Kerala High Court (File Photo)
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The Kerala High Court recently ruled that a criminal case would not stand against a teacher for beating a student if the intent was to guide pupils towards academic improvement. It held that the mere presence of a cane with teachers could deter students from indulging in wrongful acts. It also observed that if teachers were penalised for taking measures to maintain order, it would jeopardise the institution’s discipline. The court contended that a teacher would have no malafide intention while beating a student other than of alerting her to the necessity of studying well and securing high marks. The court issued the order in response to a petition filed by an English teacher who was accused of beating a 13-year-old girl after she failed to secure fair marks in a test. The court, however, also stated that if a teacher exceeded authority and caused serious injuries, then the penal provisions of the Juvenile Justice Act would apply.
The court order has generated a lot of discussion on the pros and cons of corporal punishment. Those who agreed with the court opined that such punishment was necessary to ensure that children grew up to be disciplined and responsible individuals. An equally large section has vehemently opposed the verdict. They argued that being young does not make children less of a human being than a grown-up and that corporal punishment violated a child’s dignity.
Corporal punishment at school has been regarded an acceptable practice in our country for a long time. It may flow from the reasoning that those entrusted to look after children in school or other institutions are in loco parentis, and therefore would always act in the interests of the child. Layers of beliefs and social practices cloak corporal punishment under the guise of love, care and protection. While it may be explainable in some cases, there are enough instances to disprove the argument too. The widespread violence perpetrated by teachers on students at many institutions are glaring examples of this violation. Studies show that corporal punishment can lead to adverse physical, psychological and educational outcomes, including aggressive and destructive behaviour, poor school achievement, increased dropout rates and low self-esteem. The most important thing is to ensure that our children are saved from any long-lasting scars.
