KOCHI: Justifying teachers carrying “cane in educational institutions”, the Kerala High Court has held that a preliminary inquiry is necessary before registering any criminal case against a teacher in connection with their actions in a school or college to maintain discipline, good behaviour of students.
The court also asked the state police chief to issue a circular in this regard and added that such a direction is necessary in the present-day scenario of news reports about students using weapons inside educational institutions and taking drugs and alcohol.
“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,” said Justice P V Kunhikrishnan.
The court observed that “for minor punishments by teachers in schools, without any malice, while imparting education or in connection with the discipline and behaviour of a student, the teachers should be protected from criminal prosecution”.
The court said the measure is only to strengthen the education system and to protect the interests of the student community, who are the future of the nation. “No teacher should suffer because he advised a student or gave minor punishments for indiscipline and bad behaviour,” the court observed.
No step should be taken to diminish morale of teachers: High Court
“Of course, a section of parents and students will come with complaints again. Then, the parents will come with a police complaint saying that the teachers pinched, stared, beat, poked, etc. If such complaints are received, police authorities should conduct a preliminary inquiry with notice to the teacher concerned and the aggrieved party, if necessary. In such a stage, no teacher should be arrested,” the court observed.
The police authorities must find the grain from the chaff during the preliminary inquiry. There are people in our society who are interested only in initiating litigation for minor acts, which is to be neglected, it observed.
The court issued the order while granting bail to Sibin S V of Neyyattinkara, a school teacher and an accused in a case for allegedly assaulting a class-6 standard student.
The court said teachers are the unsung heroes of our 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.
Nowadays, criminal cases are registered against the teachers based on the complaints of students or their parents 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,” said the court.