Prohibit corporal punishment

Chief justice of the Islamabad High Court Athar Minallah has taken a serious notice of the pervasive use of violence as a way of disciplining children in schools. Hearing a petition on Thursday filed by famous singer and rights activist, Shahzad Roy, the court suspended till further notice section 89 of the Pakistan Penal Code (PPC) in the Islamabad capital territory that allows for the use of corporal punishments by parents, guardians and teachers "in good faith for the benefit" of children. The court also issued notices to the secretaries of interior, law and justice, federal education and professional training, human rights, as well as director-general education, and the IG Police, Islamabad, and sought their replies by March 5 reminding them that "corporal punishments are not in consonance with the constitutionally guaranteed right of inviolability of dignity notwithstanding Section 89 of the Pakistan Penal Code, 1860". Furthermore, the federal government has been directed to advise Private Education Institutions Regulatory Authority to issue guidelines to private schools, and the Ministry of Human Rights to submit a report regarding the status of compliance with the obligations of the State of Pakistan under the UN Convention on the Right of the Child in relation to the prohibition of corporal punishment.

There obviously is little awareness about the harmful effects 'good faith' punishments can have on children. Common forms of violence such as twisting of an ear, slap across the face or striking with a cane on the buttocks and hands before their peers cause not only physical pain to children but also emotion distress. The reason could be unruly behaviour or slow learning due to a genuine incapability but humiliating punishments do not 'benefit' students. Some become more rebellious and others lose self-confidence. As a result, many refuse to attend school. In fact as per the findings of an NGO, Society for the Protection of the Rights of the Child, corporal punishments account for as many as 35,000 children dropping out of schools. That is bad enough, but acceptance of corporal punishments in this country has led, during the recent years, to some shocking instances of extreme violence. A 13-year-old girl died from violence inflicted on her by a teacher and in another case a 17-year-old boy lost his life, while in the third case an 8th grader was paralyzed due to a head injury, and had to be flown to the US for treatment on government expense.

This must come to a stop. No civilized society accepts corporal punishments whether by teachers or by parents. All schools need to recognise that dignity of children is not to be violated. The intervention by the IHC is expected to work where public outcry in the wake of extreme case of teacher violence failed to bring about a change in the prevailing culture. It is hoped the Ministry of Human Rights will soon initiate a move to make necessary changes in the relevant clause of the PPC, and also put in place an effective monitory system.