What Is The Punishment For Beating A Child?
- Mehtab Ali
- Jan 20
- 4 min read
Children Subjected To Violence In Any Form Lose Their Dignity And Endure Not Only Physical Hurt But Also Mental Agony. The Premise That Just By Entering School, Children Should Forfeit Their Rights Is Utterly Unacceptable. The Paradox Becomes Stark When Educators Who Are Supposed To Teach Values And Discipline Resort To Inflicting Violence. Laws And Regulations Must Be Reinforced To Curb Such Behavior And Ensure Proper Protection For Children.
Regarding Corporal Punishment, Many Schools Still Fail To Apply Appropriate Standards. It’s Important To Recognize That Even The Slightest Physical Force Can Have Devastating Effects On A Child’s Well-Being, Both Physically And Mentally.
Punishment For Beating A Child:
Section 17(1) Of The Right Of Children To Free And Compulsory Education Act, 2009 Makes It Unlawful To Administer Any Form Of Physical Punishment, Mental Harassment, Or Corporal Punishment In Schools. This Law Ensures The Safety And Dignity Of Children Within Educational Institutions.
Section 23 Of The Juvenile Justice (Care And Protection Of Children) Act, 2000 Also Prohibits Child Abuse. It Holds Adults And Educators Accountable For Any Physical Or Mental Harm Inflicted Upon Children. The Act Specifies That Anyone With Actual Charge Or Control Over A Child Who Causes Harm – Whether Through Physical Violence, Neglect, Or Emotional Abuse – Will Be Punished With Imprisonment For Up To Nine Months Or A Fine. This Law Is A Crucial Step Towards The Criminalization Of Child Abuse In India.
It Is Illegal To Harm A Child In Any Way, And Individuals Accused Of Causing Voluntary Or Grievous Hurt Under Sections 323 And 506 Of The Indian Penal Code (Ipc) May Face Criminal Charges.
Section 75 Of The Juvenile Justice Act Specifically Addresses Penalties For Maltreatment. It States That Anyone In Charge Of A Child Who Commits Abuse, Neglect, Or Exposes A Child To Harm Will Face Severe Penalties. The Law Emphasizes The Responsibility Of Caregivers, Parents, And Educators In Ensuring The Child’s Well-Being.
Constitutional Provisions:
Violence Against Children Violates The Right To Live With Dignity, A Fundamental Right Enshrined In The Indian Constitution.
Article 21 Of The Indian Constitution Guarantees The Right To Life And Personal Liberty, Which Includes The Right To Live With Dignity. This Encompasses The Right To Education, Where Children Should Be Treated With Respect And Free From Harm.
Article 21-A Ensures Free And Compulsory Education For Children Between The Ages Of 6 And 14. The Government Is Mandated To Provide An Environment Conducive To Learning, Devoid Of Violence Or Fear.
Article 39(E) Mandates The State To Ensure That Children Are Not Subjected To Abuse, And Their Childhood Is Protected From Exploitation.
Article 39(F) Highlights The State's Responsibility To Provide Opportunities For The Healthy And Safe Development Of Children, Free From Any Form Of Physical Or Mental Abuse.
Guidelines For Preventing Corporal Punishment:
The National Commission For Protection Of Child Rights (Ncpcr) Has Set Standards To Eradicate Corporal Punishment In Schools. These Guidelines Aim To Safeguard Children's Rights And Ensure That Educational Environments Are Free From Violence.
Schools Are Encouraged To Create Clear Procedures For Addressing Student Grievances. Confidential Complaint Boxes Should Be Provided To Maintain Privacy And Encourage Children To Report Incidents Of Abuse.
A Corporal Punishment Monitoring Cell (Cpmc) Must Be Established In All Schools. This Cell Should Consist Of Two Teachers, Two Parents, A Doctor, A Lawyer (Nominated From The District Legal Services Authority), A Counselor, And An Independent Child Rights Activist. The Cpmc Will Investigate Complaints Of Physical Punishment And Take Necessary Actions To Address Them.
Despite Legal Frameworks, The Practice Of Physically Punishing Children Continues In Some Schools. The Saying “Spare The Rod And Spoil The Child” Still Persists, Though Research Shows No Evidence To Suggest That Physically Punished Children Grow Up To Be More Disciplined Or Law-Abiding Than Those Raised Without Such Punishment. In Fact, Such Practices Can Lead To Severe Emotional Trauma And An Increased Likelihood Of Violent Behavior.
Impact Of Physical Abuse On Children:
Physical Abuse Causes Lasting Damage To Children. It Can Make Them Bitter, Withdrawn, And Hostile Toward Their Caregivers, And May Even Lead Them To Seek Revenge. Worse, Some Children Grow Up Believing That Violence Is Acceptable And May Continue The Cycle Of Abuse Into Adulthood.
It Is Crucial To Understand That Effective Discipline Doesn’t Involve Physical Punishment. Children Can Learn The Difference Between Right And Wrong Through Dialogue, Guidance, And Positive Reinforcement. There Are Numerous Ways To Teach Discipline Without Resorting To Violence.
Legal Support:
Lead India Provides Various Legal Services, Including Free Legal Advice And Online Legal Consultations. If You Have Concerns Regarding Child Abuse Or Corporal Punishment, You Can Talk To A Lawyer And Receive Guidance On How To Proceed. Legal Experts From Lead India Are Available For Support, Helping You Navigate The Legal Complexities Surrounding Child Rights And Protection.
Conclusion
The Issue Of Corporal Punishment In Schools Is Not Only A Legal Concern But A Moral One. It’s Imperative For Society To Move Beyond Traditional Punitive Measures And Adopt Modern, More Humane Approaches To Discipline. Children Are Our Future, And Ensuring Their Well-Being Is Our Collective Responsibility. The Laws In Place Are Strong, But They Need Better Enforcement. It’s Time For Schools And Institutions To Become Sanctuaries Of Safety And Support, Where Children Can Grow, Learn, And Flourish Without Fear Of Physical Harm.
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