“Plaint Against Teacher By Parent, Student: First Enquiry, Then Arrest”: Kerala HC

The Kerala High Court has laid down new guidelines to protect educators from hasty arrests when criminal complaints are filed against them within educational institutions.

Justice P.V. Kunhikrishnan ruled that before any teacher is arrested, a preliminary inquiry must be conducted to determine if there is a prima facie case.

Justice Kunhikrishnan emphasized that the rise of student violence and misconduct in schools has made it essential to take a cautious approach. “The behavior of the young generation in our state is alarming. They are involved in serious criminal cases, and some of them are even addicts of drugs and alcohol,” the court noted.

He pointed out that increasingly, students are threatening, physically attacking, and even gheraoing teachers. “This tendency is to be discouraged,” the court said, highlighting the need to address such behavior for the betterment of the education system.

Case Of Anticipatory Bail

The court issued this direction while granting anticipatory bail to a teacher accused of beating a student with a cane. In its ruling, the court clarified that teachers should not be prohibited from carrying canes in school. It suggested that the mere presence of a cane could have a psychological effect on students, potentially discouraging misbehavior and social evils.

Further elaborating on the issue, the court asserted that teachers should be shielded from criminal prosecution for administering minor, non-malicious punishments related to student discipline. “This is only to strengthen our education system and protect the interests of the student community,” it stated, stressing that no teacher should face criminal charges for simply advising a student or giving minor punishments for misbehavior.

The court also noted that teachers are increasingly hesitant to discipline students, fearing that any action may lead to criminal charges. “This should be stopped. Otherwise, the teachers cannot do their duties,” the court emphasized, calling for a balanced approach to handling teacher-student interactions.

Protocol For Preliminary Inquiry

As part of the ruling, the court mandated that a preliminary inquiry should always precede any criminal action when a complaint is filed against a teacher. “If a parent or student files a complaint alleging a criminal offense, a preliminary inquiry should be conducted to determine if a prima facie case exists,” the court directed. It also specified that during this inquiry, teachers should not be arrested.

Additionally, the court instructed the State Police Chief to issue a circular within a month outlining the procedure for such inquiries.

Ensuring A Supportive Environment For Teachers

Justice Kunhikrishnan acknowledged that while not all teachers are free from misconduct, the threat of criminal prosecution should not undermine the role of educators. He said, “The role of a teacher is crucial in the mental, physical, and educational development of a student, and they should not face the constant threat of criminal charges for performing their duties.”

The court stressed that society must provide teachers with the freedom to guide students without the fear of repercussions.

Case Directives

In the current case, where the teacher is accused of beating a student, the court directed the teacher to appear before the investigating officer within two weeks and cooperate with the investigation. If the officer proposes an arrest after interrogation, the teacher should be granted bail upon providing a bond of Rs 50,000 with two solvent sureties.

The court concluded by urging teachers not to intimidate or influence witnesses in the case, maintaining the integrity of the ongoing investigation.

This ruling reflects the court’s commitment to safeguarding both teachers and students while ensuring that the education system can function without unnecessary disruptions or fears of criminal prosecution.

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