Ashish Ranjan
In overturning the conviction of a primary school teacher who was sentenced to one day in jail and a fine of 1 lakh for allegedly ‘beating’ two schoolchildren with a stick, the Bombay HC court at Goa ruled that a teacher reprimanding or administering reasonable punishment to a child in order to maintain school discipline would not constitute an offence.
“This incident is fairly common in elementary schools. The high court’s single-judge bench of Bharat Deshpande ruled that in order to discipline the students and instil good habits, the teacher must act appropriately and, at times, be somewhat harsh.
“Students are admitted to the school not only to receive an education, but also to learn about other aspects of life, including discipline.” The purpose of the school is not only to teach academic subjects, but also to prepare the student for all aspects of life so that he will be a person of good character and nature in the future, as stated by the Bombay HC.
In 2014, the teacher was allegedly accused of ‘beating’ two sisters, ages five and eight, because the younger girl drank water from another student’s bottle when her own bottle was empty. When her sister came from another class to check on her, the teacher allegedly used a ruler to “beat” her as well.”It appears that [the younger child] drank water from another student’s bottle, which is certainly against school policy and will likely result in complaints from parents of other students.
As a teacher, the accused is obligated to act accordingly in such circumstances. The court ruled that a teacher must sometimes use reasonable force to maintain discipline in her own classroom if students are unable to comprehend the instructions and repeatedly commit the same errors.
Due to conflicting witness accounts regarding whether a stick or a ruler was used, the high court determined that the use of a stick could not be conclusively established.
“As far as the accused’s use of a ruler or stick is concerned, it has not been sufficiently established.” Therefore, there is substantial doubt regarding the accused’s use of a ruler or stick on that day,” the judge stated.
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“Teachers are the most respected members of society. They serve as the foundation of our educational system. If teachers are afraid of being accused of such trivial offences, particularly when correcting students, it would be difficult for schools to provide a proper education and specifically maintain discipline. “A civilised society requires a civilised young generation that respects each other and is regarded as the nation’s future,” the high court added.
