Chhattisgarh

• 05 Aug 2024

Corporal Punishment

Why in News?

Recently, The Chhattisgarh High Court observed that subjecting a child to Corporal Punishment in school in the name of discipline or education is cruel, while dismissing a petition of a woman teacher accused of abetting the suicide of a student.

Key Points

• According to the court, imposition of corporal punishment on the child is not in consonance with his right to life guaranteed by Article 21 of the Constitution of India. Being small does not make a child a less human being than a grown up.

Corporal Punishment

• About:
  • Corporal is defined by the UN Committee on the Rights of the Child, as “any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light.”
    • According to the Committee, this mostly involves hitting (smacking, slapping, spanking) children with a hand or implements like sticks, belts, etc.
  • According to the World Health Organization (WHO), corporal or physical punishment is highly prevalent globally, both in homes and schools.
    • Around 60% of children aged 2–14 years regularly suffer physical punishment by their parents or other caregivers.
  • There is no statutory definition of ‘corporal punishment’ targeting children in India.
• Types of corporal punishment:
  • Physical punishment, as defined by the National Commission for Protection of Child Rights (NCPCR), encompasses any action that inflicts pain, injury, or discomfort upon a child.
    • This includes coercing children into uncomfortable positions such as standing on a bench, against a wall in a chair-like stance, or with a school bag on their head.
    • It also involves practices like holding ears through legs, kneeling, forced ingestion of substances, and confining children to enclosed spaces within the school premises.
  • Mental harassment pertains to non-physical mistreatment that adversely affects a child's academic and psychological well-being.
    • This form of punishment encompasses behaviours such as sarcasm, name-calling, scolding using derogatory language, intimidation, and the use of humiliating remarks.
    • It also includes actions like ridiculing, belittling, or shaming the child, creating an environment of emotional distress and discomfort.