INDIA: Corporal School punishment took the life of eight year old small boy.
Issue: impunity, right to live, right to children, corporal punishment
Dear Friends,
Peoples' Vigilance Committee on Human Rights (PVCHR), a human rights organization has immediately intervened in the corporal punishment case of three school children and pleads to National Commission for Protection of Child Right, New Delhi to direct Uttar Pradesh Government to order to all school (Government and Private) beating, all forms of physical or mental violence, injury, neglect, exploitation, abuse, torture is illegal and unconstitutional. However with the apathy of the commission children are still facing the corporal punishment.
Case detail
Ajay eight year old son of Sankar Mallah in Kantit locality of Mirzapur district was student of Class II at Pandit Ram Chandra Mishra Inter College in Vidhyachal. On 5th November, 09 during lunch break when Ajay tried to play hockey in school. He was nabbed by Principal Mr. S.K Dubey and brutally beaten up by him, causing fracture in his shoulder and ribs.
When next day Ajay's father Shanker went to the college, where the principal regretted the incidence and gave him 100 Rupees for Ajay's treatment. After initial treatment at a community health centre, on 11th November, 09 Ajay was taken to Mirzapur District hospital, where bone specialist Dr. Sanjay Kaunaujia put plaster. However Ajay died on same day night at his native home.
Cops Vindhyachal police station reached and at the spot and take the possession of body for the autopsy. After which FIR against the principal was lodged.
Please see the given below URL http://www.scribd.com/doc/22598124/Ajay?from_email_04_friend_send=1&emid=2943096
Other relevant Information:
Ajay not only faced school corporal punishment, but other children faced the brutal behaviour of the teacher.
Ashiya student of class IV at Secret Heart Christian School, Urai on 30th October, 09 was unable to complete her homework as she was not feeling ill. On next day i.e. 31st, October, 09 when Ashiya went to school her teacher found uncompleted homework, she beaten her and plucked out hair. Even Ashiyas' mother wrote about her sickness in her school diary.
Please see the given below URL
http://www.scribd.com/doc/22598170/Ashiya?from_email_04_friend_send=1&emid=2943080
On 11th September, 09 Abhishek, Mohit and Rishabh student of class II & III of Marwadi Seva Sangh Siksha Niketan, Varanasi were naked stand in the sun for around 3 ½ hours. On 17th September, 09 Ms. Shruti, Core Group of PVCHR plea to the Chairperson, National Commission for Protection of Child Protection to Uttar Pradesh Government should release order beating, all forms of physical or mental violence, injury, neglect, exploitation, abuse, torture is illegal and unconstitutional and immediate action should be taken against school. But the commission instead of sending recommendation to the state Government in letter no. UP-18013/1103/08 – grievance/552 inform us about suspension of teacher, which was already mention in the petition.
Please see the given below URL
http://www.scribd.com/doc/22598229/Three-Children-of-Varanasi?from_email_04_friend_send=1&emid=2942917
Background information:
Parents' Forum for Meaningful Education challenged the legality of corporal punishment in schools. The Petition succeeded and the Court, in a judgment delivered on December 1 2000 directed the State to ensure "that children are not subjected to corporal punishment in schools and they receive education in an environment of freedom and dignity, free from fear".
The historic judgement delivered on Dec., 1st 2000, almost 3 years later held rule 37 (1) (a) (ii) and (4) of the Delhi Education Act & Rule 1973 as violative of Article 14, 21 of the Constitution and accordingly struck down. It once again draws our nation's attention to the importance a child deserves:
"Child being a precious national resource is to be nurtured and attended with tenderness and care and without cruelty. Subjecting the child to corporal punishment for reforming him cannot be part of education."
The Honb'le judges have categorically emphasized the constitutional rights of a child as guaranteed in Article 21 which runs counter to the practice of CP.
"Freedom of life and liberty guaranteed by Article 21 is not only violated when physical punishment scars the mind of the child and robs him of his dignity. Any act of violence which traumatizes, terrorizes a child, or adversely affects his faculties falls foul of Article 21 of the Constitution.
The honourable judges view the provisions of the Delhi Education Act in the light of the Indian Constitution, National Policy of Education (NPE) and Convention on the Rights of the Child (CRC), adopted by the UN and signed by India in 1992. They find that Article 14, 21, 39 of our Constitution are in consonance with NPE and the provision of CRC which set out at great length the rights of children. The judges, after citing these provisions at considerable length sum up as under:
… in a nutshell the thoughts which pervade the various Articles of the Convention are basically protection of the child from all forms of physical or mental violence, injury, neglect, exploitation, abuse, torture or any other form of cruel, inhuman or degrading treatment or punishment and adoption of means for the welfare of the child in every conceivable way and preservation of dignity of the child. (p.11)
The judgement focuses on the long term consequences of corporal punishment.
"The fallout of physical force on the children in schools by teachers defeats the very purpose for which it is applied. Infliction of bodily pain as penalty for indiscipline by the children. Some children may become submissive while others may learn that punishment is an accepted mode of ensuring compliance of one's wishes by others and that physical violence is an accepted means of exercising control over them. With the latter class of subjects, violence becomes means to acquire what they wish."
It not only perpetuates but inculcates violence in children as the judgement observes.
