Hitting Girl Students On Back, Waist Without Sexual Intent Not Offence": SC Quashes POCSO Case
New Delhi: The Supreme Court recently passed an order stating that hitting minor girl students on their back and waist during class is not an offence under the Protection of Children from Sexual Offences Act, 2012 (POCSO Act).
The top court made the observation while quashing a POCSO case against a school teacher accused of hitting girl students in the specified areas. While hearing the case, a bench of Justices Ujjal Bhuyan and Atul S Chandurkar noted that the students’ statements did not indicate that the teacher had touched them with sexual intent. The court pointed out that touching girl students with sexual intention is necessary to constitute sexual assault under the POCSO Act.
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However, the court admitted that the teacher’s use of corporal punishment was inappropriate and that he should have been more sensitive while dealing with girl students. It further underlined that the teacher’s conduct alone could not justify prosecuting him for aggravated sexual assault under the POCSO Act.
The case was regarding complaints about Geography teacher Bhaskar Paul. He was booked under POCSO for allegedly rubbing backs and pinching waists of girl students. Students alleged that the teacher hit them for not learning lessons. The court, however, quashed the case, ruling POCSO case needs sexual intent.
The court further noted that the teachers’ acts amounted to corporal punishment, not sexual assault.
