Corporal Punishment

Context:

Recently, the Tamil Nadu School Education Department has issued Guidelines for the Elimination of Corporal Punishment in Schools (GECP).

More on News:  

• Emphasizing the need to treat children with care and respect, the Madras High Court has recently deprecated the practice of imposing corporal punishment on children.

About Corporal Punishment:

• Refers: According to the Right to Education (RTE) Act, 2009, corporal punishment includes physical punishment, mental harassment and discrimination. 
  • There is no statutory definition of ‘corporal punishment’ targeting children in India.
  • However, the RTE Act, 2009 prohibits ‘physical punishment’ and ‘mental harassment’ under Section 17(1) and makes it a punishable offence under Section 17(2).
• Classification: Corporal Punishment can be broadly classified into two types:
  • Physical punishment: According to the National Commission for Protection of Child Rights (NCPCR), physical punishment is any action that causes pain, hurt/injury and discomfort to a child.
    • Examples: Standing on bench, standing against the wall in a chair-like position, standing with school bag on head, holding ears through legs, kneeling, forced ingestion of anything, detention in the classroom, library, toilet, etc.
  • Mental Harassment: It is any non-physical treatment that is detrimental to the academic and psychological well-being of a child.
    • Examples: It includes sarcasm, calling names and scolding using humiliating adjectives, intimidation, using derogatory remarks for the child, ridiculing or belittling a child, shaming the child, etc.

Regulations for Protection against Corporal Punishment:

• Constitutional Provisions:
  • Article 21 A: Provision for compulsory education in the age group of 6-14.
  • Article 24: It prohibits child labor in hazardous work until the age of 14.
  • Article 39 (e): It is the duty of the state to ensure that children are not abused due to economic disparity.
  • Article 45: It is the duty of the state to provide for the care of children in the age group of 0-6.
  • Article 51A(k): It is the fundamental duty of parents to ensure that their child receives education for the age group of 6 to 14.
• The National Commission for Protection of Child Rights (NCPCR) Guidelines: 
  • The NCPCR provides guidelines for eliminating corporal punishment. 
  • It includes promoting positive engagement with children and establishing Corporal Punishment Monitoring Cells in every school to ensure compliance with anti-corporal punishment measures.
  • Drop boxes are to be placed where the aggrieved person may drop his complaint and anonymity is to be maintained to protect privacy.
• Right of Children to Free and Compulsory Education (RTE) Act 2009:
  • Section 17: It imposes an absolute bar on corporal punishment.
    • It prescribes disciplinary action to be taken against the guilty person.
  • Sections 8 and 9: It places a duty on the appropriate Government and the local authority to ensure that the child belonging to weaker sections and the disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds.
  • Organisations to curb Corporal Punishment: 
    • National Commission for Protection of Child Rights and State Commissions for Protection of Child Rights to ensure that the children are being treated in consonance with the RTE Act, 2009.
• Juvenile Justice  (Care and Protection of Children) Act, 2000:
  • Section 23: Cruelty to children is also prohibited.
    • Any person who is in control of a juvenile and who abandons, assaults, exposes or wilfully neglects the juvenile or procures him to be abandoned, assaulted, exposed or neglected which in turn causes mental or physical pain to him/her shall be punished with imprisonment up to six months, or fine, or with both.
  • Section 75: It prescribes punishment for cruelty to children.
• United Nations Convention on the Rights of Child (UNCRC), 1989:
  • Article 19: It declares that any form of discipline involving violence is unacceptable. 
    • It lays down that children have the right to be protected from being hurt and mistreated, physically or mentally.
• Indian Penal Code:
  • Section 305: It is pertaining to abetment of suicide committed by a child
  • Section 323: It is pertaining to voluntarily causing hurt.
  • Section 325: It is about voluntarily causing grievous hurt.

Concerns of Corporal Punishment:

• Violation to Fundamental Right: Corporal Punishment is anti-Constitutional as it violates the right to live with dignity, an integral part of the Right to Life under Article 21 of the Indian Constitution.
  • It is also against the Right to Education, which is a fundamental right under Article 21A.
  • It is against the Article 37 (a) of the UNCRC to which India is a signatory, says that no child should bear any torture, cruelty, or inhuman punishment. 
• Physical & Psychological Concerns: Corporal Punishment can cause physical injuries, anxiety, low self-esteem, and other mental health issues.
• Violence: Corporal Punishment may normalize and perpetuate violence in society.
• Discrimination: Corporal Punishment may be applied disproportionately or discriminatorily based on factors such as gender, race, or socioeconomic status.
• Impact on Education: Corporal Punishment can lead to higher school dropout rates and poor learning outcomes due to the atmosphere of fear and intimidation it creates in classrooms.
• Scarred for Life: Corporal Punishment can mean long-term trauma for sensitive children and scar them for life.
• Various Negative Outcomes: Such as behavioural problems, occurred irrespective of the child’s sex, race, or ethnicity and regardless of the overall teaching styles of the caregivers. 
  • The magnitude of negative outcomes for children increased with the frequency of physical punishment. The physical punishment does not improve children’s behaviour and instead makes it worse.