The Chhattisgarh High Court, while rejecting the petition of a woman teacher accused of instigating a school student to commit suicide, said that physical violence against a child in the name of discipline or punishment is cruelty.
In its order on July 29, a bench of Chief Justice Ramesh Sinha and Justice Ravindra Kumar Agarwal said that corporal punishment or punishment cannot be a part of education to reform children. Giving corporal punishment to children is not in accordance with the right to life under Article 21 of the Constitution of India. The court said that being a minor does not make a child less than an adult child. Petitioner's lawyer Rajat Agarwal said that an FIR was lodged in Manipur police station in February against Sister Mercy alias Elizabeth Jose (43), a teacher of Carmel Convent School in Ambikapur, Surguja district, for inciting a sixth class student to commit suicide. Sister Jose was caught after the student wrote the name of the sister in the suicide note.
request to drop charges
An FIR has been filed for abetment to suicide, Sister Jose has sought quashing of the chargesheet filed against her. The High Court rejected the plea. The High Court said that the right to life includes everything that gives meaning to life and makes it healthy and worth living. It means to stay alive and much more than a beastly existence. The right to life under Article 21 of the Constitution includes any kind of dignified life. The High Court rejected the plea and said that it cannot go deep into the defence of the accused. It cannot be examined further on the merits of evaluating the evidence presented.