The Kerala High Court has upheld an action of a school suspending a boy and a girl student for their alleged public display of affection in the school and through social media.
According to school management, the public display of affection by the students, a boy, and a girl was in violation of school’s decency code. The students had claimed that it was merely a congratulatory hug after the boy won a prize in a school art festival. The two later apologized to Vice Principal.
The bench of Justice Shaji P Chaly quashed the Kerala State Commission for Protection of Child Rights’ order asking St Thomas Central School, a CBSE school in the state capital, to take back the two suspended students. The school management, Mar Thoma Church, had moved the court against the child rights panel.
As part of disciplinary action, both were placed under suspension but were allowed to attend the semester examination held in September. The boy subsequently petitioned the child rights commission, which asked the school principal to admit the boy.
In court, the boy argued that it was a congratulatory hug. He contended that the school authorities were not permitted to access his Instagram account, and were thus guilty of hacking into his account and using it to blackmail him and tarnish his image in school.
In his order, Justice Chaly observed, “I find that various photographs were posted on Instagram in various compromising positions, and if it had the effect of publicity, the issue hampers the reputation of the school.” The court also said that the school management’s action was not illegal or unfair since it was taken in order to maintain the institution’s reputation.
The court, however, restricted its adjudication of jurisdiction of the Child Rights Commission to pass such an order and observed that the principal of the school is the guardian of the school, is vested with powers to take necessary action to maintain the discipline and morality in the school, and it cannot be interfered or tinkered with by the commission.
The judge, however, advised the school authorities to take a balancing approach to the issue taking into account the fact that the boy is XII standard student and he is to face the Board examination during the month of March/April.
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