What is Corporal Punishment?

Corporal Punishment is literally, 'the infliction of punishment on the body". A form of Corporal Punishment that seems to be the pivotal area of controversy is "Infliction of physical pain without injury". Thousands of children are physically abused each year by someone close to them, and many children die from the injuries. The emotional scars are deeper than the physical scars for those who survive after the punishment. Corporal Punishment goes by a variety of names including, but not limited to beating, whipping, slapping, punching, kicking or throwing, choking, biting and punishments which are inappropriate to a child's age.

Kinds of punishments in schools:

Physical Punishments:

Making the children stand on chairs, or tables where he keeps his books, keeping the school bags on their heads, making them stand for the whole day in the sun, make the children kneel down and do the home work are some of the examples the teachers take recourse to for punishing students.

Emotional punishment:

The emotional punishment affects children much deeper than the physical and other forms of punishments. For instance, scolding abusing and humiliating, slapping by the opposite sex, make them stand on the back of the class, suspending them for a couple of days, removing the shirts of the boys etc. Over the years several commentators like P Sainath have highlighted extreme forms of verbal abuse of dalit children.

Negative reinforcement:

Children are mentally oppressed by these punishments. For instance, locking them in a dark room, making the child to clean the premises, making the child run around the building, Detention during the break and lunch, deducting marks are some of the negative reinforcements to the children.

Impact of corporal punishment in schools:

Punishing or penal disciplining of children either at home or at schools leads to three kinds of reactions ie fear, hatred and anger.

If a person is used to frequent physical torture during his or her childhood, it has an impact on their adulthood as they start beating their own children in the similar way. Beating affects children's concentration in studies and the fear of punishment leads to a great number of dropouts. The Corporal Punishment often leads to antisocial behavior. The brutal disciplinary processes hinder the physiological growth of a person.

Laws on Corporal Punishment:

The Principle of "Doli incapaxi" which means, "there can be no Corporal Punishment even under penal provisions. The Indian penal code also follows the principle. Section 83 of IPC defines children between seven and twelve years as having immature understanding and under this provision a child cannot be subjected to physical punishment including imprisonment for their offences. Section 89 of IPC protects an act by guardian or by consent of guardian done in good faith for benefit of child under 12 years. However the same section says that this exception will not extend to cause death or attempting to cause death causing grievous hurt. Using excessive force, causing serious injury, purpose being very unreasonable can turn the act of guardian or teacher with the consent of guardian, an offence, because such incidents are outside the scope of good faith.

Criminal Liability:

Criminal Liability requires "bad intention" on the part of teacher. But if the teacher punishes the student with negligence and unreasonableness then the teacher cannot say that it was done in good faith. If a teacher exceeds the authority and inflicts unreasonable punishment he would lose the benefit of section 88 of IPC which protects acts done in good faith. Protection for act done in good faith under section 82 of IPC will not extend to grievous hurt and excessive use of force.

Juvenile Justice Act 2000:

Section 23 of Juvenile Justice Act 2000, provides punishment for cruelty to Juvenile or child. Whoever, hearing the actual charge of or control over, Juvenile or the child assaults, abandons, exposed or neglected in a manner likely to cause such juvenile or the child unnecessarily mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months or fine or both.

Need to Prohibit the Corporal Punishment by Law:

India being a signatory to UN Convention on Child Rights is under an obligation towards children by prohibiting the corporal punishment from schools. There should neither be physical nor mental punishment in humiliating methods. The stress and strain and the terrorized atmosphere are worst impact of the Corporal Punishment. Suicides are major consequences of corporal Punishments in schools. The state governments should enact appropriate laws and rules to save the children from violence.

Need to Mind Change:

Provisions of corporal punishment in rule 51 of Tamil Nadu School Education rules have been nullified. But still the Corporal Punishments are continuing in the schools particularly in rural areas.

Several State governments have also passed government orders to stop the Corporal Punishment. Notwithstanding these orders, little seems to have changed in the class rooms. The teacher should have the confidence in them that they can mould children without any Corporal Punishment and the mindset also should be changed against Corporal Punishment. The National Commission for Protection of Child Rights (NCPCR) has given various guidelines with regard to corporal Punishment in schools. When teaching becomes coercive students will not neither have proper education nor any discipline. Whenever such incidents of corporal punishment takes place in schools, the National Commission for Protection of Child Rights (NCPCR) as well as National Human Rights Commission (NHRC) should take cognizance of such cases and make necessary intervention. Children are precious resources of the nation, and therefore they are entitled to get education in an environment of freedom and dignity. Spare the rod and save the childhood should be the new slogan.

R Karunanidhi -Govt Law College, Madurai