‘Teacher slapping student not abetment to suicide’
TIMES NEWS NETWORK
Jabalpur/Bhopal: 26.06.2018
If a teacher chastises a child for indiscipline, it doesn’t make a case for abetment to suicide, Madhya Pradesh high court said on Friday, dismissing a petition filed by the uncle of a Class X student who hanged herself in November last year after being scolded by her principal.
“The principal and teachers don the mantle of a parent during the time the child is in school. Like a parent, who would — and is expected to — admonish a child who errs with the intention of correcting the child, so are the principal and teachers expected to admonish and chastise students when they transgress discipline of the school,” Justice Atul Shridharan said in his order.
The girl, who lived in Kotma town of Anuppur district, had committed suicide on November 14, 2017, after being scolded and allegedly slapped by principal R K Mishra, who had seen her with two friends outside school before classes gave over. She told her uncles what had happened and hanged herself. Her family tried to file an FIR against the principal under IPC 306 (abetment to suicide), but police refused. An uncle then moved court, saying his niece committed suicide out of humiliation as the principal had “slapped and scolded her in the presence of two friends”.
On Friday, Justice Shridharan said: “It goes without saying that the days of ‘spare the rod and spoil the child’ are long gone, but it does not mean that the principal and teachers of a school languidly watch and ignore acts of indiscipline and indiscretions of a child. Correction by way of admonishment and chastisement, as and when required, remains a sacred duty of those imparting education... Behind every person languishing in prison as a convict, are a man and woman who failed as parents and a system of education that could not transcend the three Rs.”
Ensuring that good values are drilled into students consistently is far more important than ensuring that they do well in the material world and arrive at important stations in life, the judge observed. “Brilliance without integrity and character is a social and national liability rather than an asset. Schools must emphasise this. Admonishment and chastisement may form an integral part of that exercise. Yes, in the process, it may be natural for the child to feel embarrassed or humiliated, but it is these very emotions that would prevent the child from repeating the mistake,” he remarked.
It would imperil education if a teacher were to be prosecuted when an “extraordinarily sensitive child” takes the drastic step of suicide, Justice Shridharan said.
“If students are expected to grow up in an environment, where they know that they shall not be chastised or spoken harshly to for transgressions, society may end up having young delinquents who grow up without having fear of the law on account of the free hand they received during the schooling years,” he observed.
TIMES NEWS NETWORK
Jabalpur/Bhopal: 26.06.2018
If a teacher chastises a child for indiscipline, it doesn’t make a case for abetment to suicide, Madhya Pradesh high court said on Friday, dismissing a petition filed by the uncle of a Class X student who hanged herself in November last year after being scolded by her principal.
“The principal and teachers don the mantle of a parent during the time the child is in school. Like a parent, who would — and is expected to — admonish a child who errs with the intention of correcting the child, so are the principal and teachers expected to admonish and chastise students when they transgress discipline of the school,” Justice Atul Shridharan said in his order.
The girl, who lived in Kotma town of Anuppur district, had committed suicide on November 14, 2017, after being scolded and allegedly slapped by principal R K Mishra, who had seen her with two friends outside school before classes gave over. She told her uncles what had happened and hanged herself. Her family tried to file an FIR against the principal under IPC 306 (abetment to suicide), but police refused. An uncle then moved court, saying his niece committed suicide out of humiliation as the principal had “slapped and scolded her in the presence of two friends”.
On Friday, Justice Shridharan said: “It goes without saying that the days of ‘spare the rod and spoil the child’ are long gone, but it does not mean that the principal and teachers of a school languidly watch and ignore acts of indiscipline and indiscretions of a child. Correction by way of admonishment and chastisement, as and when required, remains a sacred duty of those imparting education... Behind every person languishing in prison as a convict, are a man and woman who failed as parents and a system of education that could not transcend the three Rs.”
Ensuring that good values are drilled into students consistently is far more important than ensuring that they do well in the material world and arrive at important stations in life, the judge observed. “Brilliance without integrity and character is a social and national liability rather than an asset. Schools must emphasise this. Admonishment and chastisement may form an integral part of that exercise. Yes, in the process, it may be natural for the child to feel embarrassed or humiliated, but it is these very emotions that would prevent the child from repeating the mistake,” he remarked.
It would imperil education if a teacher were to be prosecuted when an “extraordinarily sensitive child” takes the drastic step of suicide, Justice Shridharan said.
“If students are expected to grow up in an environment, where they know that they shall not be chastised or spoken harshly to for transgressions, society may end up having young delinquents who grow up without having fear of the law on account of the free hand they received during the schooling years,” he observed.
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