Karnataka HC Refuses to Quash POCSO Case Against Kindergarten Teacher
The Karnataka High Court has declined to dismiss a case under the Protection of Children from Sexual Offences (POCSO) Act against a female kindergarten teacher. She is accused of removing a girl student’s pants and locking her in a dark room as a form of punishment.
The teacher had filed a petition to cancel the case. In her defense, she claimed that the actions were meant to discipline the children and should not be treated as a criminal offence under the Indian Penal Code (IPC) or POCSO Act.
However, Justice M. Nagaprasanna, in an order dated July 28, stated that a teacher’s role is to guide and protect children, not cause them harm.
“A teacher must guide students with care, not trauma. Punishing children, especially at a young age, through physical or mental harm can leave a lasting psychological impact,” the judge noted.
The judge pointed out that aggressive behavior from teachers can harm a child’s emotional and mental well-being, reduce their cognitive abilities, and affect their academic performance. He stressed that such actions are unacceptable and must be treated seriously.
The court referred to Section 11 of the POCSO Act, which says that forcing a child to expose their body is an offence. The complaint stated that the teacher exposed the child in front of others, which clearly falls under this definition.
“The teacher’s alleged action of removing the pants of a five-year-old girl in front of classmates and staff is unpardonable unless she can prove her innocence during trial,” the court added.
Based on the seriousness of the allegations and the provisions of the POCSO Act, the court dismissed the teacher’s plea to end the case.
Case Title: Thahseen Begum vs State of Karnataka
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