Kerala High Court quashes case against teacher for beating student

The Kerala High Court recently quashed a criminal case filed against a teacher for beating a seventh standard student with a stick after the student verbally abused the teacher [XXXXX v State of Kerala & anr]..In doing so, Justice A Badharudeen also lamented that teachers nowadays live in fear of facing criminal cases or arrests if they try to discipline disrespectful students. The judge noted that the situation today is a far cry from the guru-shishya (teacher-student) bonds referred to in the Hindu epic, 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 putting his legs on top of his classroom desk, "as if he were sitting at home." The student, in retaliation, uttered an abusive word at the teacher prompting her to beat him with a stick. The student said that the teacher caught him by the ears and hit him with a stick, causing injuries..The Court, however, observed that it was not fair to accuse the teacher of causing unnecessary harm or suffering as defined under Section 75 (which punishes cruelty to children) of the Juvenile Justice Act and that the child had not suffered 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. .The Court further drew on the cultural history of the guru-shishya bond referred to the ancient Mahabharata story of Ekalavya and Drona. The Court proceeded to express concern over the departure from such student-teacher relations in the modern world. "Some of the students are in the habit of not respecting the teachers and every therapeutic restorative instruction given by the teachers and punitive steps taken by the teachers with bona fide intention, as part of their duty, are given the colour of serious non-bailable offences with a view to detain them in custody," the Court added.The judge flagged concern that if this trend continues, it could threaten the smooth functioning of education institutions."This situation may lead to dangerous consequences. If the present scenario continues, how a disciplined young generation to be nourished, is a shocking factor," the Court said. .The Court eventually quashed all criminal charges against the teacher, who had earlier been booked under Section 324 (hurt) of the Indian Penal Code and under the JJ Act. "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..[Read Order]