Case Background: The Division Bench, consisting of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agrawal, delivered its observations while rejecting a plea by Sister Mercy alias Elizabeth Jose, a teacher from Carmel Convent School in Ambikapur, Surguja District. The teacher was accused of abetting the suicide of a Class VI student, following a suicide note that implicated her.
Court’s Observations: The High Court firmly stated that corporal punishment is not compatible with a child’s right to life under Article 21 of the Constitution of India. The Bench remarked, “Imposition of corporal punishment on the child is not in consonance with his right to life guaranteed by Article 21 of the Constitution of India.” It further emphasized, “Being small does not make a child a less human being than a grown-up.”
The Court noted that the practice of physical violence in schools, purportedly for discipline, is fundamentally at odds with the principles of humane treatment and respect for children’s dignity. “It is cruel to subject the child to physical violence in school in the name of discipline or education. A child being a precious national resource is to be nurtured and attended with tenderness and care and not with cruelty,” the Bench added.
Implications: The Court’s ruling highlights a broader recognition of the need for reform in educational practices and the protection of children’s rights. By dismissing the teacher’s petition and upholding the charges against her, the Court reinforces the principle that corporal punishment is unacceptable and that the right to life and dignity must be upheld for every child.
Conclusion: The Chhattisgarh High Court’s decision serves as a significant statement against corporal punishment, underscoring that education should be conducted with respect and care, not with cruelty. This ruling is expected to impact educational practices and policies, reinforcing the protection of children’s rights within the educational system.
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