Kochi: The Kerala High Court has directed that if a student or parent files a complaint against a teacher alleging the commission of a criminal offence inside an educational institution, the educator shall not be arrested till a preliminary inquiry is conducted to ascertain if a prima facie case exists.
Observation Made By Justice P V Kunhikrishnan
Justice P V Kunhikrishnan said that such a direction was necessary in the “present-day scenario” where students use weapons, alcohol and drugs inside educational institutions.
“The behaviour of the young generation in our state is alarming. They are involved in serious criminal cases, and some of them are even addicts of drugs and alcohol.
“Nowadays, news reports are coming in which the students are threatening the teachers and they are physically attacking or even gheraoing the teachers. This tendency is to be discouraged,” the court said.
The direction came while granting anticipatory bail to a teacher accused of beating one of his students with a cane.
While granting the relief, the court also said that teachers should be permitted to carry canes in their hand when they are in educational institutions.
“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,” the court said in its order of March 10.
It further said that for giving minor punishments, without any malice, in connection with a student’s discipline and behaviour, the teacher 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.
It further observed that when a student is “pinched or pushed or poked without any malice”, criminal cases are registered against the teachers, based on the complaint of the parents or students.
“This should be stopped. Otherwise, the teachers cannot do their duties.
“.. 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,” it said.
The court said that a notice can also be given to the teacher for conducting the preliminary enquiry, “but he shall not be arrested during the period of the preliminary enquiry”.
“The State Police Chief will issue the necessary circular or order in this regard forthwith at any rate within one month from the date of receipt of this order,” the court directed.
It noted that nowadays teachers were wary of taking any action regarding a student’s behaviour or discipline out of fear that a criminal case may be lodged against them.
The role of a teacher was important in the mental, physical and educational development of a student and there ought not to be any threat of registration of criminal cases like a Damocles sword over their heads.
“I am not saying that all teachers are saints. In all walks of life, there are people with some bad behaviour. For that reason alone, the teacher community should not be under threat of registration of criminal cases when the child is advised or given small punishments for better future.
In order to do the duties of the teachers, the society should give some freedom to the teachers and such an atmosphere should be created in the schools,” it said.
In the instant case, the court directed the teacher to appear before the investigating officer (IO) within two weeks and undergo interrogation.
It said that if the IO proposes to arrest the teacher after interrogation, then he shall be released on bail on executing a bond for a sum of Rs 50,000 with two solvent sureties each for the like sum.
The court also directed the teacher to cooperate with the probe and not, directly or indirectly, intimidate or influence witnesses in the case.
The observation and directions came on the teacher’s plea seeking anticipatory bail in a case against him for allegedly assaulting one of his students with a cane and causing serious injuries to the child.
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