Education and Law. How far the applicability of Law can help and ensure the flow of education in Malaysia? The focus of today perspective which tends to hesitate the educationist to delivered the knowledge. Punishment, careless or negligence and the law itself tied all the educationist. As the impact will make the students not being discipline as they are free to do any act which in the point of rule is prohibits. All the burden shall lies on the educationist shoulder and threatened them in carry out their usual duties. But then the question arises, the standard duty of care come to place. Actus reus non facit reum facit mens sit rea is a fundamental when dealing with this matter. Now a days, there are many issues arises in teacher's institution. The most clearly situation is parents suing the teacher when they are not satisfied with the teacher's conduct. For example, when teacher is taking a disciplinary action against the student who is not obeying the school rules. In other word, teacher is prohibited touch or any body contact against the student. Even though it is clear that the action as a final way to correct the misconduct of the students.
Furthermore, when anything happen to their children at school, teachers are the one to be blamed. It seems that some of the parents want to test their ability or strong influence of their status in the society against teachers. The misused of law to uphold their right and to show off is become a disease in parents institution. Such situations threatened teachers and as a result, teachers will tends to neglect the inner positive development of students. The question is can teacher be the one who should hold this responsibility? This article is not being prejudice to the parents. The society must open their eyes for not being so misjudgment and making any prejudgment over certain issue arises. One will not being considered guilty until proven guilty.
The disciplinary action is not to make the wrongdoer suffer but to educate. Indeed it is not an offense to state that some actions done by teacher is way beyond the actual way to punish the student who committed the disciplinary actions.
There was a report in the mass media that teacher was causing grievous hurt ti the student. As a result teacher is being labeled as indirect criminal in the society. Sometimes the mass media labeled as a criminal and causing a gross indecency. When there are situations happen at schools, the mass media will be the first one knows about it and tomorrow newspaper it will be a headline. The imbalance report usually negative rather than positive. Mass media seems to forget the contribution of teachers towards the development of the civilization of the society. Such report is prejudice in nature as the statement just from one party. The scoiety loves to make prejudgment even the case has not yet mentioned in the court of law and the Honourable Judge does not delivers any judgment.
From the current situations, what can be concluded is teacher's institution is no longer being considered a respectful institution compare to the previous era.
There are may factors lead to the current situations. Among the factors are the mentality and perception some of the parents towards the education system, the mass media and finally the lack of knowledge of teacher in the basic law.
As for the first factor, some of the parents have a narrow minded. In the sense that they could not accept new things that come to their society. Some of them still follows their old custom or what their ancestor had been practised for long period of time. For example, in accepting new comer such as teacher who had been posting to the place. This new comer must follow certain rules or custom before being accepted part of the society. It is contrary what had been stated by the goverment which is 'One Malaysia'. If this new comer is not follow this guideline, he or she will be regarded as outsider. Next factor is the attack from the mass media. Such negative report makes the teacher's institution bad. The society believed the report is 100% correct without looking to the actual situations. The third factor, teacher is not being occupied with the basic knowledge of law. It is relevant for the teachers acquire such knowledge. In other word, law can be a shiled to protect the right of teacher and to ease teacher in carrying out their duty accordingly.
In the case of Zazli Zahira Hj. Kamarulzaman & Anor. v Louis Marie Neube RT Ambrose s/o J Ambrose & Ors as the case was reported on 23rd September 1994. The case was a negligence by teacher that cause one of the pupils injured in the classroom. The claimed was made on the ground that the teacher failed to give proper instructions. In other words it invloved the standard duty of care. This was a claimed by plaintiffs against teacher for the injuries. The pupil had fractured in his right arm. He was sent to the hospital by the teachers. As a result of the injury, the pupil's arm was weakened and could not write for long. The arm had also been slightly shortened. The plaintiff sought damages on the ground that the first defendant had been negligently in failing to properly instruct the pupils. The degree of supervision of the pupils by the teacher depend on circumstances of the particular case taking into account the age of the pupils and what they are doing at the material time. On the other word, when teacher had fulfilled the standard duty of care as educationist it is enough. But then when the situations occured beyond the control, the teacher shall not be held responsible.
