K A ABDUL VAHID Vs. STATE OF KERALA

JUDGEMENT

(1.) When a school teacher, in this case, the Madrassa teacher, beats a student with a cane, who created commotion in the school or showed disobedience to the Rules, whether he could be proceeded against under the provisions of the I.P.C., is the question that is before me for consideration.

(2.) Petitioner is an Arabic teacher at Manikkal Madrassa, near Venjarammoodu. On 23.9.2003 evening, the petitioner beat one Sajad, a student learning Arabic, with a cane on his buttock. He cried. He was taken to his house in the evening by two persons. He complained to his father, the de facto complainant, that he has got pain. He was shown to a private hospital at Venjarammoodu. As pain subsisted, he was taken to the S.U.T. Hospital, Thiruvananthapuram. Though the Juma-at office bearers promised to pay him the treatment expenses, they failed. Hence, he made a complaint before Venjarammoodu Police Station on 1.11.2003, and the police registered Crime No. 391/2003 under S.324 I.P.C. The matter is now pending before the Judicial First Class Magistrate Court II, Attingal, as C.C. No. 1028/2003. Petitioner came up before this Court under S.482 Cr.P.C. praying to quash the said proceedings.

(3.) The reporting of instances, similar to the facts stated above, are rare. Often, when such instances are brought to the notice of the parents or others, they are not taken seriously, as a teacher has an implied consent or authority to maintain the school discipline and also to train a student basing on the Rules of a school. When a student do not behave properly or act according to the Rules of a school, and if the teacher chastise him, on a bona fide intention, by giving him a corporal punishment for improving his character and conduct, the Court has to ascertain whether the said act of the teacher was bona fide or not. If it is found that he had acted with a good intention, only to improve the student, it may not normally be brought under the penal provisions of the Code.