Justice K Babu raised questions regarding the headmistress’s intention to commit a crime under the SC/ST Act. The Court noted that, at most, the teacher may have gone too far in disciplining the student.
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The Kerala High Court granted anticipatory bail to a teacher accused of cutting the hair of a Dalit student during a school assembly, an act that led to the student facing ridicule and mockery from peers. This decision comes after the teacher’s initial plea for anticipatory bail was rejected by a Kasaragod sessions court, prompting her to seek relief from the High Court.
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The teacher, who holds the position of headmistress at Kottamala MGM UP School in Kasaragod, faced charges under the SC/ST (Prevention of Atrocities) Act. The incident that led to these charges involved an 11-year-old student, who belongs to a Scheduled Tribe (ST) community. According to the student’s account, the headmistress cut off his hair in front of the entire school during a morning assembly. This action not only humiliated the student but also resulted in him and his sister feeling hesitant to attend school in the following days.
“I am of the view that the mens rea of the appellant (accused teacher) in the commission of the alleged acts is doubtful. At the most, it could be seen that the appellant being a school teacher having disciplinary control over the victim exceeded in the corporal punishment on the victim. Therefore, I am of the view that there is no prima facie material to attract the offences under the SC/ST (PoA) Act,”
-the judge said.
The student further alleged that the headmistress was fully aware of his ST community status when she decided to cut his hair. This detail is crucial as it suggests a potential violation of the SC/ST Act, which aims to protect individuals from caste-based discrimination and atrocities.
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The Kerala High Court’s decision to grant anticipatory bail to the accused headmistress marks a pivotal moment in this case, reflecting the ongoing legal discourse surrounding the protection of marginalized communities and the responsibilities of educators in maintaining a respectful and inclusive school environment.
[Read/Download Judgment]
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