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Friday, April 28, 2006

India Intelligence Report

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Since when is Punishing a Child Good?

 

In the narrowest interpretation of the law, the Karnataka High Court ruled that under the Sec 95 of Indian Penal Code, a school could beat a child if such beating was done in good faith and to discipline the child. In a similar ruling, the Maharashtra High Court had ruled in an earlier case that the when parents send their children to school, there is an implied transfer of rights to discipline and control the child.

While, no one will dispute that the role of teachers is not only to teach academics but also good values, no reasonable person will argue that corporal punishment is the best way to discipline a child. Edwardian era model of teaching required routine corporal punishment to teach discipline to the child. The old Japanese model went many steps further where the absolute subjugation of the child was thought essential to teaching and discipline. These models have been variously rubbished by many studies.

 

What message is the court sending unscrupulous teacher in Government and private missionary schools where teachers beat students literally to their death or maim them for life? Is it all right for a teacher to make a 6 year old stand in the hot sun till it faints and dies of heart stroke? Is it all right for teachers to hit 10 year olds leaving permanent marks on their tender skin? Is it all right for teachers to pull the ears of 8 year olds deafening them?

It is one thing to say that parents cannot hold teachers responsible for non-violent methods of disciplining such as detention, extra work, retention, expelling, etc. And, it is entirely another and a very irresponsible one at that, to say that teachers can beat children without recourse to law. 

What sense does it make to have corporal violence in this day and age in the land of Mahatma Gandhi? The Human Resources Ministry should frame laws that would permanently efface these offensive and archaic laws from our legal system.

 


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