Karnataka HC Refuses to Dismiss Case Against KG Teacher Accused of Removing Student’s Pants
The Karnataka High Court has denied a plea to dismiss criminal proceedings against a kindergarten teacher accused of removing students’ pants and locking them in dark rooms as punishment. The case falls under the Protection of Children from Sexual Offences (POCSO) Act.
A nursery school teacher was accused of harassing minor students. The FIR alleged that the teacher often assaulted the complainant’s daughter, locked her in dark rooms, and removed her pants, exposing her body in front of other students and school staff.
In her defense, the teacher argued that she only disciplined the children and her actions shouldn’t be considered an offense under the Indian Penal Code (IPC) and the POCSO Act.
Justice M. Nagaprasanna, in his order dated July 28, observed that a teacher should guide students without traumatizing them physically or mentally. “A teacher is expected to guide the student… It is unacceptable by any means that a teacher can traumatize a child, be it physical or mental,” he noted.
The judge emphasized that aggressive behavior from teachers can cause emotional and behavioral problems in children, diminishing their cognitive skills and negatively impacting their academic performance. He pointed out that the old saying “spare the rod and spoil the child” has evolved into “spare the rod and teach the child.”
The Court referred to Section 11 of the POCSO Act, which states that forcing a child to exhibit their body or any part of it constitutes an offense. The allegations that the teacher removed the pants of the child in front of other students and staff fall under this provision.
Justice Nagaprasanna concluded that the teacher’s actions, unless proven otherwise in a full trial, are “uncouth, unpardonable and unbecoming for a teacher who deals with a girl child of the age of 5 years.”
In view of these observations, the Court dismissed the petition.
Case Title: Thahseen Begum vs. State of Karnataka
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