On October 14, a nine-year-old boy was beaten with a PVC pipe for being absent from school for two days. The boy’s mother filed a police complaint against the school principal for the offence. He was booked under Section 75 of the Juvenile Justice Act, 2000, causing hurt by dangerous weapons, Bharatiya Nyaya Sanhita 118(1) and criminal intimidation, BNS 351(2).

In another incident in Chitradurga, a teacher hit and kicked a nine-year-old in a school run by the local temple management. When a video of the incident went viral on social media, the teacher was booked under the Juvenile Justice Act, 2000, and various sections of BNS including 115(2), 126(2) and 351(2).

In both instances, the accused would be punished as per law, but how would one heal children who have been scarred by the brutal lashings? Child rights activists, officials and parents say that very few incidents of corporal punishments come to light. Many cases are not reported by parents and children for various reasons, including lack of awareness about child rights. Sometimes, such incidents are hushed up with the collusion of teachers and principals, and in rural areas, even village elders step in to keep the lid on.

Naganna Gowda, former chairperson, Karnataka State Commission for Protection of Child Rights (KSCPCR), says: “There are teachers who act like animals, without understanding the psychology of children. When such incidents take place, children fear going to school and tend to remain absent, which impacts their exam results. Corporal punishment not only include beating or hitting a child, it also includes mental harassment through harsh words.

“Last year, in Mysuru, a private CBSE school had not provided exam hall ticket to a child for not paying school fee. When it was brought to our notice, we approached the school and the CBSE Board chairman in Delhi. Later, the boy was given the hall ticket and he wrote the exams. We have always told schools that the issue of fee payment must be solved with parents and not to bring children into this issue.”

He adds: “Schools must do a background verification of candidates before appointing them as teachers. They must check if the person has any FIRs or police complaints for abusing a child verbally, hitting or sexual harassment.”

Meanwhile, Dr Vasudev Sharma, Executive Director and Trustee, Child Rights Trust, an NGO, noted that a lot of corporal punishment cases do not come to light. He says, “In many cases, when parents go to school and complain to the principal, they are asked to downplay the incident. Either they warn teachers or promise to bear the child’s medical expenses. In the case of the Chitradurga temple school, the teacher knew a video was being shot but he continued to hit the child. It was mainly to create fear among other children by showing these videos. He wouldn’t have expected the video to be leaked.”

Sharma says the mindset of teachers and parents must change. “They believe children can be taught only by punishment. Even teachers must be counselled or given time to unwind. This will prevent corporal punishment in schools.”

How the law works

As per educationists and child rights activists, there are two important laws in India to deal with the accused involved in corporal punishment, including Section 17 of the Right to Education (RTE) Act, 2009, and Section 75 of the Juvenile Justice Act, 2015 (Care and protection of children).

Apart from these two laws, common punishments include fines, suspension and other disciplinary action. Dr Niranjanaradhya, educationist and former chairperson of KSCPCR, says, “Corporal punishment is an offence under Section 17 of the RTE Act. It prohibits physical punishment and mental harassment of children. The person who violates this provision is liable to disciplinary action, as per their service rules. Section 75 of the Juvenile Justice Act 2015 (Care and protection of children) penalises cruelty of a person towards children, including teachers.”

He adds, “As per the JJ Act, all childcare institutions must be registered, and includes educational institutions and residential facilities. But many residential schools are isolated, and when incidents of corporal punishment take place, they don’t come to light.”

Niranjan said that madrasas and religious teaching institutions do not come under the scope of RTE Act and JJ Act. He says, “Since they don’t come under the RTE Act, Block Education Officers don’t visit or inspect the schools. Similarly, District Child Protection Officers don’t keep a tab on them as they don’t come under the scope of JJ Act. Therefore, these incidents go unreported in such institutions. The Chitradurga temple school incident can be counted as one such example.”

