School insisting on wearing uniform is not ‘child abuse’ Juvenile Justice Act 75: Kerala High Court

Judge A. Badharudin said such insistence is intended to maintain school discipline and cannot be construed as an action that could cause unnecessary mental or physical harm. The court also warned that if such actions were considered an offence, it could affect school discipline.

“If, as part of maintaining discipline in the school, wearing uniform clothing is made mandatory, students are required to comply in order to maintain dignity and discipline in the school for effective learning. IF such acts are treated as offenses under Section 75 of the Judiciary Act, discipline in the school will become upside down and the discipline and good order in the school will be disrespectfully affected.”

According to the student, she came to school to find out her results and buy textbooks for the next year. According to her, since it was during vacation, there was no compulsion to wear a uniform. The director, seeing her, asked why she had come in a colored dress, and remarked that since she was a large person, she should have worn a uniform. She was sent back home to get her uniform. On these charges, an offense under Section 77 of the Judiciary Act was registered against the school principal. The school principal asked the High Court to quash the case.

The petitioner contended that the prima facie evidence was not disclosed. The complainant stated that the student’s mother worked at the same school. Before registering the crime, the mother was given a memo stating that she was negligent in presenting herself for inspection. The petitioner argued that the crime was registered only as a retaliatory step.

The court, noting that prima facie evidence had not been disclosed, granted the petition.

Counsel for the plaintiff: Advocates P. Vijaya Bhanu (Sr.), K.R. Arun Krishnan, Prime Minister Rafique, M. Revikrishnan, Ajeesh K. Sasi, Mitha Sudhindran, Shruti K.K., Shruti N. Bhat, Rahul Sunil

Defendants’ Counsel: Advocates Renjith George (Senior Prosecutor), KR Arun Krishnan

Case No: Crl.MC 2948 of 2022

Case Name: Sindhu Sivadas v. State of Kerala and others

Citation: 2024 LiveLaw (Ker) 654