No Criminal Case Against Teachers If Intention For Beating Was Academic Improvement: Kerala High Court
The Kerala High Court issued an order regarding filing criminal cases against teachers for beating students. The court said that a criminal case would not be against the teacher if the intention behind the beating was towards academic improvement of the student. The High Court Judge Justice A Badruddin issued an order in response to a petition filed by Jomi, an English teacher and the principal of St Joseph School, Thottuva, seeking dismissal of a case filed against the teacher.
The teacher was accused of beating a 13-year-old girl studying in class 8th after she failed a test paper. The Kondana police filed a case against the teacher under Section 324 of the IPC and Section 82 of the Juvenile Justice Act. The court observed that no serious injuries were sustained.
The petitioner argued that the act of disciplining the students was done within the implied authority given by the parents and with a genuine interest in guiding the student. Hence, this should not be considered an offense under section 75 of the Juvenile Justice Act.
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The court said that the intention of the teacher was not malafide while beating the children and he intended to guide the student by alerting her to study well and secure high marks in the subject. The court further added that if teachers are penalized for taking disciplinary measures to maintain order in the school then it could jeopardize the discipline in the institution.
Justice Badruddin also said that if a teacher exceeds the jurisdiction and causes serious injuries or physical assault, then the penal provision of the JJ Act will apply. In the given case, the court found that the offense did not come under Section 75 of the JJ Act as no serious injury had been found.
