MADRAS HC - NO PROPER LEGISLATION IS SET IN ORDER TO ERADICATE CORPORAL PUNISHMENT

6th March

Madras High Court, while dealing with a case involving the death of a minor, a primary school student, after he was made to “duck waddle” as punishment for reporting late to school, made observations on Corporal Punishments.

Justice N Anand Venkatesh said, “This Court does not wish to turn Nelson’s eye to the issue in hand. The fact that children in this Country are till date being subjected to the sadistic and inhumane “culture” of corporal punishment. Outcomes of corporal punishment can be severely negative since it causes immense psychological damage. The Constitution of India, 1950 Article 21A includes the right to education for children under 14 years of age and the right to life with dignity. It follows, therefore, that corporal punishment amounts to abuse and militates against the freedom and dignity of a child. The present case is a classic example and a reminder that physical trainers and teachers are duty-bound to keep themselves updated and informed about scientific developments”.

Various Bills and Policies were introduced; still, no proper legislation is set to eradicate Corporal punishment. The Hon’ble court held, as per reports, death was caused due to natural causes. As such, the case against the three accused was quashed. The Court further ordered the grant of Rs 10 Lakh as compensation.

Author: Papiha Ghoshal