THE case of a pupil being awarded RM43,000 as compensation by Shah Alam Sessions Court on Monday for the bodily injuries caused by a teacher has serious implications on the disciplining of schoolchildren.

A former assistant school head, who prefers anonymity, said the court case would somehow make some pupils, especially the older ones, feel that they are “untouchable”.

Pupils would consider this court sentence, she said, as a deterrent for teachers who are keen on disciplining them.

“However, there are teachers who would only stop punishing pupils for a while before they start to instil discipline again.”

Sometimes, owing to work stress, she said, a few teachers would personally resort to bodily punishment.

Besides, some pupils these days can be so unruly to such an extent that they provoke some teachers to punish them, she said.

“Actually, it’s best that these teachers refer the case concerned to the discipline teachers, or the senior assistant for student affairs, who would then contact the parents.

“If all of this fails, then the teacher should approach the headmaster regarding the matter,” she said.

In an unprecedented ruling, R. Nivedha Nancy Ann a pupil in Shah Alam was awarded RM43,000 in damages by the Shah Alam Sessions Court for injuries she sustained after a teacher hit and slapped her two years ago.

Judge Noor Ruzilawati Mohd Noor found the teacher and school responsible for assault and battery on  Nivedha, 15.

Nivedha filed a police report against the teacher through her father, R. Ramesh, in 2016 and subsequently initiated a civil case.

A Universiti Sains Malaysia lecturer, who does not want to be identified, said such a court sentencing is tantamount to sparing the rod and spoiling the child, adding that teachers are made to fear their pupils.

She is of the opinion that there are cases of pupils who can be so disruptive that it does make corporeal punishment necessary.

A former teacher, who prefers to be identified as Ivy, said discipline is of utmost importance in schools.

She said: “You can’t start a class if there’s still disorder among pupils.

“That is why good teachers would still insist on discipline despite certain challenges posed by parents these days.”

A teacher from a Chinese secondary school echoed Ivy’s contention.

“Some determined teachers would still put priority on discipline of pupils even though the school administration may not provide the much-needed support when faced with a barrage of complaints from affected parents,” he said.

A few parents would be haughty enough to flaunt their social status and at the same time, scold a teacher for having punished their children.

“There was a case of one disturbed parent who went into the class and insulted a teacher in front of all the pupils, saying that a teacher like him, whose salary is at the level of one of his lowest-ranking workers in his company, should not have the audacity to punish his child, which he himself doesn’t,” he said.

There’s also a case of certain pupils in a class of poor performers who threatened to hurt teachers, who want to discipline them, outside of the school.

Such a case can dampen the morale of certain teachers to the extent that they would decide not to be unduly concerned about certain rebellious pupils, he added.

“In other words, these teachers would play it safe.” 

Meanwhile, the Parent Action Group for Education Malaysia (PAGE) has cautioned teachers to be responsible and to follow the standard operating procedure while handling pupils.

“Nivedha’s case should serve as a reminder that teachers cannot hit, injure, bully or intimidate pupils and get away with it,” it said in a brief statement.

It said principals and administrators must not try to conceal the truth in order to protect the school’s name.

“School principals and administrators, too, would be taken to task when they are found to hide, fabricate evidence and conspire with the assailant to conceal the wrongdoing in an attempt to protect the name of the school, its principal and teachers from being tarnished.

“Being an accomplice to a crime is also an offence. Any complaint regarding offences in schools should be taken seriously.” – November 21, 2018.