This article is written by Harshika Gaur from the School Of Law, HILSR, Jamia Hamdard.
Abstract
Children are the most important assets of any society. As a nation, we have always strived toward the development and well-being of our children. With the right support and guidance, they can grow to become responsible adults and contribute meaningfully to society. However, with changing times and circumstances, this has become increasingly challenging. Armed with new ideas on child rearing and education, parents have stopped subjecting their children to corporal punishment in schools and homes. Corporal punishment is not an effective way to discipline a child, this leads to the development of negative behaviour in a child and also affects their mental health not only this it also violates the right to protection of a child.
Introduction
Children have also been given more privileges as minors under the law. They can no longer be disciplined by their parents or teachers through physical punishment such as slapping or hitting them with an object in any way that may cause pain or injury. Therefore, parents and caregivers must find other ways of disciplining their children without resorting to physical punishment. Despite stringent laws that protect children from corporal punishment at home, school, and other institutions they frequent, there continues to be a general disregard for the rights of these young ones from various sections of society including parents who continue to resort to it as a form of corrective action in response to disobedience or misconduct.
What is Corporal Punishment?
Corporal punishment is the use of physical force to inflict pain as a form of punishment or coercion. It's usually applied to the body, but it can also refer to punishments that affect an individual's reputation (such as repressing freedom of speech). It can come in many forms, including spanking, hitting, kicking, shoving, grabbing, pulling, and slapping. Corporal punishment is outlawed chiefly around the world. There are two major exceptions to this rule: In some parts of Asia, Southeast Asia, and the Middle East, it is a tradition to spank children as a form of punishment. In the United States, some forms of corporal punishment are still legal.
Effects of Corporal Punishment
The debate on the legality of corporal punishment has been ongoing for many years now. Many people believe that it is an effective form of punishment for children who have been disobedient or misbehaved, while others feel that it is an inhumane act towards minors and should be banned in all parts of the world. The latter opinion is supported by numerous studies that have found that physically punishing children can negatively affect their behaviour as they grow older. There have been several studies conducted in recent years showing that corporal punishment is not an effective way to discipline children and that it can even be counterproductive. These types of punishments are not only physically painful but also affect the child mentally. Recent studies have shown that the child that has been a victim of corporal punishment deals with stress, which leads to negative behaviour.
Legal Protection for Children in India
Indian law prohibits corporal punishment in schools and other institutions through the Prohibition of Corporal Punishment Act (2013). This law prohibits all forms of corporal punishment and other cruel, inhuman, or degrading forms of punishment in all institutions providing education or care to children, including government or government-aided schools, schools receiving financial assistance from the government, government-sponsored residential schools, non-governmental schools, madrasas, and children's homes. The law also applies to children being educated in home study groups. The law distinguishes moderate physical punishment and corporal punishment, with the latter being prohibited. However, the law does allow for moderate physical punishment. Moderate physical punishment is defined as “a mild but reasonable and fair application of physical force by way of correction, for the disciplined and healthy teaching-learning process and proper care and cultivation of children.”
The Rights of the Child under the Law
The rights of children as enshrined in the Convention on the Rights of the Child are:
The right to protection
Children have a right to be protected from any harmful acts such as exploitation, discrimination, abuse, or sexual abuse. To completely realize children's rights to protection, it is necessary to have a different attitude toward children and their needs. It’s important to have a good bond with the child so that instead of fearing their loved ones, they share things with them.
The right to health
The realization of children's rights is strongly correlated with addressing access to health. According to the statistics, 39 children die per 1000 births under the age of 5 in India children and pregnant women have a hard time receiving the right health care and proper medical care facilities. There’s a lack of access to clean water and inadequate sanitary facilities due to which many children get infected with the deadly disease.
The right to education
Following Article 21A of the Indian Constitution, children in India between the ages of 6 and 14 have the right to free and compulsory education. This means that every child has a right to elementary education. In rural areas, mid-day meals are provided to attract children to come to school but the attendance remains poor.
The right to life
“Everyone has the right to life, liberty and the security of persons”, and that “no person shall be deprived of his life or personal liberty…”. Children are no exception to this. Due to so many issues, children lose their lives every day, human trafficking lack of medical health care not only this, in India many families used to kill girl fetuses by sex determination, so this has been banned in India as it violates the right to life.
Judgments
In this case, it was held that Corporal punishment violates the right to life of a child that is guaranteed by article 21 of the constitution. Corporal punishments are banned in all institutes such as schools, daycares, tuition, etc.
The right to free and compulsory education Act, 2009 expressly outlaws physical punishments.
Court held that child labour is a national problem and is not confined to a single place only. It found that children's rights were safeguarded by Articles 24, 39(e) and 9(f), 41, and 47 of the Indian Constitution.
Conclusion
Corporal punishment is an act of violence against a child that has no place in modern society. It can cause the child long-term physical and psychological damage and can lead to negative behaviour. Corporal punishment is an ineffective way to discipline a child as it does not teach them how to be responsible, it teaches them to fear their parents. It also does not provide a child with a sense of justice and fair play as they may feel that they did not have a say in their punishment as they did something wrong. If we are serious about the rights and well-being of our children, corporal punishment must be banned in all forms once and for all.
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