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Synopsis

The Goa Bench of the Bombay High Court has recently set aside an order of the lower court which convicted a woman for hitting a child with the ruler. The high court bench noted that if a teacher is using some harsh words or even reasonable force to correct a child, it would not, in any manner, amount to an offence.

The bench comprising Justice Bharat P Deshpande was hearing an appeal filed by a teacher convicted and sentenced to one day in jail with a fine of Rs. 110000 imposed upon her. The case pertains to a complaint that was registered by the father of the two children after the teacher hit both of them because one of the children drank water from the other child’s bottle. The teacher was booked under the Goa Children’s Act and Indian Penal Code.

Advocate Arum De Sa for the appellant argued that no incident of physical assault ever happened in the school and that too by the accused and instead some punishment was given to maintain discipline.

The court noted that there were contradictory statements from the witnesses and the police had not found a ruler or stick at the time of panchnama.

The court said that reasonable force can be used by a teacher to correct a student and it would not amount to any offence.

The bench further said that students are admitted to the school for not only the purpose of teaching but to learn other aspects of life including discipline. The order read,

“The students are admitted in the school for not only the purpose of teaching but also to learn other aspects of life which include discipline. The purpose of the school is not only to teach the academic subjects, but to prepare such student in all aspects of life so that in future they would be a person of good behaviour and nature."

While noting that the teachers are the backbone of the education system, the court said,

“The teachers are respected in society at the most. They are the backbone of our education system. If the teachers are under fear of such allegations for trivial matters and more specifically while correcting children, it would be difficult for conducting schools thereby giving proper education and more specifically maintaining discipline. A civilized society needs civilized young generation which would respect each other and would be considered as a future generation of the nation”

The court also said that the act of the teacher would fall within Section 89 of the Indian Penal Code and that there was no mala fide intention. The court while setting aside the order said,

“To my mind, the present matter is squarely attracted under the provisions of Section 89 of IPC as even if it is considered that the teacher/accused used some physical force, it was only to correct the child, with no malafide or other intentions.”

Case Title: Rekha Faldessai vs State of Goa

Statue: Code of Criminal Procedure 1973, Indian Penal Code 1860, Goa Children's Act 2003