Dangling Between Discipline And Crime : The Corporal Punishment And Consequences For The Teachers Or Parents Who Inflict

Corporal punishments have been a contagious issue in India for a long time, while some people still have a traditional view to it in seeing that physical disciplining is an acceptable form of teaching, there has been a drastic shift towards the recognition of the detrime aftermath of such practises.

The coming change is marked  by a numerous series of landmark judgements that ruled emphasising upon the moral and legal take to protect and safeguard the students from physical harm in any educational setting. The Constitution of India guarantees the right to life and dignity, commanding educational institutes to generate such an ambience where students can learn without the fear of violence.

As courts throughout the country are increasingly intervening to uphold these rights and safeguard the protection of students. There is a fast growing recognition that a compassionate way and a constructive method of discipline is far more essential in fostering positive educational experiences than painful ones.
Corporal punishment remains a highly arguable issue. With the existence of all the legal prohibitions in this regard, the cases against teachers who take up physically disciplining students in their own hands still persists in a lot of countries. This discussion seeks to decrypt the consequences that befall for engaging in such acts.

What is corporal punishment?

To define a corporal punishment , it is a form of physical punishment that comes with the intention of causing discomfort or inflicting pain upon students as a means to discipline them.This punishment comes with an inclusion of slapping , hitting or inflicting various different form of physical force.
It stands illegal in the educational institutions around many countries , although the legal aftermath ranges differently based on different jurisdictions and also varying on different severity of the case.

What is the legal framework around the punishment?

In India for the protection of children going through these atrocities there are different provisions. These provisions look to safeguard the child’s well-being.

•  Right to Education Act (RTE) 2009: Section 17 of this Act talks about prohibiting corporal punishments in educational institutes and there would be a disciplinary action against the violators of the same.
• Indian Penal Code (IPC): Under section 323 which deals in voluntarily causing hurt and under section 352 which talks about the use of criminal force are both applicable and usually get implied in corporal punishment cases which result in physical harm.
• Juvenile Justice Act (2015): Under section 75 of this Act is the application available for  severe child abuse cases wherein it prescribes imprisonment upto 5-10 years for causing mental or physical distress to children.

Where are the consequences for the teachers?

Criminal Charges are the first thing to happen in this regard. The teachers may have to face legal criminal charges against them. The charges may include , assault and battery if the infliction of pain was intentional which lead to on to physical harm. This charge will lead to criminally prosecuting the felon . Apart from this the charges of child abuse may also be filed up against child protection laws.

Civil lawsuits may also follow if the victims and their family files for a lawsuit against the school or the teachers . The civil lawsuits may be filed for negligence in case of the school not being able to protect the child, also for emotional distress if the student or child is seen to be suffering from lasting psychological trauma because of the incident.

There also are professional consequences to the act, the teacher may stand to lose his license or teaching certificate revoked . If not that then the teacher may face termination  as schools usually have a no tolerance policy regarding corporal punishments. With all this there sure comes the reputation that stands to be damaged by these accusations and that can severely put a dent on future prospects of job.

Apart from these consequences there sure are other legal actions that can be taken by the court as it sees fit. These actions may include restraining orders issued from the court preventing the teacher to ever come in contact with the student. Fines and Penalties may also be imposed as a part and parcel of civil or criminal proceedings.

Cases related to corporal punishment

While being mainly concentrated on custodial violence, this landmark case Parents Forum for Meaningful Education v. Union of India (2001)  has laid down important guidelines for the protection of human rights that extend to rights of the child as well. This case contributed to strengthen the legal framework in our country for the protection of children from such corporal punishments in educational institutions. 

This case reflected on the need for accountability in various cases of physical  punishments and also pervaded the introduction of the child protection laws which included the bans on corporal punishments in the institutions of education under the Right to Education Act.

In a case of Mohini Jain v. State of Karnata(1992) which was heard in the Supreme Court, wherein the court emphasised in the fact that the corporal punishment is in violation of the rights to life which serves under Article 21 of the Indian Constitution which affirmed the value of getting education that is free from fear and pain.

In another case of Krishna Kumar Saha v. State of West Bengal (2010) which was tried under Section 323 of IPC which deals in case of voluntarily causing hurt. The facts herein were that the teacher had brutally punished a student which had caused severe injuries to him.

The judgement was given out ruling that any such act that ends up causing physical pain/harm to the students violates the Constitutional Rights of the students. The court accentuated the duty of the teachers to care for the students and sentenced the teacher to imprisonment.

The impact of this case reinforced the fact that the teachers are not above law and that any kind of physical punishment is a violation of student’s safety dignity and rights.

These cases help to derive a conclusion that the Indian courts take a strict stand in opposition of corporal punishments by setting it straight as violation of fundamental rights of the children. 

Straight from civil suits to criminal charges the legal fabric of our country India provides with a sturdy protection when it comes to safeguarding the students , reflecting on their right to get education in a safe passage while the ambience is respectful and non violent towards them.

The Indian Judiciary system has stood on an important role in curving down the corporal punishment that is evident through a series of different landmark judgments that conform to the dignified well being of the students in educational institutes. However having said that there is still a long way to go before completely diminishing this from the face of crime and slowly yet surely change is on its way.

Overall, the legal landscape around the corporal punishment in India surely signifies a hopefully bright trajectory onwards from where it started. It’s moving towards a way more compassionate approach towards education that is also rights-based.
This will enable fostering a future wherein the students can do better for themselves and collectively for the nation while thriving academically as well as emotionally which is long overdue for the children and students in the education sector.