Last Updated on August 6, 2024 by NewsDesk SLC
Article 21 grants freedom of life and liberty which is violated by a teacher with corporal punishment isn’t part of the punishment and HC dismissed a petition that quashed an FIR in connection with suicide of a 12-year-old student.
A bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal observed in its order that corporal punishment is compatible with a child’s dignity and considered cruel. It argued that children, as valuable national resources, should be treated with care and tenderness, not subjected to physical violence in the name of discipline or education. The use of corporal punishment for reforming children is deemed unacceptable in education.
The court also referred to the SC ruling in the case of Bandhua Mukti Morcha vs Union of India & Ors 1997 stated that a child cannot develop to be a responsible and productive member of society unless an environment is created that is conclusive to his social and physical health.
The court observed while dealing with an FIR and chargesheet quashing petition filed by Sister Mercy @ Elizabeth Josh, A teacher in Surguja district has been challenged under Section 305 of IPC for allegedly abetting the suicide of a class 6th student. The student hanged herself in February, leaving a suicide note accusing the teacher of harassment. The following incident reportedly occurred after the teacher found the student and her classmates in the school toilet and confiscated their ID Card. Out of fear, the student committed suicide and the school will inform her parents and bring them to the school.
The teacher seeking relief, argued in court that she had only admonished the student and taken her ID Card as part of standard discipline procedure. Her counsel expressed that she had no intention of abetting the student’s suicide and was simply performing her duties to maintain school discipline.
The court quashed the plea, it will only consider the prosecution material and the defense evidence. The student suicide abetment-specific allegation on the teacher declared false could not be examined under Section 528 of the BNSS.
Consequently, the court dismissed the teacher’s petition.
Case title – Sister Mercy @ Elizabeth Jose (Devasiya) vs. State of Chhattisgarh
Written By: Kirti Sharma
