Can teachers legally punish students for their betterment ?

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Salil kumar

5 min read • July 13, 2025

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In modern educational discourse, the role of discipline in shaping a student's behavior and academic progress is frequently debated. One crucial legal and ethical question that emerges in this context is whether teachers in India, particularly in Kerala, possess the legal right to impose punishments for the betterment of students or whether such acts can amount to criminal offences. Recent judicial pronouncements by the Kerala High Court, especially by Justice A. Badharudeen and Justice P. V. Kunhikrishnan, have thrown much-needed light on this sensitive issue.

I. Judicial Endorsement of Reasonable Discipline, Justice A. Badharudeen's 2024 Rulings :-

Justice A. Badharudeen, in a series of rulings throughout 2024, upheld the legality of non-malicious disciplinary action by teachers, drawing a clear line between educational correction and punitive violence.

A) Jomi v. State of Kerala (July 3–4, 2024)In this case, a school principal was prosecuted under Section 324 of the Indian Penal Code (IPC) and Section 82 of the Juvenile Justice Act for hitting a 13-year-old student who scored poorly in exams. The Court held that: The teacher's action was motivated by an academic objective, not malice. There was no grievous injury, nor long-term harm. Most importantly, schools were not classified as "child care institutions" under the JJ Act, rendering the charge under Section 82 inapplicable.

This case underscored that when intent is bona fide and non-injurious, reasonable disciplinary acts do not invite criminal liability.

B) Another 2024 Case (November 11, 2024)A 7th-standard student had verbally abused a teacher, prompting the latter to hit him lightly with a stick and pull his ear. Justice Badharudeen ruled that: Minor physical reprimand, in the absence of serious harm or malice, does not attract juvenile justice provisions. The teacher's conduct was reactive, not aggressive, and fell within the realm of permissible disciplinary response.

C) Clarification on July 5, 2024The Court emphasized that disciplinary punishment given for academic improvement or to instill behavior correction is not criminal, provided: It is not administered in anger; It does not result in health damage or visible injury.

II. Protecting the Teacher's Dignity and Due Process

Justice P. V. Kunhikrishnan's 2025 Ruling In a consolidated set of orders issued between March 10–15, 2025, Justice P. V. Kunhikrishnan addressed a growing concern: teachers being subjected to immediate criminal action based solely on student complaints, often without inquiry.

Key highlights of the ruling include:

No teacher should be arrested without a preliminary inquiry to establish prima facie evidence of wrongdoing. Teachers must be presumed to be acting within their professional domain unless proven otherwise. Carrying a cane was permitted as a deterrent, not as an instrument of violence.

The Court acknowledged the changing realities of classrooms, including threats from students carrying drugs or weapons, and emphasized the need to protect teacher morale and classroom authority.

Justice Kunhikrishnan's judgment is notable for restoring institutional safeguards for teachers and upholding natural justice.

III. Where the Law Now Stands:

A Balanced ApproachThese rulings together craft a balanced legal standard: Teachers are not criminally liable for mild, non-malicious disciplinary actions. Any punishment should be non-injurious, measured, and proportional. The Juvenile Justice Act cannot be casually invoked against teachers.

Arrests require due process, and teachers must be given fair protection against misuse of student complaints. This legal position offers clarity to educators who often find themselves walking a tightrope between discipline and criminal liability.

Conclusion

In conclusion, the Kerala High Court has recognized the delicate equilibrium between the rights of students and the responsibilities of teachers. While violence or humiliation can never be justified under the guise of discipline, the law now provides space for reasoned, purposeful corrective action when exercised without malice or harm. Teachers, as guardians of learning and character formation, must act wisely—but also without fear of being unfairly criminalized.

These rulings provide much-needed relief and reassurance to thousands of educators, reaffirming that discipline, when administered ethically and lawfully, is not a crime—but an essential part of education.

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Written By Salil kumar

I am advocate salil kumar p, a lawyer practising in the district courts , Thalassery, for the past 27 years . Salil kumar p Advocate District court Thalassery -670101 Kannur District Kerala state

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