Assault outside class not corporal punishment: SC

‘Teacher’s Act Can’t Be Condoned’

A teacher slapping a student outside the class for something not connected with studies, even if the incident happens within the school premises, cannot be condoned as corporal punishment, the Supreme Court said on Monday while upholding a five-day jail term for a teacher.

The teacher in a Gujarat school actually got away lightly with a lenient high court verdict even though a Bench comprising Chief Justice K G Balakrishnan and Justice P Sathasivam refused to entertain arguments from advocate Meenakshi Arora for a clean acquittal.

The accused had slapped, boxed and abused a Scheduled Caste student of the school for switching on the ignition of his scooter and leaving it in that state for a long time. More than the physical assault, the student appeared hurt by the mental bruises and committed suicide under a train the same day — July 1, 1992.

The trial court found the teacher guilty under Section 306 of IPC (abetment to suicide), Section 323 (causing simple injury) and also under various provisions of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act. He was sentenced to 10 years imprisonment under Section 306, one year under Section 323 and life sentence under the SC/ST Act.

The HC took a lenient view and acquitted the teacher of charges under Section 306 and those under the SC/ST Act. However, it convicted him under Section 323 and ordered a jail term of that which he had already undergone — five days — and a fine of Rs 1,000.

Challenging the HC verdict before the apex court, Arora tried to seek a clean chit for the teacher, arguing that as the incident happened within the school premises, it should be viewed as a form of corporal punishment.

The Bench headed by the CJI flared up at the argument and said, “It is no corporal punishment. You have no business to assault somebody in this manner. This incident happened outside the classroom and has nothing to do with the education system.”

What he meant was that the judiciary was willing to take a lenient view of the action of teachers in chastising unruly students in the classroom, even if it involved administering minor corporal punishment.
Source:-The Times of India Delhi 20 January 2009 2008 P.9
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