LLB Notes: First Year: Law Of Torts:Unit 2: Specific Torts – I: (f) Parental And Quasi Parental Authority

Coverage of this Article

Introduction

-The second part of the “General Defences” under the law of tort deals with the defences of certain authorities which includes parental, quasi parental, authorities of necessity, statutory authority, etc. The law of torts makes an exception for persons who are acting under such authority and excuses them from any civil liability.

Parental Authority

-The father and mother or other persons in loco parentis i.e. guardians of the child may inflict moderate and reasonable corporal punishment on the child for the purposes of correcting their child's behaviour.

Quasi Parental Authority

-The authority of a schoolmaster or a teacher is similar to that of the parent. It resembles the authority of the parent, and therefore, it is quasi parental authority.

Conclusion

-This parental and quasi parental authority provides immunity to the persons against any liability for doing something for the welfare of the child. 

Introduction

The second part of the “General Defences” under the law of tort deals with the defences of certain authorities which includes parental, quasi parental, authorities of necessity, statutory authority, etc. The law of torts makes an exception for persons who are acting under such authority and excuses them from any civil liability.

Parental Authority

The father and mother or other persons in loco parentis i.e. guardians of the child may inflict moderate and reasonable corporal punishment on the child for the purposes of correcting their child's behaviour. This right is preserved by the Children and Young Persons Act, 1933.

In India, there is a Guardians and Wards Act, 1890 and Hindu Minority and Guardianship Act, 1956 which gives a right to the guardian to dispose of or transfer the minors movable or immovable property for the benefit of the minor.

Like parents give birth to the child, they have certain rights on the child and some responsibilities towards the child, like the right to give education, right to determine the religion, right to custody, right to supervision, right to protection and health care, etc.

Parents are given authority to control and correct them by either kind of force and such people are protected under the law of torts only if they act in a reasonable manner and for a good cause. It is upon the Judge to decide whether the act was reasonable or not.

Quasi Parental Authority

The authority of a schoolmaster or a teacher is similar to that of the parent. It resembles the authority of the parent, and therefore, it is quasi parental authority. People with such authority include the schoolmaster, superintendent or warden of the orphanage, hostel or children observation home, etc.

When a parent places his child with a schoolmaster, he/she delegates to him all his/her own authority, as far as it is necessary for the welfare of the child. The schoolmaster can, therefore, inflict a moderate chastisement on his pupil. This authority is not limited to acts done on the premises of the school but may extend to acts done by them while on the way to and from the school.

In the case of Rex v. Newport Justices (1929), a student was punished with five strokes with a cane by the schoolmaster because the student was found smoking a cigarette on his way home from school. It was held that the father by sending the boy to school had authorized the schoolmaster to administer reasonable punishment to the boy for breach of the school rule and that the punishment was reasonable.

Conclusion

This parental and quasi parental authority provides immunity to the persons against any liability for doing something for the welfare of the child. Parenting comes with certain rights and duties for a good upbringing of the child. Hence, it comes with the right to correct him either by words or chastisement in a moderate manner. The court says that the nature of punishment should be such that a prudent man would have considered right.