The furore which erupted over the unfortunate and alleged excessive physical assault of a minor student and the subsequent retaliation on the teacher by a students’ body have evoked strong, albeit divided opinion, especially amongst the students and teachers community. The greatest concern, however is the fact that the real and most pertinent issue of taking the law in one’s own hands has been sidelined and overshadowed by the outpouring of emotions. Cutting to the point, the Ministry of Women and Child Development has issued a set of guidelines that bans physical punishment of students. Accordingly, the first violation of the ban will invite up to one year in jail, or a fine of Rs.50,000 or both. For subsequent violations, imprisonment could be extended to 3 years with an additional fine of 25,000 rupees. Heads of schools will be responsible to prevent corporal punishment. Moreover, the guidelines provides for setting up a child rights cell in all schools where children can lodge a complaint. Prevention of Offences Against The Child Bill, 2009 which came into force on April 1 a year later, defines physical or mental harassment as illegal and punishable under sections 17(1) and 17(2). The Act came in reference to the repercussions seen on the child’s mental condition on being subjected to such harassment which include – increased aggressive attitude, behavior resembling vandalism, decreased self-esteem, reduced confidence and concentration strength and other serious defects.
However, according to a report on Summary discussions by the Working Group on Corporal Punishment, National Commission for the Protection of Child Rights Delhi, published in December 2008, 65 per cent of school going children are inflicted with corporal punishment which has been classified as an act of violence and abuse on children. Strictly defined ‘corporal punishment’ is the infliction of pain intended to change a person’s behaviour or to punish them. Though it mainly refers to physical pain either through hitting or forcing the child to sit /stand in uncomfortable positions; an evolving definition also includes within its ambit wrongful confinement, verbal insults, threats and humiliation, which are used with impunity and in utter disregard to the law of land and principles of learning. All children under the age of seven are supposed to be exempted from any form of punishment according to the principles of Doli Incapaxi: meaning “incapability of the child” to distinguish right from wrong.
The ultimate question: why did the students body, instead of resorting to legal assistance to address a perceived violation of the laws and guidelines framed for the protection of children against cruelty including corporal punishment of students, had to take the law in their own hands and wreak vengeance on the teacher which is unbecoming of a body whose expressed objective is to safeguard the interests and upkeep the standards of the students community?