Corporal Punishment in schools

Corporal Punishment in schools


In two separate incidents on 4th August, 2007, a student was given electric shock and another student suffered injuries in his tongue as a result of severe beating by teachers in two schools of Andhra Pradesh[1].However, these teachers did not have any regret for their action. Such incidents have agonized not only the parents of those children, but it was also shocking to everyone as corporal punishment continues to take place in schools of Andhra Pradesh in spite of the State Government imposed a ban on corporal Punishment in all educational institutions by amending Rule (1996).

What is Corporal Punishment?
Corporal Punishment is literally, ‘the infliction of punishment on the body”. A form of Corporal Punishment that seems to be the pivotal area of controversy is “Infliction of Physical pain without injury”. Thousand of children are physically abused each year by someone close to them, and many children die from the injuries. The emotional scars are deeper than the physical scars for those who survive after the punishment. Corporal Punishment goes by a variety of names including, but not limited to beating, whipping, Slapping, Punching, Kicking or throwing, Chocking, biting and several punishment which are inappropriate to a child’s age. Among various forms, the corporal punishment in schools have been a common practice everywhere which infringes a child’s right to get education with dignity devoid of all forms of physical cruelties.


Kinds of Punishments in Schools:
There are three types of Corporal Punishments in Schools: physical, emotional and negative reinforcement.



Physical Punishment:
Physical punishment involves making the children stand as a Wall Chair, Keeping the school bags on their heads, making them stand for whole day in the sun, kneel down and do the home work are some of the examples that the teachers take recourse in as a part of physical punishment to young students.

Emotional Punishment:
The emotional Punishment affects children much deeper than the physical and other forms of punishments, and the impact of such punishment lasts longer. For instance, scolding, abusing and humiliating, slapping by the opposite sex, make them stand on the back of the class, suspending them for a couple of days, removing the shirts of the boys etc. are some of the ways adopted by a teacher to humiliate the child in front of the entire class which is very difficult for the child to come out from. Over the years several commentators like P. Sainath has highlighted extreme forms of verbal abuse of Dalit Children. Most of the community students are insulted in the name of their traditional occupation.

Negative Reinforcement:
The children are mentally oppressed by these forms of punishment. For instance, locking them in a dark room, making the child to clean the premises, making the child run round the building, detention during the break and lunch, deducting marks are some of the negative reinforcement to the children.


Impact of Corporal Punishment in Schools:
Punishing or penal disciplining of children either at home or at schools leads to three kinds of reactions i.e. fear, hatred and anger. If a person is used to frequent physical torture during his or her childhood, it has an impact on their adulthood as they start beating their own children in the similar way. Beating affects children’s concentration in studies and the fear of punishment leads to a great number of dropouts. The Corporal Punishment often leads to antisocial behavior. The brutal disciplinary processes hinder the physiological growth of a person.
The stress and strain and the terrorized atmosphere are worst impact of the Corporal Punishment. Such heinous acts often lead children to commit suicide which is the worst ever consequence of corporal Punishments against children in schools.

Legal provisions relating to Corporal Punishment:
Provisions under Indian Penal Code:
The Principle of “Doli incapaxi” means, “There can be no Corporal Punishment even under penal provisions”. The Indian penal code (IPC) also follows the principle. Section 83 of IPC defines children between seven and twelve years as having immature understanding and under this provision a child cannot be subjected to physical punishment including imprisonment for their offences. Section 89 of IPC protects an act by guardian or by consent of guardian done in good faith for benefit of child under 12 years. However the same section says that this exception will not extend to cause death or attempting to cause death causing grievous hurt. Using excessive force, causing serious injury, purpose being very unreasonable can turn the act of guardian or teacher with the consent of guardian, an offence, because such incidents are outside the scope of good faith.


Criminal Liability requires “bad intention” on the part of teacher. But if the teacher punishes the student with negligence and unreasonableness then the teacher cannot say that it was done in good faith. If a teacher exceeds the authority and inflicts unreasonable punishment he would lose the benefit of section 88 of IPC which protects acts done in good faith. Protection for act done in good faith under section 82 of IPC will not extend to grievous hurt and excessive use of force.

Provisions under Juvenile Justice Act 2000:
Section 23 of Juvenile Justice Act 2000, provides punishment for cruelty to Juvenile or child. Whoever, hearing the actual charge of or control over, Juvenile or the child assaults, abandons, exposed or neglected in a manner likely to cause such juvenile or the child unnecessarily mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months or fine or both.

UN convention on Child Rights:
Article 28 of the Convention has recognized right to education as a right of the child and Article 29 says that the purpose of school education should be to assist the child in developing his or her personality talents, mental and physical abilities to their fullest potential. Article 3, 18 and 36 of the convention provides for parental and adult responsibility in the private sphere and the right to protection from exploitation.

Article 19 provides for measures to protect children against all forms of physical abuse and imposes an obligation on member states to protect children from all forms of physical or mental violence, injury or abuse. The convention clearly says that there must be specific law and policy to curb domestic violence and battery of child by parents. Parents and teachers are legally accountable for violence and abuse of authority.

Conclusion:
Need to address Corporal Punishment through legal provisions:
It is universally accepted that Child rights are Human Rights. India being a signatory to UN Convention on Child Rights is under an obligation towards children by prohibiting the corporal punishment in schools. Not only that, proper implementation of the existing legal mechanism is the need of the hour for protecting the children’s interests and facilitating a favourable environment for education of the children in schools. The state governments should enact appropriate laws and rules to save the children from such violence.

Need for a change in attitude:
Recently a student of Manaparai School near Trichy District, Tamil Nadu, lost one of his eyes as a result of punishment given by a teacher. Provisions of corporal punishment in rule 51 of Tamil Nadu School Education rules have been nullified. But still the Corporal Punishments are continuing in the schools particularly in rural areas. Inflicting physical punishment on a child is not in consonance with his or her right to life guaranteed by article 21 of Indian Constitution. This was held by Delhi High Court in a public Interest Litigation which was filed by Parents Forum and Meaningful Education.[2] Some Journalists say “Neither parent nor teacher can punish a child. Childhood is not a training ground for adulthood.
Several State governments have also passed government orders to stop the Corporal Punishment. Notwithstanding these orders, little seems to have changed in the class rooms. The teacher should have the confidence in them that they can mould children without any Corporal Punishment and the mindset also should be changed against Corporal Punishment. The National Commission for Protection of Child Rights (NCPCR) has given various guidelines with regard to corporal Punishment in schools. When teaching becomes coercive students will neither have proper education nor any discipline. Whenever such incidents of corporal punishment takes place in schools, the National Commission for Protection of Child Rights (NCPCR) as well as National Human Rights Commission (NHRC) should take cognizance of such cases and make necessary intervention. Children are precious resources of the nation, and therefore they are entitled to get education in an environment of freedom and dignity. Spare the rod and save the childhood should be the new slogan.


[1] Arvind Yadav, ‘Schools electrocute, beat kids and don't repent’, CNN-IBN, available at http://www.ibnlive.com/news/schools-electrocute-beat-kids-and-dont-repent/46210-3.html
[2] Parents Forum for Meaningful Education and Another v. Union of India and Another AIR 2001 Delhi 212