If A Teacher Beats, Punishes A Student, Then It's Not A Criminal Offense: Mumbai High Court


Rohit Kulkarni

Rohit Kulkarni

Feb 13, 2023


The Bombay high court in Goa overturned the conviction of a primary school teacher who had been sentenced to one day in jail and a fine of 1 lakh for allegedly ‘beating’ two school children with a stick and ruled that a teacher reprimanding or administering some reasonable punishment on a child in order to maintain discipline in a school would not constitute an offence.

If A Teacher Beats, Punishes A Student, Then It's Not A Criminal Offense: Mumbai High Court

Details of the incident:

“This incident is quite normal in a primary school. In order to discipline the students and to inculcate good habits, the teacher is bound to act accordingly and sometimes be a bit harsh,” the high court single judge bench of Bharat Deshpande, ruled.

“The students are admitted in the school for not only the purpose of teaching but also to learn other aspects of life which include discipline. The purpose of the school is not only to teach the academic subjects, but to prepare such students in all aspects of life so that in future he would be a person of good behaviour and nature,” the high court observed.

Two sisters, five and eight years old, were accused of being “beaten” by their teacher in 2014 because the younger girl continued to drink water from another student’s bottle after she had finished her own. She claims that the teacher also allegedly “beat” her sister with a ruler when she came from another class to check on her. “It seems that [the younger child] consumed water from the bottle of another student which is certainly against the discipline of the school and bound to receive complaints from parents of other students.

What did high court say?

Being a teacher, the accused is required to act appropriately in such situations. If the students are unable to comprehend the instructions and are repeatedly making such mistakes, the teacher may occasionally need to use reasonable force to maintain discipline in her own class, the court ruled. The high court also observed that owing to conflicting witness statements over whether a stick or ruler was used, the use of the stick couldn’t be conclusively established.

“As far as use of ruler or stick by the accused is concerned, the same has not been sufficiently established. Therefore, there is a serious doubt about the use of any ruler or stick by the accused on that day,” the judge said.

“Teachers are respected in society the most. They are the backbone of our education system. If the teachers are under fear of such allegations for trivial matters and more specifically while correcting children, it would be difficult for conducting schools thereby giving proper education and more specifically maintaining discipline. A civilised society needs a civilised young generation which would respect each other and would be considered as a future generation of the nation,” high court also said.

The teacher was earlier convicted by the Goa Children’s Court via an order passed back in 2019.


Rohit Kulkarni
Rohit Kulkarni
  • 1114 Posts

Subscribe Now!

Get latest news and views related to startups, tech and business

You Might Also Like

Education
Oct. 27, 2022

Byju’s Fires 170 Employees In Kerala; They Ask Minister To Intervene & Stop These Terminations

A group of employees from Byju’s on October 25 met Kerala labour minister V Sivankutty, accusing the company of forcing more than 170 staff to resign, as it plans to discontinue operations in Thiruvananthapuram. Minister stepping in The group approached Prathidhwani, a welfare organisation of techies for help. Prathidhwani requested Sivankutty to step in and […]

Education
Sep. 18, 2022

Indian Students Who Went To Ukraine Had Poor NEET Score; Can’t Be Allowed To Study In Indian Colleges

The government told the Supreme Court that Indian students who were studying in Ukraine but had to return home due to the war cannot be accommodated in Indian universities. There was no provision for it in the National Medical Commission Act. Background Thousands of Indian students studying MBBS in Ukraine had to abandon their studies […]

Education
Aug. 29, 2022

Delhi Has Maximum Fake Universities; UGC Names These 21 Fake Universities In Delhi, UP, Bihar

The University Grants Commission (UGC) has named 24 “self-styled” fake universities and has found two more in violation of norms. The state-wise details are available on UGC’s website ugc.ac.in. Delhi Delhi has the highest fake universities at eight. They are- All India Institute of Public & Physical Health Sciences Commercial University Ltd. Daryaganj United Nations […]

Education
Jul. 31, 2022

All Govt Schools Will Be Converted Into Co-Ed In This State: But Why?

The Assam cabinet has decided to convert all all-girls government schools in the state to co-ed schools. Turning co-ed This is reportedly a step to ensure gender equality. Education minister Ronoj Pegu said that except a few schools with historical background, all government-run girls-exclusive schools in the state will be converted into co-educational ones. Math […]

Recent Posts

Related Videos

   

Subscribe Now!

Get latest news and views related to startups, tech and business

who's online