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Essay / Ending corporal punishment in schools in India
In 2019, as we mark the 30th year of the adoption of the CRC, the guarantee and enforcement of children's rights is not have always not been possible. There is therefore an urgent need to discuss and devise ways to achieve the objectives sought by the CRC 1989. The problem is so universal that around 60% of children aged 2 to 14 are subject to sexual violence. regular corporal punishment from their caregivers. This number is so large that the children affected are distributed across different communities, regions, ethnicities, socio-economic backgrounds, etc. The impact of such violence is that the victim themselves may become the perpetrator of the violence when they become an adult. Perpetrating violence against children has the worst consequences if it occurs in schools, as it affects learning and cognitive abilities. Say no to plagiarism. Get a tailor-made essay on “Why violent video games should not be banned”?Get an original essayThe efforts of the Indian government have resulted in the schooling of a large percentage of children, however, the government and society have n has failed to make schools places conducive to learning. The main reason for this failure is the use of corporal punishment as a disciplinary measure. Corporal punishment is an act of punishment that involves the use of physical force against someone. A school is a place that is supposed to be the place where a child can acquire knowledge in a free and stress-free environment. However, the reality is that the environment in elementary schools is usually intimidating because children are often victims of corporal punishment for a variety of reasons. Article 19 of the UN CRC is the central provision which states that signatory states must ensure the protection of children against all kinds of violence through legislative, administrative, social and educational measures. Articles 28(2) and 37(a) of the CRC require that signatory states must prevent torture and corporal punishment of children in places of learning. These provisions place the dignity of the child first. Beating or punishing a child in schools in front of other students undermines the child's dignity, takes away their confidence and makes them fear school. Corporal punishment hinders the learning process by seriously affecting the child's mental health in indirect but obvious ways. The Indian Constitution also guarantees the right to protection from such corporal punishment. Article 21 of the Constitution guarantees a fundamental right to life and dignity and it is clear that subjecting children to corporal punishment constitutes a violation of dignity. It also hampers the right to education, as many children, in terror, begin to avoid school. Various directions in this regard have also been given to the State under the DPSP. Several provisions of the country's criminal law also criminalize corporal punishment. Sections 323 and 325 of the IPC, which define causing hurt, grievous hurt and crime, are clearly violated when a teacher subjects a child to corporal punishment. Lately, the judicial position has also been clarified on this issue. In the case of Hasmukhbhai Gokaldas Shah v. State of Gujarat, the Gujrat HC has clarified that corporal punishment of children is not recognized in law and is completely undesirable. Further, various provisions of the RTE Act, 2009 and the JJ Act, 2000 establish the right of children to be free from such corporal punishment. Obviously, the Indian state has passed a large number of laws to protect 1989.