'Teachers can use reasonable force to students to enforce discipline': Kerala HC

In a noteworthy development, the Kerala High Court recently observed that teachers who use reasonable force on students in a classroom to inculcate discipline shall not be charged with criminal liability. Justice Kauser Edappagath held that a teacher, by means of proportional force and in the absence of malicious intent, can coerce a pupil to get on track and be disciplined.

"Classroom discipline is very important for effective teaching and learning. Thus, a teacher who without malicious intention administers a moderate and reasonable force to a pupil to enforce discipline in classroom/school cannot be exposed to criminal prosecution or fastened with penal liability," the order read.

The observation came to the fore in a case wherein the class teacher was charged under sections 324 (voluntarily causing hurt) of the IPC and 24 of The Juvenile Justice (Care and Protection of Children) Act. In the case at hand, Justice Edappagath stated there was not sufficient finding to define the ill motives of the grade sixth teacher so as to proceed with the case against her.

Facts of the case

The concerned teacher was under legal scrutiny as she had beaten the student with a cane stick aiming to hit the elbow, but when the student suddenly turned his face up, the butt of the same touched his right eye corneal, causing abrasion.

Aggrieved by a trial court order of framing charges against her, the teacher had then knocked on the doors of the High Court. The advocate appearing on behalf of the teacher submitted that she was only discharging her duty and she had no intention to cause hurt as the same was carried out in good faith. 

While mentioning there is not enough ground to proceed against their client, the advocate contended that the teacher was only performing her duty and had intentions to nudge him for his betterment.

On the other hand, the public prosecutors Sangeetha Raja and Advocate Sageer held that the teacher possessed enmity towards him and the thrashing would cause hurt. In view of the facts of the case, the Kerala HC said that the teacher's deed was in the absence of malicious objectives and enmity toward the concerned pupil.

"Parents at home and teachers at school are most important influences in one's life. Parents give birth to a child whereas teachers mould that child's personality and provide a better future. Children have the right to a clean environment at home, school or wherever they are. Safe and secure childhood is the right of every child. Paddling children or inflicting disproportionate corporal punishment on them either by a parent or a teacher is, no doubt, forbidden," the order further read.