Corporal punishment is a violation of a right of the Child to protection from all forms of violence, abuse and maltreatment in any setting. The Convention on Child Rights (CRC) to which the Government of India is a signatory, states that learning environments should respects children’s dignity and discipline in school should be administered in a manner consistent with children’s dignity.

The National Policy on Education (1986, modified 1992) states that “corporal punishment will be firmly excluded from the educational systems”.

The Right of Children to Free and Compulsory Education Act, 2009 (No 35 of 2009) (26 August, 2009) prohibits physical punishment and mental harrasment to the to the child.

The Act states:
(1) No child shall be subjected to physical punishment or mental harassment.
(2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such persons. The enactment of the new legislation is the first step towards the universal prohibition of corporal punishment in schools and other educational institutions.

However, as is always the case in India, implementation is a serious challenge. Only 17 states/union territories in India have prohibited corporal punishment in schools under the National Policy on Education and even in states that have prohibited, there is no way to know if the guidelines of corporal punishment are followed. However, from what appears from sporadic newspaper reports and experiences of interacting with students, teachers and parents, corporal punishment is often an accepted and sanctioned part of education.

The Right of Children to Free and Compulsory Education Act, 2009 that has seen civil society engagement in its formulation is considered to be more comprehensive. However, there are apprehensions that the provisions of the Right of Children to Free and Compulsory Education Act, 2009 may be inadequate in that disciplinary action will be determined by “service rules”. The threat of such disciplinary action, of possibly losing their job, however may not be enough to deter teachers. Equal protection demands that the criminal law should be available and enforced. The Juvenile Justice (Care and Protection of Children) Act (2000, amended 2006) provides punishment for cruelty to juveniles or children both in and beyond childcare institutions. The Act makes no exceptions and intends to punish cruelty by those in authority and applies equally to parents, guardians and teachers.

Physical and other forms of humiliating and abusive treatment are not only a violation of the child’s right to protection from violence, but also counter-productive to learning and indeed to child development. However, public action also need to change societal attitudes towards corporal punishment has to be understood by the society first, before policies have an impact.

What should be policy priorities in dealing with corporal punishment?