A Child Of Tender Age Should Be Handled Very Carefully: Delhi HC

A Child Of Tender Age Should Be Handled Very Carefully: Delhi HC

AZRA RIZVI 

Background

The Delhi High Court refused to grant pre-arrest bail filed by a teacher who was accused of abetment to suicide of a 6^th standard student and gave the judgement that A Child Of Tender Age Should Be Handled Very Carefully.

The complainant’s daughter had not only asked the complainant to change her school but had also stated that “the atmosphere in the school is not good”. The complainant had assured her daughter that her school would be changed after the end of the session. The suicide letter written by the girl mentions the name of her biology teacher Ritika as well as her class teacher, Aarti Singh.

In the evening of 1st December of 2018, the complainant returned back home only to discover her daughter hanging by the ceiling fan. The petitioner, Ritika, has thus been charged with abetment to suicide which is punishable under Section 305 of the Indian Penal Court. Section 305 of the Indian Penal Court states that “If any person under eighteen years of age, any insane person, any delirious person, any idiot, or any person in a state of intoxication commits suicide, whoever abets the commission of such suicide, shall be punished with death or imprisonment for life, or imprisonment for a term not exceeding ten years, and shall also be liable to fine”.

Current Issue (A Child Of Tender Age Should Be Handled Very Carefully)

Justice Brijesh Sethi has denied the bail application filed under Section 348 read with Section 482 of The Code Of Criminal Procedure (CrPC). Considering the evidence produced before the court which clearly mention the petitioner’s name in the suicide note of the deceased girl which was also her dying declaration, the State has refused to grant bail to the petitioner. Further, these pieces of evidence were supported by the deceased’s friends who alleged that she was being abused and tortured by the teachers, Ritika and Aarti.

Noting all these pieces of evidence, Justice Brijesh Singh said that the deceased was compelled to take such a drastic step because of the deep mental agony and torture which was caused by the alleged misbehaviour and hostile treatment which the deceased was subjected to by the petitioner. He stated that it was highly improbable that a child of such a tender age would implicate or accuse her teacher falsely and baselessly.

The court noted that the deceased child had specifically named her teachers Aarti and Ritika in the suicide note. Thus there is a direct indication of the fact that something wrong must have happened to the deceased in the school or class. Also observing the fact that the petitioner was a teacher at the school where the deceased studied due to which she might get a chance to tamper evidence if granted pre-arrest bail, the court refused the petitioner’s application for anticipatory bail.

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Conclusion

The court held that the child was being subjected to harsh and bitter words by the petitioner who also called her ‘characterless’. Article 19 of the UN Convention on the Rights of Child 1989 (UNCRC) to which India is a signatory declares that any form of discipline involving violence is unacceptable. It lays down that children have a right to be protected from being hurt and mistreated, physically or mentally.

Throwing light on the mental health of children and emphasizing on protecting children from mental or physical abuse or violence, the court states that governments should ensure that children are properly cared for and protected from violence, abuse and neglect by their parents, or anyone else who looks after them. Article 28(2) of the same convention requires the state parties to take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention.

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