Kochi, Nov 8
The Kerala High Court, quashing a case against a school teacher for allegedly beating a student in her class, pointed out that teachers are now working under threat of a criminal case being registered against them.
The court's observation came as it took up the petition of a teacher, booked under Section 75 (cruelty to child) of the Juvenile Justice Act and IPC's Section 324 (voluntary causing hurt by dangerous weapons or means) for beating a student.
Quashing the case, the court pointed out that the case against the teacher was that she beat the student after noticing that he was sitting with his leg placed on top of the desk. It also said that the student himself admitted in his statement that he called the teacher an abusive word. Following this, the teacher beat him with a stick and sent him out of the class.
"Now, as I could notice, teachers are in a world of fear, to deal with the students, apprehending registration of criminal cases and detention from behind bars. The teachers are imparting education bearing fear in mind that what to do or what not to do. 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 offence with a view to detaining them in custody," the bench said.
After making this point, the court cited the story of Drona and Ekalavya where Ekalavya gave his thumb, an organ important for his skill, as 'gurudakshina', as it lamented that in the technologically advanced developed world, the teacher-student relationship has become 'upside down'.
It held that the teacher did not do anything intentionally to cause unnecessary mental or physical suffering to the student as it quashed the case against her.