Spare the rod or go to jail: Change in law to punish child beaters who could go to jail for up to seven years



Teachers sticking to the 'stick formula' beware!



Your 'extreme ways' to discipline children may land you in jail and that too for seven years.



The ministry of women and child development has proposed imprisonment of up to seven years for perpetrators of corporal punishment.



A class V student was allegedly made to drink her own urine after she wet the bed in the hostel room of Visva-Bharati Patha Bhavan, Santiniketan

In a cabinet note, prepared to amend the Juvenile Justice Act, the ministry has sought to include a new section on corporal punishment, which defines such punishment commensurate with the provisions of the Indian Penal Code (IPC) for 'hurt' and 'grievous hurt' offences.



According to the ministry sources, the amendment could be put up for the Union cabinet's approval in a few weeks and definitely before the next Parliament session.



'The proposed Section 85, which could be incorporated in the Juvenile Justice Act, spells a jail term of up to 'one year or fine or both' in case a child is hurt and emotionally distressed.

'For every subsequent offence of this nature, the offender can be imprisoned for up to three years,' said a ministry official who did not wish to be identified.

For causing grievous hurt or severe mental trauma to a child, the offender could be liable for rigorous imprisonment of five years and fine and a subsequent conviction could lead to a jail term of up to seven years and fine.



Eleven-year-old Shanno Khan, al student in the Capital died a few days after she was allegedly beaten and made to stand in the sun for two hours by her teacher. All she had done was not recite the English alphabet correctly Rouvanjit Rawla, a class VIII student in Kolkata, hanged himself after he was allegedly humiliated for months by a teacher. The principal of the school was arrested along with some teachers but later granted bail

Second conviction for both levels of hurt (emotional and physical) would also mean dismissal from service for a school teacher or someone working in a children's home or orphanage.



The ministry's proposal has drawn mixed reactions. While the parents have welcomed it, school authorities have expressed their displeasure over the suggestion to punish the teachers.



VK Williams, principal of Mount Carmel School, Anand Niketan, feels such a change is excessive. 'I am not in favour of imprisonment of teachers if they resort to corporal punishment.



'A teacher punishes a child with good intention and not to hurt him or her. Corporal punishment is sometimes important to maintain discipline.



'I understand there are cases of excessive punishment, but because of one instance the whole education system is being berated. That is unfair,' said Williams.



A class I girl lost vision in left eye after she was allegedly thrashed with a notebook and slapped by teacher in Jhunjhunu, Rajasthan

Some other schools have extended their support but with an element of doubt. 'There is no doubt that corporal punishment has to be completely removed because a child-adult relationship is an imbalanced one.



'Even a tap on the head could end up hurting a child. But having said that the government will have to define a system how such cases should be investigated and there should be a safeguard so that the child is not victimised later on,' said Ameeta Wattal, principal, Springdales School, Pusa Road.



Parents, as expected, have given their thumbs up to the proposal.



'It's a much needed move and will go a long way in making children feel safer in schools as they will know that they have a law to protect them,' said Kamal Verma whose six-year-old son is studying in a reputed south Delhi school.



Although the Supreme Court had banned corporal punishment in schools in 2000, the 'system' is still prevalent in several institutions.



A National Commission for Protection of Child Rights (NCPCR) study in 2009-10 had found that 99 per cent of 6,700 students surveyed in seven states had suffered some form of punishment at the hands of their teachers.



In fact, on Teachers' Day this year, Subir Mondal, 'Father Vice-Principal' of a missionary school at Bandel in Hooghly district, West Bengal, had been arrested for beating up students with a cane for playing while decorating their classroom for celebrations.



Even the Right to Education Act provides for disciplinary action against 'erring' teachers. But, to date, there has been no provision for criminal prosecution to deter such offenders.



To add to that, sections 88 and 89 under the IPC, grant immunity to teachers or parents if they can prove they have acted in 'good faith'.



The proposed new section under the Juvenile Justice Act could help do away with the shield provided to teachers and parents under the IPC.



'If you look at the IPC, it doesn't cover mental trauma or emotional stress really. It seems the government is trying to cover that through the proposed section under the Juvenile Justice Act,' said advocate Somesh Arora.

The ministry of women and child development had issued guidelines on corporal punishment soon after 13-year-old Kolkata student Rouvanjit Rawla committed suicide after being caned in school in February 2010.



The guidelines provided for setting up child rights cells in all schools where children can file a complaint. They, however, have remained only on paper so far.



