The Kerala High Court ruled that no criminal cases should be filed against teachers without a preliminary inquiry. It also suggested that teachers be allowed to carry canes in schools for discipline but not for punishment.
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KOCHI: The Kerala High Court said that before filing criminal cases against teachers for actions taken to discipline students, a proper investigation must be done first.
Justice PV Kunhikrishnan explained that this is important to make sure that teachers are not unfairly blamed.
“I am of the considered opinion that if a parent or student files any complaint against a teacher alleging any criminal offence committed inside an educational institution, a preliminary enquiry should be conducted to ascertain whether there exists a prima facie case for proceeding with the matter,”
-Justice Kunhikrishnan stated.
The Court also made it clear that during this initial investigation, the accused teachers should not be arrested.
“The State Police Chief will issue the necessary circular/order in this regard forthwith at any rate within 1 month from the date of receipt of this order,”
-the Court directed.
The Court pointed out that these rules are necessary in today’s world, where there are cases of students bringing weapons to school, using drugs, threatening teachers, and even attacking them.
The Court emphasized that the respect traditionally given to teachers must be restored and that teachers should be given some freedom to enforce discipline for the benefit of students.
In this context, the Court also suggested that teachers should be allowed to carry canes in schools. The Court clarified that these canes are not meant to be used on students but to create a psychological effect that discourages bad behavior.
“Let the teachers carry a cane in their hand while they are in educational institutions, if they intend to do so. It need not be used always, but 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 judge further noted that nowadays, there is an increasing trend of criminal complaints being filed against teachers. Because of this, many teachers hesitate to enforce discipline, fearing legal action.
However, the judge also acknowledged that while some teachers may indeed act wrongly, this should not lead to blaming the entire teaching community.
“Nowadays, criminal cases are registered against the teachers based on the complaints of their students or the parents of their students alleging misbehavior, assault, etc. There may be rare cases in which some teachers might have committed some offences. But, for that reason, the entire teaching community cannot be blamed. They cannot teach their students under the threat of registration of criminal cases,”
-the March 10 ruling stated.
The Court further added that if a teacher gives a student a minor punishment for discipline, they should not face criminal charges.
“This is only to strengthen our education system and also to protect the interests of the student community, who are the future of our nation. No teacher should suffer because he advised a student or gave minor punishments for his indiscipline and behaviour,”
-the Court said.
The Court also observed that some parents file complaints over very small matters, such as teachers pinching, staring, or slightly punishing a child. Therefore, a proper inquiry must be done before filing any criminal case against a teacher.
“It is the duty of the police authorities to find out the grain from the chaff during the preliminary enquiry. There are people in our society who are interested only in initiating litigation for minor acts, which is to be neglected,”
-the Court noted.
The Court highlighted that teachers are the real heroes of society.
“They shape the minds, hearts and souls of our future generation. No steps should be taken to diminish the morale of the teachers’ community because they are the backbone of our future generation.”
The Court made these statements while granting bail to a school teacher accused of hitting a sixth-standard student with a cane.
The student’s parent filed a complaint, alleging that the teacher acted out of revenge because the student had spread a rumor that the teacher was responsible for his own child’s death in a road accident.
The teacher denied these allegations and later applied for bail in Court. He argued that the claims against him were false and that the student had made them up after the teacher advised him to focus on his studies.
Eventually, the Court granted him bail on the condition that he cooperates with the investigation.
The bail applicant, Sibin, was represented by advocates MR Sarin, Parvathi Krishna, Swetha Das, Ahsana E, and Aiswarya Menon.
Senior Public Prosecutor Noushad KA appeared for the State.
CASE TITLE:
Sibin SV v State of Kerala.
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