The Kerala High Court recently dismissed a criminal case against a teacher who had allegedly beaten a seventh-grade student with a stick in response to the student verbally abusing the teacher.
In making this decision, Justice A. Badharudeen expressed concern that teachers today live in constant fear of criminal charges or arrests when attempting to discipline disrespectful students. He observed that the current situation starkly contrasts with the revered guru-shishya relationship depicted in the Hindu epic, the Mahabharata.
"When Ekalavya was instructed to offer his right thumb, which is the pivotal organ made him the best in archery, as a token of respect (gurudakshina) for his teacher (Dronacharya), it was given without any hesitation. As the world developed and technologies have been highly advanced, the teacher-student relationship became upside down. Now, as I could notice, teachers are in a world of fear, to deal with the students, apprehending registration of criminal case and detention of them behind bars," the Court said.
In the present case, the Court noted that the teacher had initially asked the student why he was resting his legs on the classroom desk "as if he were sitting at home." In response, the student verbally abused the teacher, which led to her striking him with a stick. The student claimed that the teacher had pulled him by the ears and hit him, resulting in injuries.
However, the Court observed that it would be unjust to accuse the teacher of causing unnecessary harm or suffering under Section 75 of the Juvenile Justice Act, which addresses cruelty to children. The Court further noted that the student did not sustain any serious injuries.
"In this case, it is not fair to hold that the teacher done anything with intention to cause unnecessary mental or physical suffering to the student. Even she simply beat the student only when she was abused by the student. Thus, the factual matrix of this case makes no offence under Section 75 of the JJ Act," the Court said.
"Only when the student used abusive word against the teacher, the teacher beat the student and the same did not cause any injuries or sufferings," the Court reasoned.
Advocate Rajit represented the teacher. Public Prosecutor P Prasanth represented the State.
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