The Kerala High Court quashes the case against the teacher for hitting a student

The case against the teacher was that he hit the student after noticing that he was in the classroom after putting his leg on the desk. It is also claimed that the teacher held his ears. The teacher approached the Supreme Court to quash the case.

The court notes that the student himself says in his statement that he called the teacher a swear word. According to his statement, the teacher then hit him with a stick and sent him away. The applicant argued to the court that the student did not sustain any serious injuries.

The Court notes that teachers nowadays work under the threat of criminal proceedings being initiated against them.

“Now I noticed that teachers live in a world of fear of interacting with the students, registering a criminal case and being locked behind bars. The teachers teach with the fear in mind of what to do or not to do. Some students have the habit of disrespecting the teachers and every therapeutic, restorative instruction given by the teachers and every punitive action taken by the teachers with bona fide intentions as part of their duty takes on the color of a serious, non-chargeable offense with with the intention of taking them into custody.”

After the Court narrated the story of Drona and Ekalavya, where Ekalavya gave up his thumb, an organ important for his skill, Gurudakshina lamented that in the technologically advanced developed world, the relationship between teacher and student has become ‘upside down’.

The Court ruled that the teacher did nothing intentionally to cause the student unnecessary mental or physical suffering. For that reason, the Court quashed the case.

Counsel for the applicant: Adv. Rajit

Counsel for the defendant: Public Prosecution Service Adv. MP Prasanth

Case number: Crl.MC 6527 of 2024

Title of Case: XX v. State of Kerala and another

Case Citation: 2024 LiveLaw (Ker) 703