Thus violence becomes an integral part of their lives. It is difficult to imagine the future of a nation whose children believe in violence for subjugating others or being submissive to force. Brutal treatment of children can never inculcate discipline in them. Obedience exacted by striking fear of punishment can make the child adopt the same tactics when he grows up for getting what he wants. (p,16)
The judgement noted the anti-educational effects of CP denying right to education.
"Children who are ruled by the rod in school may acquire disdain and hatred for their teachers. Beating affects their concentration in studies and leads to development of fear psychosis towards learning. Fear of corporal punishment discourages regular attendance at schools and increases dropout rate. This obviously hampers and obstructs education and affects their right to education, which is a fundamental right flowing from Article 21."
CP is not in keeping with child's dignity, observed the judgement.
"It also appears to us that corporal punishment is not keeping with child's dignity. Besides, it is cruel to subject the child to physical violence in school in the name of discipline or education.
The judgement refocuses the objective of the nation,
"The child has to be prepared for responsible life in a free society in the spirit of understanding, peace and tolerance. Use of corporal punishment is antithetic to these values."
If we want our country to move in the direction of a peaceful and well ordered society, we have to begin by building on such values from early childhood. The judgement cites Gandhiji's insight in this regard:
"If we are to reach real peace in this world, and if we are to carry on a real war against war, we shall have to begin with children, and if they will grow up in their natural innocence, we won't have to struggle, we won't have to pass fruitless idle resolutions, but we shall go from love to love and peace to peace, until at last all the corners of the world are covered with that peace and love for which, consciously or unconsciously, the whole world is hungering. (quoted, p. 17)."
Dismissing the concept of a school discipline based on physical punishment as untenable and outdated, the judgement concludes as follows:
"In view of the forgoing, the writ petition succeeds. The rule is made absolute. Rule 37(1)(a)(ii) and (4) of the Delhi School Education Rules, 1973, is held to be violative of Article 14 and 21 of the Constitution and is accordingly, struck down.''
It also directs the state to ensure that "children are not subjected to corporal punishment in schools and they receive education in an environment of freedom and dignity, free from fear. (p.22)"
http://www.endcorporalpunishment.org/pages/hrlaw/judgments.html#india
Sample letter,
To, -------------------------
Dear Sir/Madam
I want to draw your attention toward the death of eight year old boy due to corporal punishment in school. Ajay eight year old son of Sankar Mallah in Kantit locality of Mirzapur district was student of Class II at Pandit Ram Chandra Mishra Inter College in Vidhyachal. On 5th November, 09 during lunch break when Ajay tried to play hockey in school. He was nabbed by Principal Mr. S.K Dubey and brutally beaten up by him, causing fracture in his shoulder and ribs.
I am informed that when next day Ajay's father Shanker went to the college, where the principal regretted the incidence and gave him 100 Rupees for Ajay's treatment. After initial treatment at a community health centre, on 11th November, 09 Ajay was taken to Mirzapur District hospital, where bone specialist Dr. Sanjay Kaunaujia put plaster. However Ajay died on same day night at his native home.
I am also informed that cops Vindhyachal police station reached and at the spot and take the possession of body for the autopsy. After which FIR against the principal was lodged.
Ajay not only faced school corporal punishment, but other children faced the brutal behaviour of the teacher.
I am informed that Ashiya student of class IV at Secret Heart Christian School, Urai on 30th October, 09 was unable to complete her homework as she was not feeling ill. On next day i.e. 31st, October, 09 when Ashiya went to school her teacher found uncompleted homework, she beaten her and plucked out hair. Even Ashiyas' mother wrote about her sickness in her school diary.
On 11th September, 09 Abhishek, Mohit and Rishabh student of class II & III of Marwadi Seva Sangh Siksha Niketan, Varanasi were naked stand in the sun for around 3 ½ hours. On 17th September, 09 Ms. Shruti, Core Group of PVCHR plea to the Chairperson, National Commission for Protection of Child Protection to Uttar Pradesh Government should release order beating, all forms of physical or mental violence, injury, neglect, exploitation, abuse, torture is illegal and unconstitutional and immediate action should be taken against school. But the commission instead of sending recommendation to the state Government in letter no. UP-18013/1103/08 – grievance/552 inform us about suspension of teacher, which was already mention in our petition.
Therefore it is kind request please send your recommendation to Uttar Pradesh Government to direct all school (Government and private) to stop corporal punishment in the school which is illegal and unconstitutional.
Please send your letter to
1. Ms. Shanta Sinha
Chairperson
National Commission for Protection of Child Rights
5th Floor, Chanderlok Building,
36, Janpath
New Delhi – 110001
Email: shantha.sinha@nic.in
2. Prime Minister
Government of India
New Delhi
Email: pmosb@pmo.nic.in
3. Chief Minister
Government of Uttar Pradesh
Chief Minister's Secretariat
Lucknow, Uttar Pradesh
INDIA
Fax: + 91 52 2223 0002 / 2223 9234
E-mail: csup@up.nic.in
4. Muñoz
Special Rapporteur on the Right to Education
Human Rights Council
United Nations
Phone: (506) 2248-2508, (506) 2258-8585, ext. 1161.
Fax: (506) 2248-0991, (506) 2248-2533
PO BOX: 1245-1007 San Jose, Costa Rica
Email: vernormu@yahoo.es
Urgent appeal desk
Peoples' Vigilance Committee on Human Rights (PVCHR)
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