The Karnataka High Court refused to quash criminal proceedings under the POCSO Act initiated against a kindergarten teacher who used to remove pants of students and lock them in dark rooms as punishment.

A plea was filed by a nursery school teacher, who was accused of harassing minor students. It was alleged in the FIR that the teacher often assaulted the complainant’s daughter, locked her in dark rooms, removed her pants exposing her body in front of other students and school staff.

The teacher, in her defense, argued that she only punished the children to make them disciplined thus this couldn’t be brought under the ambit of an offence under the Indian Penal Code (IPC) and the POCSO law.

Single-judge Justice M Nagaprasanna in his order dated July 28, observed that a teacher is expected to guide the students and not traumatise them either physically or mentally.

“A teacher is expected to guide the student, tender the age; tender the manner of guidance. It is unacceptable by any means that a teacher can traumatize a child, be it physical or mental. Traumatizing children by teachers as a measure of punishment particularly at tender ages, would have a devastating psychological impact on the child,” the judge observed.

“Children who experience aggressive behavior or violence from the hands of a teacher often develop emotional and behavioral problems; their cognitive skills diminish and would have far reaching consequences in the psychological blend of a child and would negatively impact the academic performance of the child. The aggression of whatever means of any teacher on the child is unpardonable. It must be remembered, ‘spare the rod and spoil the child’ has metamorphosed into ‘spare the rod and teach the child,” the order said.

In its judgment, the Court referred to Section 11 of the POCSO Act as per which, if anyone forces a child to exhibit his or her body or any part of the body, it will be an offence.

“The allegation is that, the petitioner has removed the pants of the child before other students and staff, which has led to the offence so alleged. It is for the petitioner to come out clean of the acts that are narrated in the complaint. If the act of the petitioner upon the child which has become an offence punishable under Section 12 of the Act is noticed, such act unless otherwise proven by the petitioner in a full blown trial, is undoubtedly uncouth, unpardonable and unbecoming for a teacher who deals with a girl child of the age of 5 years,” the judge concluded.

Thus in view of the above observation, the judge dismissed the petition.

Case Title: Thahseen Begum vs State of Karnataka