A school teacher in Pune slapped a student and banged his head against a bench for not completing a drawing assignment. The assault allegedly led to facial paralysis. 

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In another horrifying case that surfaced in a private school in Jharkhand, a head teacher punished 13 students by forcibly making them hold their hands over a candle flame. 

Another appalling incident of corporal punishment was the death of a Class 1 student, who was mercilessly thrashed by his teacher for stammering during a lesson. In yet another case, a Class 3 pupil lost his hearing ability after allegedly being slapped by his teacher.  

A 2007 study conducted by the Ministry of Women and Child Development found that every two out of three school children had experienced some form of corporal punishment. 

A report published by the National Commission for Protection of Child Rights (NCPCR) revealed that out of the total students surveyed, an alarming 99% reported facing corporal punishment. 

Despite it being banned in schools by law, corporal punishment is rampant in most parts of the country and children are still subjected to it within the confines of educational institutions. 

The term corporal punishment suffers for the want of a definition under Indian law. As per the Right to Education (RTE) Act of 2009, it can be classified into physical punishment, mental harassment and discrimination. Physical punishment includes pinching, slapping and detention in any enclosed area of the school. Mental harassment consists of name-calling or passing of derogatory remarks, and discrimination covers prejudices, denial of mid-day meals, books or uniforms on the grounds of caste, community, religion or gender. 

Certain guidelines were laid down by NCPCR to eliminate corporal punishment. These guidelines require teachers and school authorities to remain composed while dealing with offensive conduct and to provide students with the opportunity of explaining themselves before taking any action. Consultations with parents and child counsellors are also encouraged under the guidelines. 

Additionally, schools are required to constitute a Corporal Punishment Monitoring Cell to take cognisance of complaints of corporal punishment. These guidelines, however, exist only on paper.

The penalty imposed for corporal punishment is prescribed by the Juvenile Justice (Care and Protection of Children) Act, 2000. Section 23 of this legislation reads as follows: “Whoever, having the actual charge of, or control over, a juvenile or the child, assaults, abandons, exposes or wilfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile or the child unnecessary mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or fine, or with both.” 

Notwithstanding various legal safeguards, corporal punishment is widely prevalent across the country.

Both teachers and parents remain woefully unaware of child rights and the disastrous consequences of corporal punishment. It is socially accepted so widely that it is often shrugged off as a part and parcel of growing up. 

Parents are reluctant to raise their voices due to the fear that their child’s education would be adversely impacted. The concept of justifying corporal punishment by carrying it out in the garb of discipline is so pervasive that students themselves often do not realise that their basic rights have been violated. 

It not only abuses the freedom, but also the dignity of the student. Punishments given in school hinder the development of the full potential of the student and leaves behind an emotional scar. The trauma closely associated with corporal punishment contributes to poor academic performance, increased dropout rates, tattered self-confidence and a dip in retention rates. 

It is recognised worldwide that the impact of corporal punishment is physically, educationally, emotionally and psychologically damaging. It gives children the dangerous idea that resorting to physical means is an acceptable method of resolving conflicts.

The NCPCR guidelines pertaining to corporal punishment must be strictly implemented to ensure that no child faces the brunt of it. Putting children through corporal punishment to reform them cannot be considered as a part of education. Students must be provided the option of availing in-house counsellors and child psychologists. School authorities ought to be educated of the appropriate methods and strategies to effectively deal with misconduct, indiscipline or any other difficult situation that may arise. 

Through campaigns and workshops, students should be made aware of their right to raise their voice against corporal punishment and bring such cases to the notice of officials concerned. The abysmal student-teacher ratio must be urgently addressed to ensure that teachers are not burdened with a larger number of students than they can ideally deal with. The principle in domestic law of the ‘best interests of the child’ must be appreciated and put into practice.

The general mindset is that schools act in accordance with the best interests of the student, and thus, corporal punishment is concealed in the guise of love, concern and encouragement. 

This perspective must be discarded and teachers should be taught to treat their students with respect for their intrinsic dignity.  Providing support and guidance mechanisms in the form of non-violent methods while dealing with indiscipline or difficult behaviour, is an absolute must if corporal punishment is to be eliminated. 

Training teachers to develop better classroom management skills is imperative. An invaluable national resource, students need to be treated with affection and tenderness, not cruelty and rods. 

Author is a student of ILS Law College, Pune