LAWS RELATED TO CORPORAL PUNISHMENT IN INDIA

Introduction

Corporal Punishment is an act of causing physical pain. It is an act of punishing the person with canning. School is the first institution after home where a child is sent away from the closed ones. Parents think that after home, the safest place for their child is the school. The situation becomes worse when a person beats the child in the school or any childcare institution.

The society regards punishing children as normal and acceptable in all circumstances – whether in the family or institutions. It is often considered necessary so that children grow up to be competent and responsible individuals. In the long run, the child may not think that his/her rights have been infringed upon. Even if the punishment hurts, the child doesn’t feel the importance of reporting the incident. Therefore, the child believes that it okay for them to be beaten up. Corporal punishment increases under the layer of affection, care, and protection.

Different laws for the protection of Corporal Punishment

There are many acts and conventions which protect the child from corporal punishments. All sorts of punishment including sexual assault are harmful to the child. Currently, there’s no statutory definition of corporal punishment of children in Indian law. (A)Right to Education Act, 2009

As per the Right to Education Act, 2009, corporal punishment could be classified as physical punishment, mental harassment, and discrimination. Section 17 of the Act prohibits physical punishment and mental harassment to the child. And it states that no child is going to be subjected to physical punishment and mental harassment. It is also given under this section whoever contravenes the above-mentioned provision is going to be at risk of disciplinary actions under the service rules applicable to such person. Sections 8 and 9 of The Right to Education Act place an obligation on the Government and also the agency to “ensure that the child belonging to weaker section and also the child belonging to the disadvantaged group aren’t discriminated against and prevented from pursuing and completing elementary education on any grounds.

(B) Juvenile Justice (Care and Protection of Children) Act, 2015

As per the Act, the child is any individual below 18 years of age. The Act defines corporal punishment as subjecting of a toddler by a person to physical punishment that involves the deliberate infliction of pain as a penalty for an offence or to discipline or reform the child. Here, Committee means Child Welfare Committee and Board means a Juvenile Justice Board. 

Section 82 deals with the provision of corporal punishment. And it states that any person in charge of or employed in a childcare institution, who subjects a child to corporal punishment to discipline the child, shall be liable, on the primary conviction, to a fine of ten thousand rupees and for each subsequent offense, shall be responsible for imprisonment which can be three months or fine or with both. If an individual is convicted for corporal punishment, then he shall even be responsible for dismissal from the service. Also, the law will debar him from working directly with children.

In case the management of the institution where the corporal punishment is reported doesn’t cooperate with any inquiry or suits the orders of the Committee or Board or Court or government, the person accountable of the management of the institution shall be responsible for punishment with imprisonment for a term not less than three years and shall even be liable to fine which can reach one lakh rupees.

(C)Relevant Constitutional Provisions

Our constitution has also safeguarded the rights of the children. Article 21 and Article 21A of the Constitution of India which protects the right to life and dignity includes the right to education for children up to 14 years of age. Corporal punishment interferes with a child’s right to education because the fear of corporal punishment makes children more likely to avoid school or to drop out altogether.

Article 39(e) directs the State to figure progressively to make sure that “the children of tender age not abused”. Article 39(f) directs the State to figure progressively to make sure that “children are given opportunities and facilities to develop healthily”.

Conclusion

A child is the future of our country and it is necessary to protect them for the development of the country. A child not only experience corporal punishment in schools but at home as well. Though scolding the child for the incorrect acts is important but we cannot deny the effect of affection which the children crave for. The children of rural areas have to cope with the corporal punishments from parents at home and teachers at school. Children need time to accept and learn new things and parents should engage with them in positive engagement. It includes:

Firstly, paying attention to the child and trying to understand his/her behavior. Moreover, try to scold the child only verbally. Further, ignore minor mistakes. Similarly, recognize that the child needs help and not punishment. Also, the involvement of life skill education in schools. And it includes improving the communication and interpersonal skills of children. Moreover, establish new ways of coping with stress and anger in children in schools and at home.