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March 22, 2009

Legalising ban on corporal punishment

REPORTS SUGGEST that the National Commission for Protection of Child Rights is looking forward to some changes in the law regarding children that would make it an offence for teachers to hit a child.


The commission recommends a suitable need to amend Section 89 of Indian Penal Code in order to legalise the ban on corporal punishment.


Section 89 of the IPC says, “Nothing which is done in good faith for the benefit of a person below 12 years of age or of unsound mind, by or by consent, either expressed or implied, of the guardian or the other person having lawful charge of that person, is not an offence....


As per the guidelines laid down by the commission any kind of slapping, pinching, hitting with a scale, rapping on the knuckles, making a student kneel down for hours, or making him run in the school grounds or locking the student in a room should be liable to legal action.


Till date these guidelines are being circulated in schools but only an amendment in the IPC will give them legal sanction.


While on one hand, these amendments aim at straightening the rights of the children but on the other hand the teachers are made completely helpless because we can’t deny the fact that this amendment is going to provide immense power to the children.


Therefore it is important for the panel which is going to finalize the decision, to rethink and make necessary provisions so the law is not misused by anyone.

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