In many societies, particularly those with deep-rooted traditional structures, corporal punishment has long been regarded as an acceptable, even necessary, tool for disciplining children. In India, this method of punishment, ranging from slaps to more severe forms of physical reprimand, is often defended as a generationally inherited practice, rooted in the belief that it produces well-adjusted, obedient adults. Read here to learn more.
Contemporary research, child psychology, and global human rights frameworks suggest that this normalisation of violence deserves urgent scrutiny.
The high prevalence of corporal punishment in Indian households and schools raises vital questions about the line between discipline and abuse, and whether cultural justifications can continue to override children’s rights to a safe and nurturing environment.
Corporal Punishment in India
Recent independent studies conducted in India indicate a disturbing prevalence of corporal punishment:
- A nationwide survey found that approximately 77.5% of parents admitted to physically punishing their children as a disciplinary measure.
- Surveys by the Ministry of Women and Child Development have similarly revealed that more than two-thirds of children experience some form of physical or verbal abuse at home.
- Notably, such punishment often cuts across socio-economic boundaries, occurring in both rural and urban households, among the educated and the uneducated alike.
This trend reflects not merely parental frustration but a deeply internalised cultural ethos, one where obedience is prized above emotional wellbeing, and where questioning parental authority is seen as insolence.
The Psychological Impact of Corporal Punishment
Contrary to the belief that physical punishment “toughens up” children or makes them more disciplined, psychological research consistently demonstrates the harmful effects of such methods:
- Increased risk of aggression, anxiety, and depression in children.
- Impaired parent-child bonding, with long-term impacts on trust and communication.
- Normalisation of violence as a tool of control, potentially continuing the cycle of abuse in future relationships.
The American Academy of Paediatrics, the UN Committee on the Rights of the Child, and global mental health experts unanimously condemn corporal punishment, stressing the need for positive, non-violent disciplinary techniques.
Laws Against Corporal Punishment in Schools
International Laws
The United Nations Convention on the Rights of the Child (UNCRC), to which India is a signatory, provides a comprehensive framework for protecting children from violence, including corporal punishment in schools.
Article 28(2) – Discipline Must Respect the Child’s Dignity
- “States Parties shall take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity.”
- This article advocates for non-violent disciplinary methods, rendering corporal punishment incompatible with international human rights standards.
Article 29(1)(b)- Development of Respect for Human Rights
- Education must be directed to the development of respect for human rights and fundamental freedoms.
- Corporal punishment, being coercive and harmful, violates the spirit of human rights education and contradicts this article.
Article 37(a)- Freedom from Cruel or Degrading Treatment
- “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.”
- Corporal punishment falls within this definition, and member states are obliged to prevent such practices.
Article 19(1)- Protection from All Forms of Violence
- “States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence…”
- This explicitly directs governments to eliminate corporal punishment in all settings, including schools.
Indian Laws Against Corporal Punishment in Schools
India has developed a legal and policy framework that seeks to prohibit and penalise corporal punishment, especially within educational institutions.
Constitutional Provisions
- Article 21- Right to Life and Personal Liberty: Interpreted by the Supreme Court to include the right to live with human dignity, which corporal punishment violates.
- Article 21A- Right to Education: Implies a safe and supportive school environment.
- Article 39(e) and (f) (Directive Principles): Direct the State to protect children from abuse and ensure their development.
Indian Penal Code, 1860 (IPC)
- Section 323: Causing hurt voluntarily is punishable.
- Section 325: Causing grievous hurt.
- Section 352: Assault or criminal force otherwise than on grave provocation.
Teachers are not exempt from these sections if their actions cause physical harm to children.
Right of Children to Free and Compulsory Education (RTE) Act, 2009
- Section 17(1): Prohibits physical punishment and mental harassment in schools.
- Section 17(2): Prescribes disciplinary action against the teacher or person who contravenes this provision.
The RTE Act was India’s first education-specific statute that explicitly banned corporal punishment.
Juvenile Justice (Care and Protection of Children) Act, 2015
- This law provides criminal liability for cruelty and abuse against children.
- Section 23- Punishment for Cruelty to Juveniles: Penalises anyone who assaults, neglects, or causes mental or physical suffering to a child in their care, including teachers.
- Section 75-Punishment for Cruelty to Child: If a person having charge of a child assaults, abandons, or abuses the child, they may face up to 3 years of imprisonment and a fine.
- Section 82- Corporal Punishment by Child Care Institutions: Specific provision for punishing staff of child care institutions who inflict corporal punishment.
Cultural Beliefs and the Challenge of Reform
At the heart of this issue lies a cultural conundrum: Can traditional parenting practices be questioned without seeming to undermine familial authority or cultural values?
Corporal punishment is frequently seen as an act of concern or duty, rather than cruelty. Many parents view physical discipline as a moral responsibility to shape the child’s future, and religious or spiritual texts are sometimes cited to justify it.
Changing this mindset requires more than legislation. It calls for:
- Community-level awareness campaigns.
- Parenting workshops promoting alternative, evidence-based disciplinary techniques.
- Greater investment in counselling services and positive parenting education.
The Global Perspective
Many countries, including Sweden, New Zealand, and South Africa, have legally prohibited corporal punishment in both schools and homes.
These nations have seen a gradual cultural shift toward non-violent parenting methods, often supported by:
- Nationwide public sensitisation campaigns.
- Integration of positive parenting into school curricula and healthcare systems.
- Clear legal consequences for physical punishment, even by parents.
India, with its vast and diverse population, may face greater challenges in implementation, but global examples prove that cultural change is possible with political will and social engagement.
Way Forward
- Legal Reform:
- Amend existing laws to explicitly prohibit corporal punishment in homes.
- Recognise children’s right to protection from violence in all settings, including the family.
- Parental Education:
- Introduce positive parenting programs through Anganwadis, schools, and community health workers.
- Create awareness about the emotional and developmental consequences of hitting children.
- Media and Cultural Outreach:
- Use TV, radio, and digital platforms to shift narratives around discipline and parenting.
- Encourage celebrities, teachers, and religious leaders to promote non-violent norms.
- Institutional Support:
- Train teachers, healthcare providers, and social workers to identify and respond to child abuse in homes.
- Strengthen child protection mechanisms at the district and village levels.
Conclusion
Corporal punishment is not just a disciplinary tool; it is a violation of a child’s dignity and rights.
As Indian society modernises and aspires toward greater equity, it must also reflect deeply on the violence embedded within its domestic practices.
Respecting children’s rights and emotional wellbeing is not a Western import, but a universal value rooted in empathy, science, and justice.
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