A private tutor in Vadodara, Gujarat, has been sentenced to six months in jail and fined ₹1 lakh for inflicting severe injuries on a 15-year-old student. Jasbirsinh Chauhan was found guilty of corporal punishment, a practice that, while outlawed in schools, continues to surface in various forms across the country.
Corporal punishment is defined as any action that causes pain, injury, or discomfort to a child. This can include physical acts like hitting, slapping, and coercing children into uncomfortable positions, as well as mental harassment that affects a child's psychological well-being. While India has made strides in prohibiting corporal punishment in schools, challenges remain in enforcing these laws and changing societal attitudes.
Section 17 of the Right to Education (RTE) Act, 2009, explicitly bans physical and mental harassment of children, making it a punishable offense. The Juvenile Justice (Care and Protection of Children) Act, 2015, also addresses the issue, stating that anyone in charge of a juvenile who inflicts physical or mental pain can be imprisoned for up to six months, fined, or both. Despite these legal safeguards, corporal punishment persists in homes, alternative care settings, and some schools.
Several factors contribute to the continued prevalence of corporal punishment. One is the lack of a clear, statutory definition targeting children, which creates ambiguity in its interpretation and application. Another is the entrenched cultural belief that physical discipline is a necessary or effective means of correcting children's behavior. A 2018 survey revealed that a majority of parents supported physical punishment.
Recently, Madhya Pradesh took a significant step by banning corporal punishment in all schools, both government and private. This directive reinforces the legal repercussions of such acts and aligns with the RTE Act and the Indian Penal Code (IPC). The move came after the Madhya Pradesh Child Rights Protection Commission requested stern action against corporal punishment, highlighting the government's commitment to creating a safe learning environment.
Efforts to eliminate corporal punishment require a multi-pronged approach. This includes stricter enforcement of existing laws, raising awareness about the harmful effects of physical discipline, and promoting positive, non-violent disciplinary methods. Teacher training programs should emphasize alternative strategies for managing classroom behavior and fostering a positive learning environment. Parents also need to be educated on the long-term negative consequences of corporal punishment and encouraged to adopt more constructive parenting techniques.
The Gujarat tutor's case serves as a reminder that corporal punishment is a crime with serious consequences. It also underscores the urgent need for a comprehensive and sustained effort to protect children from all forms of violence and ensure their right to a safe and nurturing environment.