Corporal punishment has been a form of punishment in schools in India for a long time and sadly, this form of punishment still continues to thrive today. Many western countries have banned corporal punishment and there are several laws that are protect children from being hurt in such a brutal manner. However, most schools in India still advocate this type of punishment. “Spare the rod and spoil the child” is a popular quote among teachers and parents alike in many parts of the country.
In India corporal punishment extends till brutality and the Supreme Court introduced a law in the year 2000 to ban corporal punishment. Most states claim to follow this, however enforcement is lax and extreme brutality still goes on in most schools throughout the country.
Laws Relating To Corporal Punishment
The Indian Penal Code is supposed to protect children from being subjected to punishment in schools in India; however there are loopholes in the law that aids the use of such brutal punishments in school. According to IPC section 83, any child who has not done homework or has not dressed in an appropriate fashion should not incite any form of corporal punishment in schools in India. However, this is hardly ever implemented in reality and most children are still be subjected to corporal punishment for the above mentioned
faults.
All children under the age of seven are supposed to be exempted from criminal liability and any mistake they may have done cannot merit corporal punishment in schools in India as they are still in an age of innocence and they are incapable of understanding complex issues. According to the principles of Doli Incapaxi, children under the age of seven cannot be given any form of punishment.
There have been several cases of suicides and attempted suicide throughout the country owing to corporal punishment in schools in India. This practice continues despite such extreme measures being taken by students. The Indian Penal Code, Section 88 provides the headmaster or a guardian the freedom to inflict pain through corporal punishment in schools in India as long as the reason is justifiable. However, this protection does not last if a condition or problem like death occurs.
The Section 23 of the Juvenile Justice Act 2000 prohibits cruelty to children. The law does not excuse teachers and parents and they are liable for assaulting or exposing a juvenile to unnecessary forms of punishment.
Confusions In The Law
There are many contradictions that can be found in the law pertaining to corporal punishment as this is one of the main issues in the country. If headmasters are allowed to use brutal punishment on children up till a certain point, the headmaster himself becomes the judge of the extent to which he can carry on the penalty. Since the headmaster himself is the judge, the children are at his mercy and no other person is present to supervise the delivery of punishment and this dilutes the provisions in the law for the safety of children. At the same time using excessive force and punishing a child for a cause that is not justifiable is prohibited under the section 89 of the IPC. The law says that incidents outside the scope of good faith are prohibited.
