Following a PIL, Delhi High Court had directed the state government to ban corporal punishment in schools and ensure that children receive education in an environment of protection and dignity, free from fear. But the reality is far from being true.
THE NATIONAL Commission for the Protection of Child Rights (NCPCR) will take up the case of an 11-year-old girl of a Muncipal Corporation School, in North Delhi, who died after being in coma due to corporal punishment inflicted on her at school, a place where she had been to receive education of her life. She was alleged hit by her teacher and was made to stand in the sun for over two hours, resultant of which she slipped into a coma and then later on died. Her case will be taken as a suo moto complaint by the National Commission and an inquiry will be taken up immediately. But her case is not the only one. The reality is that in India two out of three school children are physically abused according to the National Report on child abuse by the Ministry of Women and Child Development, in the year 2007.
Dreams of many children get shattered due to this kind abuse in schools. And this is not limited to any geographic area or state. It happens in every district of India, in government as well as private schools. Most children do not report or confide about the matter to anyone. They suffer silently except in case where we see extreme forms like this one and are picked up by the media. Death of this little soul in Delhi was most unfortunate incident and could have been avoided.
Anyone who had seen or read in media have expressed shock and called for strictest possible action. Though Indian law will take its own course but is weak in this case and has many loop holes. Indian laws need immediate amendments to ensure that they are not used by perpetrators of corporal punishment to go scot-free. The Indian Penal Code Section 88, for example, protects an act, which is not intended to cause death, done by consent in good faith for person’s benefit.
A teacher/guardian who administers in good faith a moderate and reasonable corporal punishment to a pupil to enforce discipline in school is protected by this section and such an act is not even a crime under Section 323. Section 89 of Indian Penal Code protects an act by guardian or by consent of guardian done in good faith for benefit of child under 12 years, unless it causes death or grievous injury.
Dreams of many children get shattered due to this kind abuse in schools. And this is not limited to any geographic area or state. It happens in every district of India, in government as well as private schools. Most children do not report or confide about the matter to anyone. They suffer silently except in case where we see extreme forms like this one and are picked up by the media. Death of this little soul in Delhi was most unfortunate incident and could have been avoided.
Anyone who had seen or read in media have expressed shock and called for strictest possible action. Though Indian law will take its own course but is weak in this case and has many loop holes. Indian laws need immediate amendments to ensure that they are not used by perpetrators of corporal punishment to go scot-free. The Indian Penal Code Section 88, for example, protects an act, which is not intended to cause death, done by consent in good faith for person’s benefit.
A teacher/guardian who administers in good faith a moderate and reasonable corporal punishment to a pupil to enforce discipline in school is protected by this section and such an act is not even a crime under Section 323. Section 89 of Indian Penal Code protects an act by guardian or by consent of guardian done in good faith for benefit of child under 12 years, unless it causes death or grievous injury.
These provisions extend to teachers having quasi-parental authority i.e., consent or delegation of authority from parents. These sections therefore need to be amended. Working Group of National Commission of Protection of Child Rights, which comprises of educationists, lawyers, social activists, doctors, bureaucrats, representatives of non-governmental organisations and teacher’s union’s have recommended law reform to remove any existing defences of corporal punishment. In December 2000, following a PIL, the Delhi High Court had directed the state government to ban corporal punishment in schools and ensure that children receive education in an environment of protection and dignity, free from fear. But the reality is far from being true.
In India we not only need stricter laws, which are implemented, but also (and more importantly so) a social movement that brings together teachers, care givers, parents and communities to strongly ’say no to corporal punishment’ in all institutions.
anil gulati
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