By South First Desk South First Deskpublish
Kerala HC: Corporal punishment by teachers unlawful, cannot be justified as discipline
The observations came while quashing two criminal cases鈥攐ne involving a teacher allegedly caning a nine-year-old in Baheri and another accused of hitting a six-year-old in Kodungalloor
The Kerala High Court has ruled that teachers cannot claim the right to physically punish students, firmly stating that corporal punishment is not a lawful method of discipline.
Justice C. Jayachandran, delivering the judgment, clarified that while such actions lack legal sanction, not every incident qualifies as a criminal offence unless it involves malicious intent or causes serious harm.
The observations came while quashing two criminal cases鈥攐ne involving a teacher allegedly caning a nine-year-old in Baheri and another accused of hitting a six-year-old in Kodungalloor. However, the court refused to dismiss a third case where a temporary teacher allegedly struck a student with a PVC pipe during a dance practice. Though charges such as assault with a weapon were dropped, police were instructed to refile appropriate charges based on evidence.
The court referenced key legal frameworks, including the Right to Education (RTE) Act, Juvenile Justice (JJ) Act, UN Convention on the Rights of the Child, and guidelines from the National Commission for Protection of Child Rights (NCPCR), stressing that teachers must act with care and sensitivity. It also ruled that Section 75 of the JJ Act, relating to cruelty to children, does not apply to schools, contrary to government claims.