the teachers are the unsung heroes of our society and they shape the minds, hearts, and souls of our future generation.
The bench further expressed the concern regarding the behaviour of school students, citing the increasing instances of students engaged in crimes. Recently, a video of a student threatening a teacher surfaced on social media as the teacher didn’t allow him to carry a mobile. In another incident, five school students were accused of killing a student in another school in Kerala.