The Kerala High Court has ruled that school principals insisting on students wearing uniforms doesn't constitute cruelty under Section 75 of the Juvenile Justice (Care and Protection of Children) Act.
Justice A. Badharudeen stated that insisting on uniforms is essential for maintaining school discipline and does not cause unnecessary harm to students.
Reported by Live Law, the Court cautioned that classifying such policies as offenses could disrupt school discipline.
“If, as part of maintenance of the discipline of the school when wearing of uniform dress is made mandatory, it is the duty of the students to obey the same, so as to keep the dignity and discipline of the school to impart education effectively. IF such acts are given the colour of an offence under Section 75 of the JJ Act, the discipline of the school would become topsy-turvy and the same would disdainfully affect the discipline and the regiment of the school,” said Justice Badharudeen.
Case Overview
In this specific case, a student visited her school during vacation to get her results and buy books for the next year. She wasn't wearing her uniform, which led to a comment from the principal about her physique and a request to change into her uniform.
She was sent back to her house to get her uniform. On these allegations, a crime under Section 77 of the JJ Act was registered against the principal. The principal approached the High Court to quash the proceedings in the case and the court ultimately sided with the principal, stating that no prima facie case was made and allowing the petition to quash the proceedings.
