The Kerala High Court on Monday granted anticipatory bail to a school headmistress accused of intentionally insulting a 5th standard student belonging to the Scheduled Tribe (ST) community by forcefully cutting his hair during a school assembly.Justice K Babu expressed doubts over whether the accused school teacher had any mens rea (guilty intent) to insult the student or commit the offence under Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC/ST Act)."I am of the view that the mens rea of the appellant (accused teacher) in the commission of the alleged acts is doubtful. At the most, it could be seen that the appellant being a school teacher having disciplinary control over the victim exceeded in the corporal punishment on the victim. Therefore, I am of the view that there is no prima facie material to attract the offences under the SC/ST (PoA) Act," the judge said.Having found that there was no prima facie material to attract the offences under the SC/ST Act, the Court proceeded to allow the accused teacher's anticipatory bail plea.A Kasaragod sessions court had earlier dismissed the accused teacher's anticipatory bail plea, following which she approached the High Court for relief.The accused serving as the headmistress of Kottamala MGM UP School in Kasaragod was booked under the SC/ST Act after an 11-year-old student alleged that the headmistress had cut off his hair during a morning school assembly, leading to mockery and insults from other students.
The student (victim) added that the teacher was well aware of the fact that he belonged to an ST community.The incident supposedly caused the victim and his sister to show reluctance to attend school in the ensuing days.The accused teacher's counsel, however, asserted that she had only enforced discipline for the child's growth and development. The headmistress added that she had even visited the child's home to persuade him and his sister to resume attending school when they were absent for some days.Her counsel also argued that a false case was filed against the headmistress on the behest of certain other parties, owing to rivalries between aided schools.
The High Court eventually allowed the anticipatory bail plea after it noted that the accused teacher's colleagues also did not support the allegations against her.The appellant (headmistress) was represented by advocates S Rajeev, V Vinay, MS Aneer, Prerith Philip Joseph, Anilkumar CR, and KS Kiran Krishnan.The State and and other respondents (including the victim) were represented by advocate PK Santhamma and Public Prosecutor G Sudheer.
TAGS: Kerala High Court Anticipatory bail School Headmistress Hair-cutting incident