Dr KT Thippeswamy, member of KSCPCR, agreed with this lacuna in law due to which many incidents go unnoticed in temple schools and madrasas. He says, “While laws are in place, schools and various institutions must create awareness about it among children. The Department of State Educational Research and Training (DSERT) makes sure to train teachers with the help of master trainers about the RTE Act, JJ Act and corporal punishment. Teachers also study child psychology, classroom techniques, constructive learning modules, child-centric education etc when they pursue BEd and DEd.”

Work pressure

Bhagya Lakshmi, a retired teacher from a government high school in Anjanapura in Bengaluru, said work pressure creates mental stress for teachers. “Apart from teaching children, teachers have other work which adds to the pressure. Earlier, there was a mindset that children learn to be disciplined only when teachers beat them. Now, it has evolved as it impacts them mentally and not just physically. Usually, teachers hit students when they fail to do their homework, remain absent and disturb during classes. I have also noticed that children become stubborn when we hit them to discipline them. Therefore, they must be informed softly.”

She adds, “Teachers must also consider the background of students. Some come from a poor background who go out for work after school hours. Sometimes, when parents are unwell, they have to do all the domestic chores. In such cases, they might not get enough time to complete their homework. Therefore, teachers should not resort to corporal punishment.”

A retired government school teacher in Rantanahalli says, “Work pressure on teachers is very high. These days, BEOs and even the education department put pressure on teachers to get 100 per cent results for SSLC exams. Since there is shortage of teachers in many schools, they have no leisure period, especially in primary classes.

Apart from teaching, we need to submit reports on the number of students who have consumed mid-day meals. This data has to be spilt in terms of SC, ST, OBC and other category students. September is celebrated as ‘Swachhata Masa’, during which various activities are conducted for 15 days in schools. We need to upload these pictures on the portal or the BEO takes action for not conducting these programmes.”

She adds, “Work pressure impacts the behaviour of teachers towards children. These days, incidents of corporal punishment have come down in government schools, both in rural and urban areas.”

Impact on mental health

Jahnavi Murali, a child psychologist, said corporal punishment has come down compared to what it was 10 years ago. “I have counselled children of various age groups, irrespective of their economic background. Even a slap or pinch can impact children physically and emotionally. But the emotional hurt is always invisible.

It might impact children in a way that is irreversible. Such incidents lead to emotional instability, low confidence and self-esteem. As a result, they resort to various coping mechanisms, including self-harm. Teenagers start depending on alcohol and drugs. They turn aggressive and hostile towards their siblings and even friends,” she says.

“There is no quick fix for these problems. As it involves change in the mindset of people, I believe it starts with conversation. There are different modules involved in therapy, including play therapy, art as a module and reading story books. When we read story books to them, children verbalise these emotions. For instance, I suggest a children’s book called ‘Rosie and the Worry Whisperer’ by Matthew Cunningham. Children connect to Rosie’s worries in this book and often admit that they too go through these feelings, like anxiety, depression, fear and more,” Jahnavi adds.

Mallige, a child psychologist, explains: “There is a theory called Bronfenbrenner’s Ecological Systems Theory which explains that human development is shaped by interactions within multiple layers of environment from family, schools, communities and society. This theory is relevant when it comes to shaping a child’s behaviour. Corporal punishment, whether at home or school, can impact their behaviour. Teachers must understand that nothing can be achieved by punishing, beating or insulting the child with words.”

Meanwhile, Dr John Vijaysagar Kommu, Head of Department, Child and Adolescent Psychiatry, Nimhans, says cases of corporal punishment in schools have reduced. “The number of corporal punishment cases has reduced to a large extent. However, even when one or two cases are reported, it impacts children mentally, and this impact varies. Some children might be upset for a day or two.

When their parents respond promptly, they overcome the situation and move on. Meanwhile, others face issues like anxiety, depression, school attendance drops and they could become slow learners due to lack of concentration, and even develop a dislike for a subject or towards a teacher who hits them. It takes time for parents also to understand why their child is behaving in a certain manner.”