Kara Sears
Corporal punishment, defined as any punishment involving physical force to cause pain or discomfort, is considered a violation of children's rights. Despite this, it is still prevalent in India, especially in rural and backward areas, and has been reported by 65% of school-going children. While India has made progress towards prohibiting corporal punishment, it is not explicitly illegal. The Indian Penal Code (IPC) of 1860 previously provided a legal defence for its use, and while the new Bharatiya Nyaya Sanhita (BNS) of 2023 replaced this, Section 27 of the BNS may still be construed as providing a defence for corporal punishment. However, the 2000 Delhi Supreme Court judgment concluded that corporal punishment violated the Constitutional right to life, and India has committed to prohibiting it in all settings.
| Characteristics | Values |
|---|---|
| Year | 2000 |
| Court | Delhi Supreme Court |
| Judgement | Corporal punishment violates the Constitutional right to life |
| Articles | 19, 29, 37, 21 |
| Definition of Corporal Punishment | Any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light |
| Forms of Corporal Punishment | Physical, Staring, Scolding, Abusing, Slapping, Spanking, Using any object to punish a child |
| Places Corporal Punishment Occurs | Schools, Care Institutions, Homes |
| Laws to Prohibit Corporal Punishment | Right to Free and Compulsory Education Act 2009, Bharatiya Nyaya Sanhita (BNS) 2023 |
| Bodies Working Towards Eradication | National Commission for the Protection of Child Rights (NCPCR) |
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What You'll Learn
Corporal punishment in schools
In recognition of the harmful nature of corporal punishment, India has taken steps towards prohibiting it in schools. The Indian government officially banned corporal punishment in schools in 2010, with the Ministry of Women and Child Development issuing guidelines that imposed jail time, fines, and professional consequences for teachers found guilty of administering corporal punishment. The guidelines also mandated the establishment of child rights cells in schools to handle complaints. This move came after a heated debate sparked by the tragic suicide of 12-year-old Rouvanjit Rawla, who was humiliated and caned by the principal of his school in Kolkata.
Despite the ban, the enforcement of these guidelines has been inconsistent, and corporal punishment continues to occur in both government and private schools across India. The Indian Penal Code (IPC) of 1860 and its subsequent iterations, such as the Bharatiya Nyaya Sanhita (BNS) adopted in 2023, have provisions that have been interpreted as providing legal defence for the use of corporal punishment. For example, Section 88 of the IPC and Section 27 of the BNS allow for acts done in "good faith" for the benefit of a person under the age of twelve or a person of unsound mind. These sections have been used to justify corporal punishment by teachers and caregivers.
To address this issue, there have been calls for law reform to explicitly prohibit corporal punishment in schools. The National Commission for the Protection of Child Rights (NCPCR) has issued guidelines for eliminating corporal punishment, instructing schools to develop mechanisms and protocols for addressing student grievances and establishing 'Corporal Punishment Monitoring Cells'. Additionally, the Gujarat High Court ruled in 2008 that corporal punishment is not recognised by law, and individuals who inflict harm on children can be charged under various sections of the IPC for assault, criminal force, and abetment of suicide, among other offences.
The United Nations Committee on the Rights of the Child has also played a role in advocating against corporal punishment. In 2006, the committee issued a general comment titled 'The Right of the Child to Protection from Corporal Punishment and Other Cruel or Degrading Forms of Punishment', emphasising the obligation of state parties to prohibit and eliminate such practices. This aligns with Article 21 of the Indian Constitution, which considers violence against children a violation of their right to live with dignity, and Article 21A, which guarantees the right to education.
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Corporal punishment in care institutions
Corporal punishment is a daily routine punishment for some children in India. It is defined by the Committee on the Rights of the Child as "any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light". Corporal punishment is also known as physical punishment and involves hitting, slapping, spanking, or using any object to punish a child. It also includes mental harassment, such as humiliating, threatening, or using abusive language with the child.
In India, corporal punishment is common in schools, including both government and private schools. Teachers in schools, caretakers in alternative care institutions (orphanages, juvenile homes, foster care homes, hostels, etc.), and parents are the three categories of self-appointed, extra-judicial authorities who take cognizance of the wrongs committed by their wards, hold their trials, and execute punishments in extreme disregard of the law. They claim protection under Provisions of Sections 88 & 89 of the Indian Penal Code, 1860. Section 88 safeguards "Acts not intended to cause death, done by consent in good faith for person's benefit" and Section 89 protects "Act done in good faith for benefit of child or insane person, by or by consent of guardian."
