INTRODUCTION
Corporal punishment is defined as the application of physical harm to a person, usually a child or student. As a type of disciplinary action or correction, it entails the purposeful application of physical force, such as hitting, spanking, slapping, or any other type of bodily injury, to enforce discipline or correct behaviour. It can happen in various places, including schools, some social groups and even inside homes. Section 17 of the Right to Education Act prohibits any child from being subjected to physical punishment or mental harassment[1]. The National Policy on Education (NPE) 1986/1992 also prohibits corporal punishment, NPE clearly states that “Corporal punishment will be firmly excluded from the education system[2]”. Also, India is a party to the UNCRC or the United Nations Convention on the Rights of the Child. According to Article 19 of the UNCRC, “State Parties shall take all necessary legislative, administrative, social, and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse,” while the child is in the care of parents, legal guardians, or any other person with the child’s best interests in mind.[3]
HISTORY OF CORPORAL PUNISHMENT IN INDIA
In Ancient India methods such as whipping, canning and other physical forms were used as punishment. Corporal punishment was common and often used as a method of discipline in the legal system, houses and schools.
From 1757 to 1947 during British colonialisation in India, corporal punishment was regularly used in schools and institutions founded by British authorities. The British established institutionalised systems of discipline and education, which frequently involved physical punishment to maintain order and authority. After independence from British rule in 1947 significant educational and social reforms were implemented in the country. The government of India gradually began to discourage corporal punishment in schools and other institutions. However, due to cultural norms and practices, it remained common in many locations of the country.
NOTABLE CORPORAL PUNISHMENT INCIDENTS IN INDIA
Recently a shocking incident from Uttar Pradesh’s Muzaffarnagar came to light where a Muslim boy was slapped by his classmates at the order of his teacher ‘Tripti Tyagi’, who further made communal remarks. The effects of corporal punishment on mental health are significant and long-lasting. When people, especially kids, are subjected to physical punishment or violence as a form of discipline, it can have a variety of emotional and psychological effects. Similarly in this case the youngster had problems sleeping after the incident said his family. Numerous investigations against the teacher were conducted as a result of the incident, which caused significant outrage. Investigations into the situation have been launched by the UP education department and the National Commission for the Protection of Child Rights (NCPCR). A non-cognizable report of the incident was also filed by the police.[4]
In February 2020 a shocking incident came to light where “Rouvanjit Rawla a 13 year old student” of standard VIII studying in La Martiniere for Boys an esteemed school in Kolkata, West Bengal committed suicide. The father of Rouvanjit, Ajay Rawla, filed a FIR saying that his son committed suicide as a result of physical abuse and harassment by the school’s principal and teachers. An investigation by the National Commission for the Protection of Child Rights found the school and the teachers responsible and suggested that they be suspended. According to school officials, Chakravarti’s admission of guilt was a sufficient atonement for his behaviour.[5]
On May 28, 2014, at the St. Mary’s High School in the Keralan town of Palakkad. Rev. Father Kuriakose Kattukkaran, the principal, was seen on camera repeatedly hitting the student “Sreejith” on the buttocks. As the principal canes Sreejith, the child yells in pain. When the incident’s footage was uploaded on YouTube and quickly became popular, outrage spread throughout the nation. The principal’s actions were denounced by many as being “inhumane” and “barbaric”. The school’s headmaster defended himself, saying that he was just trying to reprimand the pupil. He claimed that despite numerous warnings from him to do his studies, Sreejith had not heeded them. The headmaster was nonetheless detained by the police on the charge of abusing children. The principal was granted bail and then found guilty of abusing children; he received a one-year prison term.[6]
LANDMARK JUDGEMENTS ON CORPORAL PUNISHMENT
In 2021, The Madras High Court in the case of “S. Jai Singh vs. State[7]” declared that using physical punishment on children is abusive and violates their right to freedom and dignity.
In 2020, The Himachal Pradesh High Court in the case of “Ambika S Nagal v State of Himachal Pradesh[8]” ruled that a teacher’s conduct of slapping her pupils did not constitute assault.
Again in 2020, The Kerela High Court in the case of “Sister Linsa vs. Praseed[9]” recognized canning as a legal method of child discipline. Even if the youngster was 5 years old, but no major harm should have been done.
In the judgment of the case “Parents Forum of Meaningful Education and Others v. Union of India[10]”, reported in 2020, the Delhi High Court harshly criticized the practice of imposing physical punishment on children, discussing the matter further. It also struck down sections 37(1) and section [11]37(4) of the Delhi School Education rules of 1973[12], which provided legal legitimacy to physical punishment, as being violations of article 14 and 21 of the Indian constitution.
NATIONAL COMMISSION FOR THE PROTECTION OF CHILD RIGHTS (NCPCR)
Children are the future of every country, so it is essential to ensure their welfare, development, and most essentially their protection. India created the NCPCR in 2005 as an organization charged with promoting and defending children’s rights throughout the nation. The Commissions for Protection of Child Rights (CPCR) Act of 2005 governs its operations. The NCPCR has significantly improved child protection and rights in India. It has helped increase public awareness of issues like child labour, juvenile justice, and child marriage as well as legislative and policy improvements. Numerous kids all around the country have experienced improvements in their lives as a result of its operation. In India’s aim to safeguard and advance the rights of its youngest inhabitants, it is a crucial institution. By promoting policy changes, keeping an eye on how they are being implemented, and dealing with infractions
CONCLUSION
Corporal punishment has far-reaching and very distressing repercussions on student’s mental health. As responsible citizens, educators and legislators, it is our moral obligation to safeguard each of our children from physical as well as psychological harm within the sacred halls of our educational institutions and our society. A shared goal to promote nonviolent disciplinary measures, ending physical punishment and putting our student’s emotional well-being as our first and foremost priority. Only by working together, we can ensure that every child may pursue an education in a good atmosphere that promotes their mental health, minds and spirits in order to forge a brighter future for all.
Author(s) Name: Kaif Kamal (Savitribai Phule Pune University)
Reference(s):
[1] The Right to Education Act, s 17
[2]Ministry of Human Resource Development, National Policy on Education2020
[3] UNCRC, article 19
[4]PriyaRaghuvanshi, ‘TriptaTyagi Row: Schools where Teacher Taught Ordered To Remain Shut As Probe Continues,’ (Bussiness Today, 28 August, 2023) <https://www.businesstoday.in/latest/trends/story/tripta-tyagi-row-school-where-teacher-taught-ordered-to-remain-shut-as-probe-continues-395921-2023-08-28> accessed January 18, 2024
[5] ‘Rouvanjit suicide case: La Mart’s Principal, Four Others, Arrested’ (Hindustan Times, 4 Oct 2010)
<https://www.hindustantimes.com/kolkata/rouvanjit-suicide-case-la-mart-s-principal-four-others-arrested/story-wJIz8r7KdTUNxyO2I71DzN.html> accessed January 18, 2024
[6]‘What To Do Without A Cane? Face A Knife?’ (The New Indian Express, 16 May 2012)
<https://www.newindianexpress.com/cities/hyderabad/2012/Feb/11/what-to-do-without-a-cane-face-a-knife-338904.html> accessed January 19, 2024
[7]S.Jai Singh vs State Rep.By [2019] CC 5604
[8]Ambika S. Nagal v State of Himachal Pradesh (2020) CRMMO No 331
[9]Sister Linsa v Praseed [2020] CRL.MC.NO.2958
[10]Parents Forum For Meaningful Education &Ors v Union of India &AnrAIR 2001 Delhi 212
[11] Delhi School Education Rules, s 37(1)
[12] Delhi School Education Rules, s 37 (4)
