Spare the Rod and …?

Is the RTE Act simply providing lip service to the ban on corporal punishment?

Gunjan Wadhwa | November 22, 2012



Corporal Punishments have been banned by the Hon’ble Supreme Court of India in 2000. The Right of Children to Free and Compulsory Education Act 2009 (RTE Act) further reiterated this ban through Section 17, thereby providing an assertion to legislative discourse of the Parliament of India.

Though such profound bans do not go without a certain degree of complacency, the RTE Act (as is popularly known) only provides for a disciplinary action under the service rules to whoever who is in contravention of the provisions of Section 17. Thus, is the Act, in its present form, simply providing lip service to the ban on corporal punishment?

A study conducted by the National Commission for Protection of Child Rights, Government of India in 2009-10, which gathered experiences of 6,623 children across seven States, found that 99.86% of children experienced punishment in schools of one kind or another. While 81.2% were out rightly told that they were not capable of learning, 75% were hit by a cane, 69% were slapped on their cheeks, and a few even received electric shocks! The study also made a revelation of sorts – children in Central, State and private schools were at equal risk of being subjugated to corporal punishments and the phenomenon was prevalent not only in government schools, as perceived commonly. Majority of the children inculcated an internalized fear of adults and many other psychological ramifications due to physical abuse and manhandle at schools, other than the damage caused to their physical health and well-being.

India is a signatory to the United Nations Convention on Rights of Children, whereby Article 28(2) requires the State parties to “take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity…”. Further, Article 37(a) requires State signatories to ensure that no child is subjected to torture or other cruel, inhuman or degrading treatment or punishment.

India has promulgated several provisions in its Constitution against banning of corporal punishments in the country. Article 21A of the Constitution provides that “the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.” This fundamental right has been actualised with the enactment of the RTE Act. Further, Article 39(e) directs the State to work progressively to ensure that “… the tender age of children are not abused”. Even Article 39(f) directs the State to work progressively to ensure that “children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.” The act of punishing students in school has also been punished under several of the general sections of the Indian Penal Code.

The Supreme Court of India, in case of Kishor Guleria vs. The Director of Education, held that the National Education Policy modified in 1992 completely banned corporal punishment in every school. The Policy talks about a child centered approach and encourages a warm, welcoming and encouraging approach to children in schools to allow overall development of the child.

The persisting problem today is that more than 90% of the cases are not reported owing to the fear residing within the psyche of children and the widespread social acceptance and resulting legitimacy of corporal punishment as means of ‘disciplining’ children. The most important task for the Government of India is to amend the RTE Act, whereby the legislature imposes a punishment to the violation of Section 17 of the Act. Corporal punishment must be banned in all settings, whether schools, institutions or the family.

Gunjan Wadhwa is research and policy analyst at National Commission for Protection of Child Rights, Government of India, New Delhi

Adwait Vikram Singh is Child Rights Lawyer and Activist

Comments

 

Other News

Cabinet approves viability gap funding to develop grid-scale energy storage systems

The Union Cabinet, chaired by PM Narendra Modi, has approved the Viability Gap Funding (VGF) Scheme for Development of Grid-Scale Energy Storage Systems, with a total financial support of Rs.14,500 crore for the period FY 2026-27 to FY 2030-31. The scheme aims to support the development o

Cabinet creates a pathway to absorb Agniveers in Defence Forces

An objective assessment in terms of organisational requirements and operational efficiency has brought out the outstanding performance of Agniveers in terms of skills, motivation levels, physical fitness and technological prowess. As envisaged earlier, based on merit, 25% of Agniveers will be offered reg

Modi inaugurates, lays foundation stone of Pune Metro projects

Prime minister Narendra Modi inaugurated and laid the foundation stone for Pune Metro projects worth around ₹21,800 crore on Tuesday through video conferencing. Addressing the gathering on the occasion, the PM extended warm Diwali greetings to the people of Pune and Maharashtra and remarked that f

Wired for good: Building sustainable cities with AI

The First Industrial Revolution in the 18th-19th centuries ushered in a paradigm shift in how cities were imagined. Fueled by railways, factories and grids, and obsessed with speed and scale, it was an ode to efficiency, which spurred unprecedented economic growth. Now, as the Fourth Industrial Revolutio

How social media is reshaping elections

Since Brazil’s return to direct presidential elections in 1985, no candidate who finished second in the first round of polling had ever won the presidency. Luiz Inácio Lula da Silva, now 81, has just done it. What explains the comeback, and what changed in Brazilian politics to make it possi

Cabinet approves Dearness Allowance, Dearness Relief

The union cabinet chaired by prime minister Narendra Modi on Wednesday approved the release of an additional instalment of Dearness Allowance (DA) to central government employees and Dearness Relief (DR) to pensioners with effect from 01.07.2026 representing an increase of 3% over the existing rates of 6

Upcoming Conferences



-->

Archives

Current Issue

Opinion

Facebook Twitter Google Plus Linkedin Subscribe Newsletter

Twitter