Kasaragod: The High Court of Kerala granted anticipatory bail to head teacher Sherly Joseph facing arrest for forcibly cutting the hair of a 10-year-old Dalit student, stating there was no criminal intent behind the alleged act.
Judge K Babu set aside the order of Kasaragod Sessions Court that rejected the anticipatory bail petition of Joseph, head teacher of Mar Gregorios Memorial UP School at Kottamala in Kasaragod's West Eleri grama panchayat.
On October 19, 2023, the head teacher allegedly cut the "long hair" of the boy using scissors after the morning assembly in front of other teachers and students. The boy felt humiliated and did not return to the school.
Ten days later, based on the boy's complaint, Chittarikkal police charged her with unlawful restraint under Section 341 of IPC, cruelty towards child under Section 75 of the Juvenile Justice (Care and Protection of Children) Act, and forcibly tonsuring head which was derogatory to human dignity under Sections 3(1)(e) and 3(2)(Va) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act.
Though the Sessions Court rejected her anticipatory bail application, it said that the prosecution prima facie failed to establish the offences under the stringent Prevention of Atrocities Act. However, it said that there was a strong case of cruelty towards the child under the Juvenile Justice Act and ruled that she was not entitled to anticipatory bail.
However, the High Court held that there can be no crime without criminal intent or a guilty mind. "I am of the view that the mens rea (criminal intent) of the appellant 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," Judge Babu wrote in the judgment dated January 22, 2024.
"Therefore, I am of the view that there is no prima facie material to attract the offences under the SC/ST (PoA) Act," he ruled.
The judge applied the same logic of lack of criminal intent for charges of cruelty pressed against her under the Juvenile Justice Act.
Appearing for Sherly Joseph, advocate S Rajeev told the High Court that the head teacher played a key role in bringing back the boy and her younger sister back to school when they were regularly absent. But "she would enforce discipline to shape up their character and ordinary growth and that everything she did was for the betterment and future welfare of the children," he argued.
He also told the court that the school's inquiry committee found that the head teacher had not committed any acts as alleged. The school's Parents Teachers Association (PTA) and School Parliament had also given representations to the Department of Education saying the allegations against the head teacher were false.
Public Prosecutor P K Santhamma told the court that Sherly Joseph's custodial interrogation was required to recover the "weapon" allegedly used by the head teacher.
But the judge said that the prosecution had no case that she was absconding or attempted to influence the course of an investigation or tamper with evidence.
Granting the anticipatory bail, the Judge asked Sherly Joseph to appear before the investigating officer for questioning on Saturday, January 27. The court directed the Investigating Officer to release her on bail if she is arrested.
The case is being investigated by the Special Mobile Squad, a dedicated wing of Kerala police to investigate cases registered under the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act.
After news media reported the incident, the Kerala State Commission for Protection of Child Rights also registered a suo motu case.