Child In His/Her Growing Years Require Safe & Caring Environment: Madras HC Orders Establishment Of Monitoring Committees In Schools To Curb Corporal Punishment

The Madras High Court has directed State authorities to set up monitoring committees in each school to ensure the stringent enforcement of the Guidelines for Elimination of Corporal Punishment in Schools (GECP) issued by the National Commission for Protection of Child Rights (NCPCR).

"Corporal punishments of any form is completely unacceptable and prohibited under Section 17(1) of the Right of Children to Free and Compulsory Education Act, 2009. A child in his / her growing years require a safe and caring environment. Any untoward experiences for the child may have a long lasting unpleasant impression, capable of shaping the characteristic of the child in unpalatable ways," the Court said. 

The Bench of Justice SM Subramaniam emphasized the vital role of these committees, suggesting they be led by school principals or include representatives from parents, teachers, and senior students.

The Court's Order mandates these Monitoring Committees to vigilantly oversee the implementation of the GECP guidelines and promptly report any incidents or deviations from these norms to the appropriate authorities for necessary remedial action. Moreover, the Bench stressed that beyond direct physical punishment, any form of indirect harassment of children in schools must also be eradicated.

"Corporal punishment is never the solution to guide the child. The children have to be inspired by the respectful and dignified conduct of the adults. Controlling the child with unjustifiable measures will serve no purpose and do more harm than good. Patience is the key quality required for handling children," the Court said. 

The Court further instructed the state to disseminate these guidelines to all schools and directed district educational authorities to ensure strict adherence to them, emphasizing the importance of safeguarding the mental well-being of schoolchildren.

Furthermore, the Principal Secretary to Government, School Education Department, has been tasked with implementing the NCPCR guidelines, with the Court underlining the prohibition of corporal punishment as per Section 17(1) of the Right of Children to Free and Compulsory Education Act, 2009.

Additionally, the Court called for educational seminars and awareness programs on these guidelines and mandated prompt action in response to any complaints, with disciplinary proceedings against any lapses or negligence by competent authorities.

The Court's directions came in response to a petition seeking the implementation of NCPCR guidelines, where it underscored the adverse impact of corporal punishment on children's mental well-being and stressed the need for a more child-centric approach in society.

"Children, especially in the formative years, must be allowed to grow in a safe and secure environment and be allowed to express themselves in their own voices. Trying to downsize their voices and views by imposing corporal punishments is not the answer. We must let them grow in their own space and at their own pace. Each child is different and unique. No common method of upbringing can be adopted for all the children. We can monitor them but can never suppress them," the Court remarked. 

It added, "The next era of child rights must move forward with a better and more equipped and pragmatic approach where the children are better heard and treated with more respect. We need to be more receptive to the needs of the children. We have to start listening to them."

The matter has been scheduled for compliance on June 14, and the Court has directed the issuance of consolidated circulars or instructions within five weeks from the date of the Order.

"The consolidated Circular/Instructions are directed to be issued, within a period of five weeks from the date of receipt of a copy of this order. The Registry is directed to list the matter under the caption 'For Reporting Compliance' before this Court on 14.06.2024," the Court said in its Order dated April 23. 

Cause Title: Kamatchi Shanker Arumugam v. Tamil Nadu School Education Department & Others

Appearance:-

Petitioner: Kamatchi Shanker Arumugam (in-person)

Respondent: Advocate P Raja Rajeswari

Click here to read/download the Order