By Tanvi Mehta.

The Chhattisgarh High Court has dismissed a petition filed by a Christian nun and teacher; Sister Mercy, at Carmel Convent School, Ambikapur, seeking to quash the FIR and charge-sheet against her in connection with the suicide of a 6th-grade student, Archisha Sinha. The petition was filed under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).

In the present case Sister Mercy was accused after the student was found to have committed suicide, leaving behind a note mentioning the petitioner. The incident leading to the accusation occurred when Sister Mercy confiscated the student’s ID card for disciplinary reasons after finding the student and her classmates in the toilets during school hours. The student’s friends allegedly told her that the petitioner was “dangerous” and might report the incident to their parents. Subsequently, the student took her own life, and the suicide note was the primary evidence against the petitioner.

The Chhattisgarh High Court dismissed the petition, holding that the material on record demonstrated a prima facie case against the petitioner. The Court noted that at the stage of quashing, the merits of the case could not be examined in detail, and the primary focus was on whether a cognizable offence had been established. The case will proceed to trial, with the framing of charges against Sister Mercy. The Court further emphasised the importance of protecting children’s rights under Article 21 of the Indian Constitution, which guarantees the right to life with dignity. The Court underscored that any form of corporal punishment or harsh treatment that traumatises a child could fall afoul of this constitutional protection.

[Case Title: Sister Mercy @ Elizabeth Jose vs. State of Chhattisgarh; Citation: 2024: CGHC:27628-D]

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