Preliminary probe a must before lodging cases against teachers for disciplining students: Kerala High Court

The Kerala High Court recently opined that preliminary inquiries must be conducted before registering criminal cases against teachers for any act taken to discipline students in educational institutions [Sibin SV v State of Kerala]..Justice PV Kunhikrishnan opined that this is necessary to ensure that teachers are not unfairly targeted. "I am of the considered opinion that if a parent or student files any complaint against a teacher alleging any criminal offence committed inside an educational institution, a preliminary enquiry should be conducted to ascertain whether there exists a prima facie case for proceeding with the matter," Justice Kunhikrishnan said. The Court added that in such cases, the accused teachers must not be arrested during the preliminary enquiry."The State Police Chief will issue the necessary circular/order in this regard forthwith at any rate within 1 month from the date of receipt of this order," the Court ordered..The Court observed that this direction was necessary in a day and age when students are reported to be coming to school with weapons, using drugs, threatening teachers, and even attacking them. The Court stressed that the traditional respect due to teachers must be restored and that teachers should be given some leeway in enforcing discipline for the greater good of the student community.In this context, the Court opined that teachers should also be allowed to carry canes with them in schools, not necessarily to use them on students but to create a psychological effect that may discourage students from misbehaviour."Let the teachers carry a cane in their hand while they are in educational institutions, if they intend to do so. It need not be used always, but the mere presence of a cane with teachers will create a psychological effect in the student community by discouraging them from doing any social evils.".Teachers cannot teach their students under the threat of registration of criminal cases.Kerala High Court.The judge further pointed out that there is a growing trend of criminal complaints being lodged against teachers and that many teachers hesitate to enforce discipline due to the fear of such prosecution.The judge acknowledged that some teachers may engage in misconduct. However, he added that the entire teaching community should not be maligned on account of such instances."Nowadays, criminal cases are registered against the teachers based on the complaints of their students or the parents of their students alleging misbehavior, assault, etc. There may be rare cases in which some teachers might have committed some offences. But, for that reason, the entire teaching community cannot be blamed. They cannot teach their students under the threat of registration of criminal cases," the March 10 ruling said. The Court added that teachers who discipline students with minor punishments should be protected from criminal prosecution. "This is only to strengthen our education system and also to protect the interests of the student community, who are the future of our nation. No teacher should suffer because he advised a student or gave minor punishments for his indiscipline and behaviour," it said..The Court went on to observe that some parents file complaints over minor incidents, alleging that teachers have pinched or stared or beaten their child. To tackle such concerns, a preliminary inquiry is a must when criminal complaints are lodged against teachers, the Court said."It is the duty of the police authorities to find out the grain from the chaff during the preliminary enquiry. There are people in our society who are interested only in initiating litigation for minor acts, which is to be neglected," the Court said.The Court further noted that teachers are the unsung heroes of society."They shape the minds, hearts and souls of our future generation. No steps should be taken to diminish the morale of the teachers' community because they are the backbone of our future generation.".The Court made these observations while granting bail to a school teacher accused of assaulting a sixth-standard student with a cane. The complaint was filed by the child's parent, who alleged that the teacher had acted out of enmity after the student spread rumours about the teacher being responsible for his own child's death in a road accident.The teacher denied the allegations and later moved a bail plea before the Court. He argued that the allegations against him were false and that the student was retaliating after the teacher advised him to study harder.The Court eventually granted him bail on the condition that he cooperates with the investigation..The bail applicant, Sibin was represented by advocates MR Sarin, Parvathi Krishna, Swetha Das, Ahsana E, and Aiswarya Menon.Senior Public Prosecutor Noushad KA appeared for the State..[Read Order]