By Reakor Shisha Kharkrang
A few weeks ago, a video clip circulated across different pages of Instagram where a teacher was seen hitting and slapping a young student. He was seen pulling the student by his hair and slapping him numerous times while the other students watched. In the latest available news, the principal of the school allegedly tried covering up the incident by making the teacher write an apology letter to the parents of the child. However the Principal and the teacher have since been suspended by the School Trustees.
In normal circumstances, the act of the teacher is punishable and an offence under the many laws currently legalized in the country. However, many a times such acts by teachers often go unreported as corporal punishments is considered “part of disciplining” and not “abuse.” The act of the teacher has created division among netizens with some considering the punishment by the teacher as unjustified and an abuse, while the other section has said that such punishment is nothing compared to the punishment they used to get when they were kids and that the current generation needs to be beaten to be disciplined.
Honestly it is sad to see that people treat this act of the teacher as “normal” when it’s a clear case of physical abuse. If an adult hits another person, he can be legally charged under the Juvenile Justice Act, however despite the law being available, the same is often ignored when it involves an adult who is in charge of caring for the child. Therefore, whenever a child is hit by parents, teachers or some other elders of the family, it is often termed as “discipline” rather than what it actually is. In a survey by the Government of India, it was found that 66% of children have experienced some sort of physical abuse. Despite the numbers being so high, why do many people consider such acts as a form of discipline and therefore normal?
The reason people give to justify such an act is that, “they also faced the same situation and they turned out fine,” however one must understand that just because it was practiced in the past and and was part of tradition it doesn’t mean it’ll always be right. Incest was practiced at one point, Sati was openly encouraged and practiced at one point, however they were stopped once people realised their harmful effects on the society. Similarly corporate punishments in schools and disciplining children by hitting and slapping them is also harmful for the society. The long term effects of physical abuse during childhood often leads to mental and physical problems like depression, anxiety, obesity etc, It also leads children to often becoming neglectful, rebellious and fearful of their elders. The justification by the people itself shows that they themselves have been affected by the physical abuse they faced as children.
Further, physically abusing children will make them fear their elders. Society often creates a confusion between “Respect” and “Fear.” Parents, teachers and elders beat their kids in order for the kids to grow up disciplined and to respect the elders. However a child in such situations doesn’t have respect for the elders but nurses only fear and anger. A society that is built on fear always crumbles. A society needs to be built on trust, respect and love.
If society and law protects adults from abuse, then why is it hard to show the same gesture towards children who are the most vulnerable members of our society? There actually are laws to protect children against physical abuse, specifically abuse in the name of “Corporal Punishment.” Sections 23, 75 and 82 of the Juvenile Justice Act, Section 17(1) of the RTE Act, 2009 (Right to Education Act), have all laid down provisions regarding corporal punishments. Further, the Protection of Corporal Punishment Act, 2013 in India aims to ensure that children are not subjected to physical punishment or mental harassment. In 2000, the Supreme Court ruled in a case titled, “Parents Forum For Meaningful Education vs Union of India,” that corporal punishment in schools is unconstitutional, banning it across the country; citing the violation of children’s rights and the cruel nature of such punishment.
When even the courts have banned corporal punishments, why is its practice still rampant? The main reason here in lack of awareness. This is not an isolated case of corporal punishments gone too far. Teachers and schools are not aware of the ban and neither are the students and parents. Therefore, there is a need for people to be made aware that corporal punishment has been deemed unconstitutional by the Supreme Court. The Government ought to conduct awareness programs regarding such topics. They should take corporal punishments seriously and take strict action against perpetrators. It breaks my heart to see that many children are still suffering from physical abuse in the name of corporal punishment and that the society is openly justifying such a heinous act. Corporal punishments are nothing but physical abuse.
There is no doubt that a child must be disciplined and there are several ways to do that but corporal punishments and physical abuse can never be forms of discipline, as they carry scars that may last for a lifetime. Children must be protected, nurtured, raised with care, love and respect; it is only then that they grow up to become better members of society. They must be protected from all sorts of abuse, be it physical, sexual, emotional abuse and even neglect. A country grows only when the upcoming generation is strong, therefore we must make our younger generation strong and not fearful.
(The writer is practising advocate, Meghalaya High Court)