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AJOC, MARY JOESSA G.

BSLM-III
Law215-A
March 9, 2016

CORPORAL PUNISHMENT: Means of Discipline or An Abuse?

DEFINTION

Corporal Punishment is the use of physical force or humiliating/degrading

treatment causing some degree of pain or discomfort in order to discipline,

correct, control, change behavior or in the belief of educating/bringing up the

child.

It can take many forms including hitting the child, pinching or pulling the hair,

caning or whipping.

It takes various forms such as humiliation, threat, neglect, degradation,

demeaning and ridicule.

FORMS OF CORPORAL PUNISHMENT

Slapping on the face and head

Kicking and punching

Stoning

Child stands on one foot and stretches his arms up

Child stands on a bench, facing the class

Sit-stand: the child stands and sits continuously till she/he is fully exhausted

Standing for hours in the sun in the hot weather


Continuous running in the school compound

Pushing and shoving the child

Forcing pupils into humiliating and painful contortions. Murgha banana means to

assume the position of a rooster. It is a humiliating form of a corporal

punishment, in which the child bends his body forward in a semi-sitting position,

with his head down and buttocks up, arms twisted around knees and

holding/pulling his ears with his own hands

ILLUSTRATIVE CASE

Jharkhand: Girl dies after being punished under the sun for hours

Hindustan Times, Latehar (INDIA)

Rupanti (Roopvanti) Kumari, a 13-year-old girl who was allegedly punished by

her school teacher, Satyendra Yadav to strike a grueling stress position with a

brick on her back in the sun died after five days of high fever, a likely fallout of the

corporal punishment she underwent.

According to the victims family members, the para-teacher of a government

school at Bhusur Village in Latehar punished the teenager, by making her do a

chicken (murga) pose for hours on September 16, 2015 for not giving

satisfactory answers to his questions.

I had gone to meet the villagers who were highly agitated. Once a formal

complaint is lodged with the police and the senior officials, an impartial probe will

be conducted in the matter, Latehar Block Education Extension Officer, Ashok

Kumar said.
We are looking into the matter but no complaint has so far been lodged by the

family members. said Anoop Birthare, Latehar superintendent of Police.

Malo Masomat, the victims grandmother said that the girl was also beaten up.

We didnt sent her to the school to get killed. When she returned home from

school that day, she had ry high fever

She was made to do murga for hours in the sun. The teacher even put a brick

on her back. said Shrawan Paswan, a social activist who ought out the case of

corporal punishment after meeting the family members on Sunday.

They first took her to a local quack, then to a missionary hospital in Latehar, and

to RIMS, which the family members said, asked the them to take to a private

hospital.

After shuttling from one hospital to another for five days, her family members

brought her back home as they couldnt afford a private hospital. She died the

same day and was buried, September 21 of the same year.

We got her treated at Latehar and Ranchi. But she died as we could not arrange

her treatment after RIMS referred her. We had no option but to take her home.

The girls father died a few years ago, then the grandmother and mother work as

a daily-wage laborers.

The victims family and the villagers have demanded action against teacher have

threatened to lock down the school if no action is taken. When contacted the

accused teacher denied the allegations said they are baseless.


THE CONSEQUENCES OF CORPORAL PUNISHMENT

Physical Injury

Cognitive Development

Emotional Development

Social Development

Escalation

Early Years

Encouraging Cycle of Violence

Ineffectiveness

Impact on Enrolment, Retention and Learning Achievement in Schools

HUMAN RIGHTS VIOLATION

Childrens Rights

Anti-Violence Against Women and their Children (R.A. 9262)

UDHR Articles 3 and 5

Anti-Corporal Punishment Act of 2013


DECISION

CHILD RIGHTS PANEL WANTS TEACHER BOOKED OVER STUDENTS DEATH

Hindustan Times (Ranchi) October 15, 2015

Jharkhands child rights panel has recommended lodging of a criminal case

against a school teacher (Satyendra Yadav) accused of subjecting a student

(Rupanti Kumari) to a grueling four-hour-long corporal punishment which

allegedly led her to death.

Hindustan Times in its September 30 edition had published an exclusive report

about the incident, prompting the National Commission for Protection of Childs

Rights to order a probe into the matter.

Undoubtedly, the girls death is an outcome of the corporal punishment handed

over to her in the school. We have recommended criminal proceedings against

the guilty para-teacher, who has been suspended with immediate effect, Sanjay

Kumar Mishra, a member of the child rights body, told HT on Wednesday.

A two-member team of the panel had visited the school on Monday as part of its

investigations.

Corporal Punishment is banned in India and punishment ranges from one year in

jail for the first violation and up to three years for subsequent acts. The

punishment also includes fines up to 25,000 besides bar on promotions and

increments.

If proven guilty, the Jharkhand accused, however, could face more stringent

action as the rights panel has suggested slapping of laws under the provisions of
the Protection of Children from Sexual Offences Act, besides the Right to

Education Act, Juvenile Justice Act and Indian Peal.

We met the victims grandmother, parents, school management committee

members and villagers and they said that the grueling punishment caused her

death. Its the Hindustan Times report that led the state as well as the national

rights panel to take a cognizance of this unfortunate development, said Mishra.

Besides family members, activists too had demanded action against the guilty

teacher over the incident which had outraged the state. The grandmother of the

victime expressed happiness over the decision to book the culprit. We didnt

send her to school to get killed. Finally we seem to get justice, she added.

CONCLUSION

Corporal Punishment is a violation of childrens human rights recognized by most

relevant international human rights organizations. It has been gaining attention

by different UN bodies, including high recognition in the ongoing UN Study on

Violence against Children.

CP is a form of violence against children. Addressing physical punishment is an

entry point to prevent other forms of violence or inhuman and degrading

treatment against children. It is also an important cause for further denial of

childrens rights e.g. children drop out of school or run away from home to

escape violent and degrading disciplining methods, often ending up on the

streets or in institutions.