Allahabad HC Stays Coercive Action Against Teacher Accused Of Flogging 6 Yr Old Student Over 'Racial Hatred'

A bench of Justice Dinesh Pathak also issued notices to the state government and the complainant seeking their responses, while posting the matter for a further hearing on February 18.

The applicant, Ada Parveen, a teacher at a school in Hamirpur district, has been accused of flogging a student, which reportedly caused the student to fall ill.

Following a complaint lodged by the victim's mother, the teacher-applicant was booked under Section 323 of the Indian Penal Code (IPC) for causing hurt and Sections 3(2)(va) and 3(1)(r) of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act.

Challenging the FIR, the applicant-accused moved the HC, contending that there is no direct evidence on the record to prove the occurrence of offence under Section 3(2)(va) and 3(1)(r) SC/ST Act as none of the independent witnesses supported the case, as averred in the FIR.

It was her case that she had merely rebuked the student for not completing his homework. It was also argued that the Medical Officer had denied any injury inflicted on the victim's body.

Thus, it was submitted that the entire prosecution story is based on speculation, and no specific allegation has been made regarding thrashing and hurling caste-related abusive language or causing damage to the victim owing to his caste being a member of the SC/ST community.

Noting that the matter requires consideration, the bench stayed coercive action against the accused.