Corporal Punishment Is Not A Solution To Guide Children, They Should Be Better Heard And Treated With Respect: Madras High Court

Justice SM Subramaniam observed that corporal punishment was completely unacceptable and prohibited under Section 17(1) of the Rights of Children to Free and Compulsory Education Act 2009. The court also said that corporal punishment was not a solution to guide children and instead efforts must be taken to treat children with respect.

“A child in his / her growing years require a safe and caring environment. Any untoward experiences for the child may have a long lasting unpleasant impression, capable of shaping the characteristic of the child in unpalatable ways. Corporal punishment is never the solution to guide the child. The children have to be inspired by the respectful and dignified conduct of the adults,” the court said.

The court was hearing a plea to implement the “Guidelines for Elimination of Corporal Punishment in Schools (GECP)” provided by the National Commission for Protection of Child Rights (NCPCR).

The court observed that children should be allowed to grow in a safe and secure environment and to express themselves in their own voices. The court stressed that each child was different and unique and a common method of upbringing could not be adopted for all children. The court further remarked that one should start being more receptive to the needs of children and have an equipped and pragmatic approach where children are better heard and treated with respect.

Noting that a prima facie case had been made out, the court directed the Principal Secretary to Government, School Education Department to implement the Guidelines for Elimination of Corporal Punishment in Schools.

The court added that these guidelines were to be communicated to all educational institutions across the state and all District Educational Authorities who in turn would sensitize the authorities to follow the guidelines scrupulously to protect the mental health of children in schools.

The court also directed the District Educational Authorities to conduct seminars and awareness camps to create awareness regarding the guidelines. The competent authorities were to initiate actions in case of complaints and if there was any dereliction or negligence, the authorities were to be subjected to departmental disciplinary proceedings as per the service rules.

The court underlined that the aim was not just to prevent corporal punishment, but to eliminate any form of harassment towards children or circumstances affecting their mental health. For this, the court suggested constituting Monitoring Committees in each school headed by the Head of the Institution, parents, teachers, senior students, etc as decided by the Government

Counsel for the Petitioner: Mr.Kamatchi Shanker Arumugam (party in person)

Counsel for the Respondents: Mrs.P.Raja Rajeswari, Government Advocate

Citation: 2024 LiveLaw (Mad) 172

Case Title: Kamatchi Shanker Arumugam v Tamil Nadu School Education Department and Others

Case No: W.P.No.4507 of 2024