Indian law regarding the assault on children in school

Indian law regarding the assault on children in school

One hundred seventeen countries around the world have banned corporal punishment in schools. However, there are many countries where parents can give corporal punishment to their children. This includes all the states of the United States of America and all African and Asian countries.

The Ministry of Women and Child Development in India has said many times to deal with corporal punishment or torture of children at the earliest. It has also suggested setting up a Corporal Punishment Monitoring Cell (CPMC), which will hear the incident of corporal punishment within 48 hours. According to the Ministry of Women and Child Development guidelines, teachers in the school will have to give an undertaking that they will not engage in any activity in the school related to physical and mental harassment or discrimination.

We read such news in the newspapers in which the teacher beat up the child for not completing the homework, or the teacher slapped 168 to 12-year-old girls, and many more. You must have also read this news in newspapers; you must have seen it on TV. Once in Madhya Pradesh, a case of assault with a girl came to the fore. The boarding school teacher asked the other girl students in the class to slap the girl. Not for one such day, but for six days, the girl child was beaten daily and humiliated in front of the whole class. This was done only because the girl could not do her homework. However, this is not the first time children have been beaten up in school. In the Churu district of Rajasthan, a teacher beat up a child so brutally that he died for not doing homework. Some cases come in the media, so there is some discussion, but in our country, raising hands-on children in this way is not such a big issue that it should be debated.

To what extent is it right to beat or punish children for teaching a lesson in discipline? Most children are hit by small mistakes no matter how many times at home or school. So when we hear such news, we probably don't care much. Because we feel that only one slap has been slapped, what will be wrong with it? It is okay that a slap, or a scale, may not hurt the child's body much, but these slaps give them a deep mental shock. Some people of India believe that if they beat the child, the child will be afraid of them, concentrate on their work, and continue on the right path. But on the contrary, the victims of a beating do whatever comes to their minds and try to hide things from their parents and teachers.

Psychologists also say that children who are beaten up in school or at home are at their fault instead of explaining them with love. So those children start getting mentally disturbed. Such children either remain wholly silent or go into depression or become violent.

Right to Education Act:

  • Corporal punishment is also mentioned in the Right to Education Act. Section 17 of this Act provides that disciplinary action should be taken against any teacher who physically or mentally tortures a student. Corporal Punishment is strictly prohibited in this Act.
  • In the school, if the teacher has been declared illegal and unconstitutional, corporal punishment (corporal punishment) to a child. The National Commission for the Protection of Child Rights has also issued guidelines to prevent corporal punishment.

What is Corporal Punishment?

  • Corporal punishment is called corporal punishment when a parent or school teacher harasses a student physically or mentally. Keeping the child standing in a particular position, standing on the bench, making a cock, maintaining the ear standing, and calling it wrong also comes under this purview.
  • If the child is harmed in any way, physically or mentally, it will be treated as corporal punishment. Under this, any harassment of children is considered corporal punishment. Against this, NCPCR had made guidelines to stop it. The central government has issued a circular to all the schools to implement it.

To bring down the cases of the beating of children, the Central Government has enacted the Juvenile Justice Act 2015. But apart from this, many laws and guidelines in the country ensure children's safety. Tired of harassment in school, the cases of suicide among children have increased. After that, the Central Government implemented the Juvenile Justice Act 2015.

Sections and punishment related to the assault on children in the Juvenile Justice Act:

According to Section 17 of the Right to Education Act 2009, corporal punishment, mental harassment, and discrimination are strictly prohibited.

  • If there is physical punishment or mental torture, there is a jail provision and a fine under section 82 of the JJ Act. Section 75 of this Act states that the school shall be responsible for the care and safety of the child.
  • We have seen many such videos where a stepfather hangs his 3-year-old innocent son upside down and beats him with a belt and slippers for one and a half hours, or the teacher physically punishes him for not completing homework in school. If a parent or teacher beats up a child, a complaint can be filed against them with the police under the Juvenile Justice Act.
  • Section 2 of the Juvenile Justice Act defines the child's guardian. Under this, it has been told that the one who is the natural guardian is the guardian or the one who has custody of the child is in the role of the guardian at that time. He must protect the child and not harm him. A minor child (boy and girl) under the age of 18 years will be called only.
  • Section 23 of the Juvenile Justice Act says that whoever has charge of the child will have control over him. During this period, if anyone beats or causes harm to the child, or his negligence causes torturing of the child, or if any failure causes mental or physical damage to the child, then the person with whom the child is found to be guilty. But there is punishment. In this case, the maximum sentence is six months imprisonment.
  • The care of someone who is subjected to mental or physical torture, then the guilty can be fined and jailed for up to 6 months. If a child is harassed in school, parents can complain to the National Commission for Protection of Child Rights and the state government's education department, apart from the school administration. A police report can also be lodged.
  • Under section 82(1), if a parent or teacher gives physical punishment to a student, he can be fined 10 thousand rupees. And if caught again doing such a crime, there can be a jail term of three months. If the teacher gives corporal punishment under section 82(2), such a teacher can be suspended. On the other hand, under section 82(3), three months can be jailed if the teacher or parents do not cooperate in the investigation. A fine of up to one lakh rupees will also be imposed on the school.

Section of IPC:

  • Parents can also complain to the police in case of beating children in school. A case can also be registered under IPC sections 323 (murder), 324 (causing hurt), and 325 (causing grievous hurt).
  • Under Section 325 of the IPC, if the charge is proved, the punishment can be up to 7 years in jail. If the child is assaulted in such a way as to endanger the child's life, then Section 307 has been imposed, under which the punishment may be a maximum of 10 years or life imprisonment.

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