Protecting Children against Corporal Punishment
- Three private school teachers in Pune have been booked under the Juvenile Justice Act over allegedly thrashing three Class 10 students, and threatening to grade them poorly in internal assessments
What is Corporal Punishment?
- By definition, corporal punishment means punishment that is physical in nature.
- There is NO statutory definition of ‘corporal punishment’ targeting children in the Indian law.
- The Right of Children to Free and Compulsory Education (RTE) Act, 2009 prohibits ‘physical punishment’ and ‘mental harassment’ under Section 17(1) and makes it a punishable offence under Section 17(2).
Identifying corporal punishments
- According to the Guidelines for Eliminating Corporal Punishment in Schools issued by the National Commission for Protection of Child Rights (NCPCR), physical punishment is understood as any action that causes pain, hurt/injury and discomfort to a child, however light.
Safeguards against corporal punishment
- Section 17 of the Right to Education Act, 2009, imposes an absolute bar on corporal punishment.
- Section 75 of the Juvenile Justice Act prescribes punishment for cruelty to children.
- Violation would invite punishment of rigorous imprisonment upto five years and fine up to Rs 5 lakh.
- If the child is physically incapacitated or develops a mental illness or is rendered mentally unfit to perform regular tasks or has risk to life or limb, then imprisonment may extend upto ten years.
What do NCPCR guidelines say about eliminating corporal punishment?
- The NCPCR guidelines for eliminating corporal punishment against children require every school to develop a mechanism and frame clear-cut protocols to address the grievances of students.
- Drop boxes are to be placed where the aggrieved person may drop his complaint and anonymity is to be maintained to protect privacy.
- Every school has to constitute a ‘Corporal Punishment Monitoring Cell’ consisting of two teachers, two parents, one doctor, and one lawyer (nominated by DLSA).