Topic > End corporal punishment in schools in India

In 2019, when we are in the thirtieth year of adopting the CRC, it has not yet been possible to guarantee and enforce children's rights. Therefore, there is an urgent need to discuss and devise ways to achieve the goals intended to be achieved through the 1989 CRC. The problem is so universal that approximately 60% of children between the ages of 2 and 14 are subjected to regular physical punishment by of their caregivers. This number is so large that the affected children are distributed across communities, regions, ethnicities, socioeconomic backgrounds, etc. The impact of such violence is that the victims themselves can become perpetrators when they become adults. The perpetration of violence against children has the worst impact when it occurs in schools because it affects learning and cognitive abilities. Say no to plagiarism. Get a tailor-made essay on "Why Violent Video Games Shouldn't Be Banned"? Get Original Essay Government efforts in India have resulted in the enrollment of a large percentage of children in schools, however, the government and society have failed to transform schools into places conducive to learning. The main reason for this failure is the use of corporal punishment as a disciplinary measure. Corporal punishment is a punitive act that involves the use of physical force against someone. A school is a place that should be the place where a child can gain knowledge in a free and stress-free environment. However, the reality is that mostly the environment in elementary schools is intimidating because children are often given corporal punishment for various reasons. any type of violence through legislative, administrative, social and educational measures. Articles 28(2) and 37(a) of the UNCRC require state parties to prevent torture and corporal punishment of children in places of learning. These provisions place the dignity of the child on the highest pedestal. Hitting or punishing a child at school in front of other students hurts the child's dignity, takes away his or her confidence and instills fear of school. Corporal punishment hinders the learning process by seriously affecting the mental health of the child in an indirect but evident way. The Constitution of India also provides the right to protection against such corporal punishment. Article 21 of the Constitution establishes the fundamental right to life and dignity and clearly subjecting children to corporal punishment constitutes a violation of dignity. It also hinders the right to education because many frightened children begin to avoid schools. Various indications in this regard have also been given to the State within the DPSP. Several provisions of the country's criminal law also make corporal punishment a crime. Sections 323 and 325 of the IPC, which provide for causing hurt, grievous hurt and crime, are clearly violated when a teacher subjects a child to corporal punishment. Lately the judicial position has also clarified on this issue. In the case of Hasmukhbhai Gokaldas Shah v. State of Gujarat, Gujrat HC clarified that corporal punishment on minors is not recognized by law and is totally unwanted. Furthermore, various provisions of the RTE Act 2009 and the JJ Act 2000 establish the right of children against such corporal punishment. Clearly, the Indian state has enacted a large number of laws to protect the rights of children, but has yet to achieve the objectives enshrined in the law. the United Nations CRC. The reason for this failure is that these rights provide only formal protection, while it is necessary to move towards substantive protection of children. The biggest problem in our opinion is the normalization of punishments 1989.