Corporal punishment – ​​Careers Ready

Reference

Recently Tamil Nadu School Education Department has abolition of corporal punishment Guidelines for (GECP) have been issued.

related facts

recently Madras High Court has emphasized the need to treat children with care and affection, as well as Condemnation of the practice of corporal punishment of children Is of.

Corporal Punishment

• Reference: According to the Right to Education (RTE) Act, 2009, corporal punishment includes Physical assault, mental harassment and discrimination Has been included.
  • There is no statutory definition of 'corporal punishment' for children in India.
  • however, Section 17(1) of RTE Act, 2009 Prohibits corporal punishment and mental torture and Offense punishable under section 17(2) makes.
• Classification: Corporal punishment can be broadly classified into two parts-
  • Physical Punishment: According to the National Commission for Protection of Child Rights (NCPCR), corporal punishment includes all actions which cause pain, injury, injury and discomfort to a child.
    • For example, standing on a bench, standing in front of a wall in a chair-like position, standing with a school bag on the head, holding ears with hands through legs, sitting on knees, forcefully swallowing anything, classroom, library, toilet. To stop for a long time etc.
  • Mental Harassment: It is any kind of non-physical activities, which is harmful to the academic and psychological health of the child.
    • For example, this includes sarcasm, using derogatory epithets towards the child and scolding, bullying, using derogatory comments towards the child, ridiculing the child, embarrassing etc.

Act for Protection against Corporal Punishment

• constitutional provisions
  • Article 21 A: Provision of compulsory education for children in the age group of 6 to 14 years.
  • Article 24: this article up to 14 years of age in risky ventures ban on child labor Puts.
  • Article 39(e): It is the duty of states to ensure that children are not abused due to economic inequality.
  • Article 45: It is the duty of the State to provide care facilities to children in the age group of 0-6 years.
  • Article 51A(k): It is the fundamental duty of parents to ensure that their child gets the opportunity of education during the age of 6 to 14 years.
• Guidelines issued by National Commission for Protection of Child Rights (NCPCR)
  • NCPCR has issued guidelines to abolish corporal punishment.
  • Under this, to promote positive relationships with children and ensure compliance with anti-corporal punishment measures. Corporal punishment monitoring room in every school Installation is included.
  • Drop Box There should be a facility where the victim can lodge his complaint while protecting his privacy.
• Right of Children to Free and Compulsory Education (RTE) Act, 2009
  • Section 17: It places a complete ban on corporal punishment.
    • There is a provision for disciplinary action against the guilty person.
  • Section 8 and 9: According to Section 8 and 9 of this Act, it is the duty of the Government and the local authority to ensure that children belonging to weaker sections and deprived groups are not discriminated against and are not prevented from receiving elementary education on any ground. Go.
  • Organization to curb corporal punishment: The 'National Commission for Protection of Child Rights' and 'State Commission for Protection of Child Rights' ensure whether children are being treated in accordance with the RTE Act, 2009 or not.
• Juvenile Justice Act (Care and Protection of Children), 2000
  • Section 23: Cruelty towards children is also prohibited.
    • Any person who restrains, assaults, confines, willfully neglects, etc. any juvenile or minor girl, resulting in mental or physical suffering, shall be punishable with imprisonment of either description for a term which may extend to six months, or with fine, or with both. There is provision for.
  • Section 75: Under this section, there is a provision for punishment for cruelty towards children.
• United Nations Convention on the Rights of the Child (UNCRC), 1989
  • Article 19: According to this article, any form of disciplinary action involving violence is unacceptable.
  • This article provides for the right of children to be protected from physical or mental injury and abuse.
• Indian Penal Code
  • Section 305: This section deals with inciting a child to commit suicide.
  • Section 323: This section deals with voluntarily causing hurt.
  • Section 325: This section deals with voluntarily causing grievous hurt.

Concerns about corporal punishment

• Violation of fundamental rights: Corporal punishment is not in accordance with the Constitution, as it violates the right to life with dignity, which is 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 UNCRC Article 37(A) It is also against the Convention, to which India is a signatory. According to this provision, no child should be subjected to torture, cruel or inhuman punishment.
• Physical and Psychological Concerns: Corporal punishment can cause physical injury, anxiety, harm to self-esteem and other mental health problems.
• violence: Corporal punishment normalizes violence in society.
• Discrimination: Corporal punishment may be viewed as a disproportionate or discriminatory method based on factors such as gender, race, or socioeconomic status.
• Impact on Education: Corporal punishment creates an atmosphere of fear in classrooms, which can lead to increased dropout rates and primarily affects the learning process.
• Lifelong problem: Corporal punishment can mean long-term trauma for sensitive children or a lifetime of mental harassment.
• negative consequences: Behavioral problems have arisen in children on grounds other than gender, caste etc., due to lack of proper care and teaching styles.
  • Continued physical punishment has led to an increase in negative outcomes for children. Physical punishment does not improve children but makes them worse.