However, there are laws in place to prohibit corporal punishment in care institutions in India. The Juvenile Justice (Care and Protection of Children) Act, 2015, confirms the prohibition of corporal punishment in observation homes and other institutions for children in conflict with the law (Article 82). The Act defines corporal punishment as "the subjecting of a child by any person to physical punishment that involves the deliberate infliction of pain as retribution for an offence, or for the purpose of disciplining or reforming the child" (Article 2(24)). A child care institution is defined as a "children's home, open shelter, observation home, special home, place of safety, specialized Adoption Agency, and a fit facility recognized under this Act for providing care and protection to children who are in need of such services" (Article 2(21)).
Additionally, the National Commission for the Protection of Child Rights (NCPCR) has provided methods for putting an end to corporal punishment in schools, including physical punishment and mental harassment. The Tamil Nadu School Education Department has also released guidelines for the elimination of corporal punishment in schools (GCEP), focusing on safeguarding the physical and mental well-being of students.
Despite these laws and guidelines, corporal punishment remains lawful in most settings of children's lives in India, and there is no evidence of plans to introduce legislation prohibiting it in the near future. This is concerning, as corporal punishment has been shown to have negative outcomes for children, including behavioural problems, increased anxiety and depression, and poor academic performance. It is essential to address this issue through legal measures and a change in mindset to adopt a zero-tolerance approach towards any form of violence against children.
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Corporal punishment as a sentence for a crime
Corporal punishment, also known as physical punishment, is defined by the Committee on the Rights of the Child as "any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light". This definition is echoed by the National Commission for the Protection of Child Rights (NCPCR), which includes in its definition of physical punishment any action that causes affliction, torture, injury, and strain to the child. The NCPCR also includes in its definition of mental harassment any non-physical mistreatment that adversely affects a child's academic and psychological well-being.
In India, corporal punishment has technically been abolished by law. However, it continues to be practised in many schools and as a sentence for a crime in traditional justice systems. The Indian Penal Code (IPC) of 1860, which was replaced by the Bharatiya Nyaya Sanhita (BNS) in 2023, previously provided a legal defence for the use of corporal punishment. Sections 88 and 89 of the IPC safeguarded acts done in good faith for the benefit of a person or a child/insane person, respectively, by or with the consent of their guardian. Despite the new penal code, a ruling by the High Court of Bombay at Goa in February 2023 cited Section 89 of the IPC to rule that a teacher could not be fined for administering corporal punishment.
The BNS, which is applicable to all of India, includes a provision similar to Section 89 of the IPC. Section 27 states that nothing done in good faith for the benefit of a person under twelve years of age or a person of unsound mind, by or with the consent of their guardian, is an offence. This section has been criticised for potentially providing a legal defence for the use of corporal punishment and there have been calls for it to be amended or repealed.
In addition to legal reforms, there have been efforts to address corporal punishment through guidelines and monitoring committees. For example, the Tamil Nadu School Education Department released guidelines for the elimination of corporal punishment in schools, focusing on safeguarding the physical and mental well-being of students and addressing any form of harassment. Each school is also required to constitute a 'Corporal Punishment Monitoring Cell' consisting of teachers, parents, a doctor, and a lawyer.
Despite these efforts, India continues to face challenges in eliminating corporal punishment as a sentence for a crime and in other settings, including schools, alternative care institutions, and the home. There is a need for increased awareness and legal reforms to ensure the protection of children's rights and well-being.
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Corporal punishment in the home
Corporal punishment is defined by the Committee on the Rights of the Child as "any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light". This includes hitting, slapping, spanking, and using implements such as a whip, stick, belt, shoe, or wooden spoon. Corporal punishment is also associated with mental harassment, including staring, scolding, using humiliating adjectives, threatening, or using abusive language.
In India, corporal punishment is common in schools, with teachers using it as a means to discipline students. It is also prevalent in care homes, with staff admitting to using physical punishment and other forms of humiliation on children. While there are laws in place, such as the Juvenile Justice (Care and Protection of Children) Act, 2015, and the Protection of Child Rights Act, that prohibit corporal punishment in penal and alternative care institutions, there is currently no explicit law in India that declares corporal punishment as illegal in the home.
