By Niyati Dhiman

A recent case in Kerala sheds light on the legal boundaries of school discipline and child rights, particularly concerning school uniform policies. The incident began when a student, visiting her school during the vacation to check results and purchase books for the next academic year, was not wearing her school uniform. As it was the vacation period, no uniform was required. However, upon seeing her in casual attire, the school principal made a comment about her physique and instructed her to return home and change into her uniform.

This action led to the registration of a crime under Section 77 of the Juvenile Justice (Care and Protection of Children) Act, alleging cruelty against the principal. The student’s mother, who worked at the same school, was reportedly given a memo for neglecting her examination duties before the crime was registered, which led the principal to claim that the case was filed as a retaliatory measure.

The principal, seeking to have the case dismissed, approached the Kerala High Court, arguing that there was no prima facie case of cruelty. The High Court, led by Justice A. Badharudeen, evaluated the matter and found that the insistence on wearing the school uniform was not an act of cruelty, but rather a reasonable measure to maintain discipline in the school. The Court emphasized that if acts like this were to be considered as criminal offenses under the Juvenile Justice Act, it would disrupt the entire disciplinary structure of schools and negatively impact their functioning.

The Kerala High Court ultimately ruled in favor of the principal, quashing the proceedings against her, as it found no basis for the allegations. The Court reinforced that school uniform policies, even when enforced strictly, do not fall under the definition of cruelty to children under the law. This decision highlights the importance of maintaining a balance between school discipline and children’s rights, while also underscoring the necessity of ensuring that actions aimed at enforcing discipline do not cross the line into cruelty.

Case Title: Sindhu Sivadas vs State of Kerela, High Court of Kerela  

Citation: 2024:KER:74290

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