Thiruvananthapuram: The Kerala High Court has justified the use of cane in educational institutions and ruled 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.
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 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 where there are reports of students using weapons inside educational institutions and taking drugs and alcohol. Recently a student had assaulted a teacher over the use of cell phone in the class.
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 “no teacher should suffer because he advised a student or gave minor punishments for indiscipline and bad behaviour. Of course, a section of parents and students will come with complaints (against teachers) over punishments. If 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 court made these observations 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”, the court said.
