The Kerala High Court has ruled that a criminal case will not stand against a teacher for beating a student if the intention is to guide the students towards academic improvement. However, the court added that if a teachers exceed their authority and cause serious injuries or physical assault, then the penal provisions of the Juvenile Justice Act would apply.
The court issued the order in response to a petition filed by Jomi, an English teacher named and the principal of St Joseph School, Thottuva, seeking to dismiss the case, The New Indian Express has reported.
“The teacher had no malafide intention while beating the student or his intention was to guide her by alerting her to the necessity of studying well and securing high marks in the subject,” the court said.
The court emphasised that if teachers were penalised for taking simple disciplinary measures to maintain order in schools or educational institutions, it could jeopardise the discipline of the institution.
The petitioner argued that the act of disciplining the student, done within the implied authority given by the parents and with genuine intent to guide the student, should not be considered an offence under Section 75 of the Juvenile Justice Act.
As per the report, the teacher was accused of beating a 13-year-old Class VIII girl after she failed to secure fair marks on a test paper. The court noted that despite the allegation of physical punishment, no serious injuries were sustained.
The Kodanad police had filed a case against the teacher under Section 324 of the IPC and Section 82 of the Juvenile Justice Act.
