Orissa HC imposes Rs 1L fine on teacher for corporal punishments, quashes criminal case

The Orissa High Court provided relief to a school teacher for corporal punishment. The top court reiterated that ‘corporal punishment’ upon a student for the purpose of disciplining cannot amount to offence under Section 82 of the Juvenile Justice (Care and Protection) Act, 2015.

However, the Single Bench of Justice Sibo Sankar Mishra acknowledged the grief of the parents for the loss of the life of their child and directed the teacher to pay a compensation of Rs 1L to the deceased’s family.

The Court Observed:

“This Court is alive to the fact that a young life has been lost, and no amount of compensation would compensate for the loss of the child. Although the medical evidence negates any direct culpability of the petitioner, it is the duty of the State to ensure that students residing in government schools and hostels receive proper medical attention and a safe environment.”

Background of the Case:

On 23 October 2019, the teacher allegedly instructed the student to perform 300 sit-ups. Soon after, the student complained of pain. Subsequently, his health deteriorated, leading to his death on 2 November 2019, although he was admitted to a hospital.

After perusing the FIR, charge-sheet and medical report, the Court found that the cause of the death was medically attributed to ‘meningitis’. As a result, the Court deemed it appropriate to grant an ex-gratia of Rs 1L to the family of the deceased, which shall be paid by the teacher.

“Modern countries across the globe have acknowledged that the worth of a child’s existence much outweighs the economic value of compensation granted in the event of a child’s death. Most countries allow parents to seek compensation for loss of consortium following the death of a child. The sum paid to the parents compensates them for the deceased’s child loss of love and devotion, as well as care and companionship,” the Court observed.