Open Access Research Article
An Analysis of the Legal Framework Related to Corporal Punishment against (By Dr. Ritu Raghuvanshi)
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In a civilized society, the importance of child welfare cannot be underestimated because the welfare of the entire community, its growth and development depends on the health and well being of the children. Thus, in light of the above study we can conclude that it is necessary for the all round development of the child that he is allowed to express himself freely. And this expression needs to be given a wide interpretation. Especially in schools, the children should be provided with an amicable and a hospitable environment which would enhance their growth and development. The stricter approach of punishing them physically on the slightest of the faults needs to go in the interest of children.
Everyone needs discipline, particularly self-discipline. But corporal punishment is not a form of inculcating discipline. Research has consistently shown that it impedes the attainment of respect for discipline. It rarely motivates children to act differently, because it does not bring an understanding of what they ought to be doing nor does it offer any kind of reward for being good. The fact that those parents, teachers and others have to repeat corporal punishment for the same misbehaviour by the same child testifies to its ineffectiveness. We have seen in this project that in the countries where corporal punishment is banned there is no evidence to show that disruption of schools or homes due to children has increased. This indicates that disruptions everywhere are conveniently blamed on children as they are the most vulnerable.
There are exceptional circumstances in which teachers and others like those working with children in institutions and with children in conflict with the law, may be confronted by dangerous behaviour which justifies the use of reasonable restraint to control it. Here too there is a clear distinction between the use of force motivated by the need to protect a child or others and the use of force to punish. The principle of the minimum necessary use of force for the shortest necessary period of time must always apply. Detailed guidance and training is also required, both to minimize the necessity to use restraint and to ensure that any methods used are safe and proportionate to the situation and do not involve the deliberate infliction of pain as a form of control. The healthy development of children depends on parents and other adults for necessary guidance and direction, in line with children’s evolving capacities, to assist their growth towards responsible life in society.
In this context, it would be apt to quote Kofi Annan, ex Secretary – General of the UN:
“ There is no trust more sacred than the one the world holds with children. There is no duty more important than ensuring that their rights are respected, that their welfare is protected, that their lives are free from fear and want and that they grow up in peace.”
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An Analysis of the Legal Framework Related to Corporal Punishment against (By Dr. Ritu Raghuvanshi)
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- Journal IJLRA
- ISSN 2582-6433
- Published 2022/04/21
About Journal
International Journal for Legal Research and Analysis
- Abbreviation IJLRA
- ISSN 2582-6433
- Access Open Access
- License CC 4.0
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