Рет қаралды 16
Parental Authority refers to the rights & responsibilities that parents have over their minor children
In tort law, parents may use this defense when disciplining their children within reasonable limits,
Or while making decisions about their children's education, healthcare, or other aspects of their upbringing.
Quasi Parental Authority extends the concept of parental authority to individuals who, while are not biological parents, stand in a similar position of responsibility.
This is referred to as ‘loco parentis’ - in place or position of the parents.
This may include Teachers, Guardians, School administrators, Caretakers in boarding schools etc.
First of all, this defence will be valid as long as no other laws have been violated.
Next, the court may consider factors like whether the action was within reasonable limits. - Mercilessly beating up children is not reasonable.
Whether the person has acted in good faith - within the scope of authority - with the best interest of the child in mind.
Also, the societal norms must have been followed and not the person’s own standards.
Also, the age and the maturity of the child may be taken into consideration to validate if the action was required.
If a child is mature enough that a verbal warning would have sufficed, then physical punishment will be considered excessive.
In R v. Newport, it was held that the authority of a teacher to correct his students is not limited only to the wrongs which the student may commit in the school premises but may also extend to the wrongs done by him outside the school.
So, if a headmaster punishes a child for smoking outside the school premises - it is justified - as long as the previous points have been followed.