June 28, 2024

The deliberate utilization of physical pain in response to alleged misconduct is commonly referred to as corporal punishment, and it has been an issue of contention for generations to come. Its use can vary from more gentle forms like caning or flogging in legal systems to more severe ones like slapping children at home and hitting students in class. Although it can frequently be justified on the basis of tradition and discipline, corporal punishment has severe repercussions that negatively impact both individuals and societies.

corporal punishment meaning

  • Since there is no official meaning for “Corporal Punishment,” the term has changed significantly. Instead, then only being considered from a physical perspective, the definition of “Corporal Punishment” now includes mental punishment.
  • While boys are mostly subjected to physical forms of corporal punishment, other forms also have an impact on other genders.
  • Three major categories can be used to group corporal punishment: physical, mental, and discriminatory.

corporal punishment: Types

  • Physical Corporal Punishment: Physical corporal punishment is any form of punishment, no matter how minor, that results in pain and suffering for a child.
  • Mental Corporal Punishment: Mental corporal punishment is any sort of non-physical punishment that negatively impacts a child’s cognitive development and performance in school.
  • Discriminatory Corporal Punishment: When a child receives discriminatory corporal punishment, it is because of their gender, caste, parent’s occupation, failure to pay fees, or admission under the quota for underprivileged children under the Right of Children to Free and Compulsory Education Act 2009.

corporal punishment examples

  • The most common types of corporal punishment for children are slapping, spanking, and using any object as a weapon.
  • Other forms of discipline include verbally abusing, threatening, or shaming the children in order to torture their mind. In India, schools frequently use corporal punishment.

corporal punishment in india: Laws Violating It

Constitution of India:

  • No one should be deprived of his life or personal liberty unless in accordance with a process established by law, according to Article 21 of the Indian Constitution. Article 21 was broken by corporal punishment because it deprives a child of his dignity when a teacher hits or makes fun of him in front of his friends.
  • Additionally, it disobeys Article 21A of the Constitution, which mandates free and compulsory education for all children between the ages of six and fourteen. Any child who experiences abuse or humiliation at school may be encouraged to skip classes on a frequent basis. Children may even quit school altogether due to a fear of consequences.

Indian Penal Code:

Depending on how much harm is done to the child, multiple IPC sections may be broken. The following are a few portions that are violated:

  • Section 305 of IPC: Indirectly encouraging a child to commit suicide
  • Section 325 of IPC: Causing severe harm to a person voluntarily
  • Section 352 of IPC:  A grave provocation, assault, or using criminal force
  • Section 506 of IPC: Criminal intimidation of a person
  • Section 354 of IPC: Assault or criminal intimidation on a woman which can outrage her modesty

right to education act 2009:

  • This Act covers a wide range of topics, including corporal punishment, the number of teachers to students, the quality of education, and both free and required education.
  • All forms of physical and mental abuse of children are prohibited by the Act.
  • Additionally, it forbids treating children differently based on their socioeconomic situation, gender, religion, caste, or creed.

juvenile justice act 2000:

  • It establishes standards for handling or advising a young individual in legal trouble.
  • The punishment for treating a child cruelly by their caregiver is mentioned in Section 23 of the Act. The employment of a minor in a setting that poses a risk to them is punishable under Section 26.
  • According to the Act, each police station must have a minimum of one child welfare officer who possesses the necessary skills and training for the position. For the same reason, Special Juvenile Police Units were established.

It has come to light that the most popular tactic for physical abuse, dominance, and bullying is corporal punishment. One of the most contentious practices in modern times is the use of corporal punishment. While many nations have outlawed corporal punishment, there are still few where it is still commonly used. It is still employed as a form of discipline and punishment for kids in many nations. Regional attitudes toward physical punishment differ based on cultural standards.

Corporal Punishment FAQs

  1. What are the rules against corporal punishment?

The Right of Children to Free and Compulsory Education Act, 2009, specifically prohibits subjecting a child to physical punishment or mental harassment under Section 17 (1). Section 23 of the Juvenile Justice (Care and Protection of minors) Act, 2000 forbids cruelty to minors as well.

  • Why corporal punishment should not be allowed?

It is ineffectual as a form of discipline and can cause children great bodily and psychological harm. It also teaches them that using violence to resolve conflicts or persuade people to do what they want is acceptable and proper.

  • How effective is corporal punishment?

Corporal Punishment has not been found to have a long-term good effect, and the majority of research has found negative consequences, despite the fact that some have found no correlation between the practice and unfavourable outcomes while others have found the correlation to be reduced by other factors.

  • What are the long term effects of corporal punishment?

Physical punishment administered by parents also has a negative impact on the cognitive and intellectual development of their children. Physical punishment has been connected to a number of mental health issues, including anxiety, sadness, and suicidal thoughts, as well as to insecure attachment and worse parent-child interactions.

  • What are the disadvantages of corporal punishment?

Harmful physiological and psychological reactions are elicited by corporal punishment. In addition to feeling pain, despair, dread, rage, shame, and guilt, children who perceive threats also undergo physiological stress and the activation of neurological pathways that facilitate coping with danger.

  • Does corporal punishment help students?

They don’t know that corporal punishment is against the law and has no beneficial purpose. A child’s self-esteem and perception of learning in a setting that acknowledges and celebrates academic achievement through grades can only be harmed by corporal punishment.

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