In a significant ruling, Kerala High Court on Sunday said that a teacher who beats his student to enforce discipline cannot be prosecuted for assault.
Justice P Ubaid was considering a petition filed by an aided-school teacher Prince Kurian (47) of Pupathikara in Thrissur, according to The Times of India report.
Prince’s plea was to quash a criminal case registered against him in 2014 by the parent of a 12-year-old girl student.
The complainant alleged that the teacher hurt the student by pressing her finger forcefully since she was not attentive in the class.
The case was being tried under a special court dealing with offences against women and children. Prince was charged for causing hurt (IPC Section 323) and for cruelty towards a child (Section 23 of the Juvenile Justice Act).
“The factual situation is covered by a decision of this court as regards Section 323 IPC that a teacher who just beat his student as part of enforcement of discipline cannot be prosecuted on the allegation of assault, or use of criminal force. Here, I find no scope for proceeding under Section 23 of the JJ Act also,” the court said in the ruling, ToI reports.
The court said that if the prosecution continues, it will badly affect the child’s future as well as the child’s relationship with her teacher.
“Probably, the father unwisely made a complaint, and now he has wisely come to terms,” the HC said.
In a 2005 case, the court had said: “If a corporal punishment is given... in the process of maintaining such discipline, and also to make him or her adhere to the prescribed standards of the school, which are necessary for the upliftment and development of the child, ...it cannot be said to be intended to injure the student.“
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