However, there are efforts to eradicate corporal punishment in India. The National Commission for Protection of Child Rights and the State Commissions for Protection of Child Rights are two statutory bodies working towards this goal. Additionally, the Right of Children to Free and Compulsory Education Act, 2009, aims to safeguard children's physical and mental well-being and address any form of harassment.
While there is no specific law against corporal punishment in the home, it is essential to recognize that any form of corporal punishment is a violation of children's rights and can have detrimental effects on their physical and mental health. India has taken steps towards addressing this issue through legislation and the work of statutory bodies, but there is still progress to be made to ensure the protection of children from corporal punishment in all settings.
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Corporal punishment by parents
Corporal punishment is defined by the Committee on the Rights of the Child as "any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light". Corporal punishment is also known as physical punishment and involves hitting ("smacking", "slapping", "spanking") children, with the hand or with an implement such as a whip, stick, belt, shoe, or wooden spoon. In India, corporal punishment is common in schools and is used as a form of discipline or correction. Teachers who are unable to discipline their students often resort to physical assault. This form of punishment not only takes place in government schools but also in private schools. Corporal punishment is also prevalent in alternative care institutions such as orphanages, juvenile homes, foster care homes, and hostels, where caretakers act as extra-judicial authorities and pronounce and execute punishments.
While there is no proper definition of corporal punishment in Indian laws, it is protected under Provisions of Sections 88 & 89 of the Indian Penal Code, 1860. Section 88 safeguards "Acts not intended to cause death, done by consent in good faith for a person's benefit", while Section 89 protects "Act done in good faith for the benefit of a child or insane person, by or by consent of the guardian". Additionally, Section 27 of the Bharatiya Nyaya Sanhita (BNS), 2023, states that any action taken in good faith for the benefit of a person under twelve years of age or a person of unsound mind is not an offence, regardless of any harm it may cause. This section has been criticised for providing a legal defence for the use of corporal punishment and there have been calls for its amendment or repeal.
The Delhi High Court ruling in 2000 interpreted Article 21 of the Indian Constitution as guaranteeing a life of dignity, which includes protection from corporal punishment. The ruling stated that corporal punishment is not in keeping with a child's dignity and is cruel to subject them to physical violence in the name of discipline or education. This interpretation established a ban on corporal punishment in India, which is further reinforced by regulatory policies such as the Right of Children to Free and Compulsory Education (RTE) Act 2009 and National Commission for Protection of Child Rights (NCPCR) 2012 guidelines.
Despite these interpretations and policies, corporal punishment by parents remains lawful in the home. However, there have been efforts to address this issue through law and measures beyond the law. The National Commission for the Protection of Child Rights (NCPCR) has provided methods for putting an end to corporal punishment, including physical and mental harassment. Additionally, there have been recommendations to amend the Juvenile Justice Act to provide for complaints and prosecution mechanisms for cases of custodial abuse of children. This includes amending the Code of Criminal Procedure and the Police Act to remove the requirement for government approval for the prosecution of law enforcement officials in cases of alleged custodial abuse or illegal detention.
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Frequently asked questions
Corporal punishment is the use of physical force against a child as a 'corrective' form of enforcing discipline. It involves physical force that causes pain or difficulty to the child.
Some examples of corporal punishment include slapping, spanking, caning, duckwalking, tying up children, or using any object to punish a child, such as a whip, stick, belt, shoe, or wooden spoon.
The Indian legal system has taken steps to address corporal punishment. The Right to Free and Compulsory Education Act of 2009 explicitly prohibits physical punishment in schools for children aged 6-14. The National Commission for the Protection of Child Rights (NCPCR) has also provided guidelines for the elimination of corporal punishment in schools, focusing on safeguarding the physical and mental well-being of students. Additionally, the 2000 Delhi Supreme Court judgment directed the state to ensure that children are not subjected to corporal punishment in schools and receive education in a dignified environment.
India has made significant progress towards eradicating corporal punishment, but there is still work to be done. The Bharatiya Nyaya Sanhita (BNS) of 2023, which replaced the previous Penal Code of 1860, should be amended to remove legal provisions that could be construed as providing a defence for corporal punishment. Additionally, legislation should be enacted to prohibit corporal punishment in all settings, including religious schools and the home, bringing India in line with international standards.