As such teacher must know the definition of standard duty of care. The
re should be a seminar or courses for teachers regarding the standard duty of care. This is in accordance with prevention is better than cure. Once the teacher had been occupied with such knowledge and parents clearly understand the duties of teacher, all dissatisfaction and negative perception can be set aside. As a result teachers can carry out their duties without fear of being sued. It is clear that all teachers have one and aim which is to see all the pupils success in heir life and can contribute to the society at large.
Furthermore, when anything happen to their children at school, teachers are the one to be blamed. It seems that some of the parents want to test their ability or strong influence of their status in the society against teachers. The misused of law to uphold their right and to show off is become a disease in parents institution. Such situations threatened teachers and as a result, teachers will tends to neglect the inner positive development of students. The question is can teacher be the one who should hold this responsibility? This article is not being prejudice to the parents. The society must open their eyes for not being so misjudgment and making any prejudgment over certain issue arises. One will not being considered guilty until proven guilty.
The disciplinary action is not to make the wrongdoer suffer but to educate. Indeed it is not an offense to state that some actions done by teacher is way beyond the actual way to punish the student who committed the disciplinary actions.
There was a report in the mass media that teacher was causing grievous hurt ti the student. As a result teacher is being labeled as indirect criminal in the society. Sometimes the mass media labeled as a criminal and causing a gross indecency. When there are situations happen at schools, the mass media will be the first one knows about it and tomorrow newspaper it will be a headline. The imbalance report usually negative rather than positive. Mass media seems to forget the contribution of teachers towards the development of the civilization of the society. Such report is prejudice in nature as the statement just from one party. The scoiety loves to make prejudgment even the case has not yet mentioned in the court of law and the Honourable Judge does not delivers any judgment.
From the current situations, what can be concluded is teacher's institution is no longer being considered a respectful institution compare to the previous era.
There are may factors lead to the current situations. Among the factors are the mentality and perception some of the parents towards the education system, the mass media and finally the lack of knowledge of teacher in the basic law.
As for the first factor, some of the parents have a narrow minded. In the sense that they could not accept new things that come to their society. Some of them still follows their old custom or what their ancestor had been practised for long period of time. For example, in accepting new comer such as teacher who had been posting to the place. This new comer must follow certain rules or custom before being accepted part of the society. It is contrary what had been stated by the goverment which is 'One Malaysia'. If this new comer is not follow this guideline, he or she will be regarded as outsider. Next factor is the attack from the mass media. Such negative report makes the teacher's institution bad. The society believed the report is 100% correct without looking to the actual situations. The third factor, teacher is not being occupied with the basic knowledge of law. It is relevant for the teachers acquire such knowledge. In other word, law can be a shiled to protect the right of teacher and to ease teacher in carrying out their duty accordingly.
In the case of Zazli Zahira Hj. Kamarulzaman & Anor. v Louis Marie Neube RT Ambrose s/o J Ambrose & Ors as the case was reported on 23rd September 1994. The case was a negligence by teacher that cause one of the pupils injured in the classroom. The claimed was made on the ground that the teacher failed to give proper instructions. In other words it invloved the standard duty of care. This was a claimed by plaintiffs against teacher for the injuries. The pupil had fractured in his right arm. He was sent to the hospital by the teachers. As a result of the injury, the pupil's arm was weakened and could not write for long. The arm had also been slightly shortened. The plaintiff sought damages on the ground that the first defendant had been negligently in failing to properly instruct the pupils. The degree of supervision of the pupils by the teacher depend on circumstances of the particular case taking into account the age of the pupils and what they are doing at the material time. On the other word, when teacher had fulfilled the standard duty of care as educationist it is enough. But then when the situations occured beyond the control, the teacher shall not be held responsible.
As such teacher must know the definition of standard duty of care. The
re should be a seminar or courses for teachers regarding the standard duty of care. This is in accordance with prevention is better than cure. Once the teacher had been occupied with such knowledge and parents clearly understand the duties of teacher, all dissatisfaction and negative perception can be set aside. As a result teachers can carry out their duties without fear of being sued. It is clear that all teachers have one and aim which is to see all the pupils success in heir life and can contribute to the society at large.