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Synopsis

The Kerala High Court has held that requiring students to wear school uniforms does not constitute an offence of cruelty under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, 2015 (JJ Act). The court quashed the criminal proceedings against a school principal, emphasising that the insistence on wearing a uniform is aimed at maintaining discipline and cannot be considered an act likely to cause unnecessary mental or physical suffering to the child.

Justice A. Badharudeen, presiding over the court, observed : “When a teacher insists for wearing uniform, on seeing a student, who reached the school in colour dress, the same is intended for the purpose of maintaining the discipline of the school in the matter of uniform dress code, and the same, in no way, could be held as as an act, which would cause unnecessary mental or physical suffering to the child, so as to attract the offence under Section 75 of the JJ Act. If, as part of maintenance of the discipline of the school when wearing of uniform dress is made mandatory, it is the duty of the students to obey the same, so as to keep the dignity and discipline of the school to impart education effectively. If such acts are given the colour of an offence under Section 75 of the JJ Act, the discipline of the school would become topsy-turvy and the same would disdainfully affect the discipline and the regiment of the school. Therefore, such disciplinary measures cannot be ushered into the purview of Section 75 of the JJ Act.”

The case involved the principal, Sindhu Sivadas, who was accused under Section 75 of the JJ Act, following an incident at a school in Thrissur. The student, a minor, alleged that she visited the school on March 2, 2020, during the vacation to check her results and purchase books for the next academic year. She was dressed in casual attire, which she claimed was allowed during the vacation period. Upon meeting the principal, she was questioned for not wearing the school uniform. The principal allegedly commented on her physical appearance, suggesting that she should have worn her uniform, and instructed her to return home and change into it before continuing with her tasks at the school. Subsequently, a case was registered against the principal under Section 75 of the JJ Act.

After reviewing the case details and examining the provisions under Section 75 of the JJ Act, the court concluded that the essentials to constitute the offence—unnecessary mental or physical suffering caused by assault, abandonment, abuse, exposure, or wilful neglect—were not met in this case. The court further observed that mandating uniforms is a disciplinary measure essential to uphold the dignity and order of the educational institution. If such actions were treated as offences, it could lead to a breakdown of school discipline.

As a result, the court allowed the petition and quashed all proceedings against the principal, stating that “offence under Section 75 of the JJ Act, is not made out, prima facie.”

 

Cause Title: Sindhu Sivadas v. State of Kerala and Another [CRL.MC NO. 2948 OF 2022]