The Kerala High Court has ruled that a preliminary inquiry must be conducted before registering criminal cases against teachers accused of disciplinary actions in educational institutions. Justice PV Kunhikrishnan emphasized that such an inquiry is essential to prevent teachers from being unfairly targeted with legal action.
Need for Preliminary Inquiry
The Court stated that if a parent or student files a complaint against a teacher alleging a criminal offense committed within a school, authorities must first conduct an initial investigation to determine whether there is a prima facie case before proceeding further.
Additionally, it directed that teachers accused in such cases should not be arrested during the preliminary inquiry. The Court ordered the State Police Chief to issue an official directive implementing this safeguard within a month.
Restoring Respect for Teachers
The judgment comes in the wake of increasing incidents of student misconduct, including bringing weapons to school, drug use, and threats or attacks against teachers. The Court noted that traditional respect for educators has been eroding, making it difficult for them to maintain discipline.
To address this, the Court opined that teachers should be allowed to carry canes in schools—not necessarily to use them, but to create a psychological deterrent against misbehavior.
“Let the teachers carry a cane in their hand while they are in educational institutions, if they intend to do so. It need not be used always, but the mere presence of a cane with teachers will create a psychological effect in the student community by discouraging them from doing any social evils,” the Court observed.
Concerns Over Rising Criminal Cases Against Teachers
Justice Kunhikrishnan highlighted the growing trend of criminal complaints against teachers, noting that many educators hesitate to enforce discipline due to fear of legal repercussions. While acknowledging that some teachers may engage in misconduct, he stressed that the entire teaching community should not be vilified because of isolated incidents.
The Court underscored that teachers must not be forced to work under the constant threat of criminal prosecution. It noted that minor punishments given to students as part of discipline should not result in legal action against teachers.
“This is only to strengthen our education system and also to protect the interests of the student community, who are the future of our nation. No teacher should suffer because he advised a student or gave minor punishments for his indiscipline and behaviour,” the Court stated.
It further pointed out that some parents file complaints over trivial matters, such as teachers pinching, staring at, or scolding students. The Court emphasized that the police must distinguish between genuine grievances and frivolous allegations during the preliminary inquiry.
“It is the duty of the police authorities to find out the grain from the chaff during the preliminary enquiry. There are people in our society who are interested only in initiating litigation for minor acts, which is to be neglected,” it said.
Teachers as Pillars of Society
Calling teachers the “unsung heroes of society,” the Court highlighted their critical role in shaping future generations. It warned that actions diminishing the morale of teachers could have long-term consequences for the education system and society at large.
The ruling was issued while granting bail to a school teacher accused of assaulting a sixth-standard student with a cane. The complaint, filed by the child’s parent, alleged that the teacher acted out of personal enmity after the student spread rumors linking the teacher to a personal tragedy. The teacher, however, denied the allegations, claiming that the student was retaliating because he had been advised to focus on his studies.
The Court granted bail on the condition that the teacher cooperates with the investigation.
This ruling reinforces the need to protect teachers from baseless legal harassment while ensuring that any genuine cases of misconduct are appropriately addressed.
