Kerala High Court Upholds Teacher Authority, Calls for Pre-Inquiry Before Criminal Cases

The Kerala High Court has rationalized the application of cane in schools and held that a pre-inquiry is a must before registering any criminal case against a teacher in relation to their conduct in a school or college in order to preserve discipline, and good student behaviour.

Believing in the adage 'spare the rod and spoil the child', Justice P V Kunhikrishnan said: “Let the teachers carry a cane 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.”

The court has directed the state police chief to issue a circular in this context and stated that it is needed in today's situation where there are instances of students carrying weapons within educational institutions and consuming drugs and alcohol. Recently a student had attacked a teacher on the issue of using cell phone in class.

The court noted that "for minor chastisements by teachers in schools, in good faith, while providing education or in relation to the discipline and conduct of a pupil, the teachers must be safeguarded against criminal prosecution".

The court opined that "no teacher should be made to suffer because he advised a student or gave minor punishments for indiscipline and bad behavior. Of course, a section of students and parents will come with grievances (against teachers) about punishment. If there are grievances, police authorities should make a inquiry preliminary with notice to the concerned teacher and the grievant party, if so required. No teacher should be arrested at such a stage," the court observed.

The court noted this while granting bail to Sibin S V of Neyyattinkara, a school teacher and accused in a case for allegedly assaulting a class-6 standard student.

The court added that teachers are the unseen heroes of our society. "They mold the minds, hearts, and souls of our future generation. No measures should be taken to lower the morale of the teachers' community because they are the backbone of our future generation", the court added.