"Some Students Not In The Habit Of Respecting Teachers": Kerala High Court Quashes Case Against Teacher For Hitting Student

The case against the teacher was that he beat the student after noticing that he was sitting in the class placing his leg on top of the desk. It is also alleged that the teacher caught hold of his ears. The teacher approached the High Court to quash the case.

The court noted that student itself said in his statement that he called the teacher an abusive word. As per his statement, the teacher beat him using a stick after that and sent him out. The petitioner submitted before the court that the student had not suffered any serious injuries.

The Court observed that teachers nowadays are working under the threat of a criminal case being registered against them.

“Now, as I could notice teachers are in a world of fear, to deal with the students, apprehending registration of criminal case 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 detain them in custody.”

The Court after narrating the story of Drona and Ekalavya where Ekalavya gave his thumb, an organ important for his skill, as gurudakshina lamented that in the technologically advanced developed world, teacher-student relationship has become 'upside down'.

The Court held that the teacher did not do anything intentionally to cause unnecessary mental or physical suffering to the student. Accordingly, the Court quashed the case.

Counsel for the Petitioner: Adv. Rajit

Counsel for the Respondent: Public Prosecutor Adv. M. P. Prasanth

Case No: Crl.M.C. 6527 of 2024

Case Title: XX v State of Kerala and Another

Case Citation: 2024 LiveLaw (Ker) 703