PROHIBITION OF PUNISHMENT IN RIGHT TO EDUCATION – ANALYTICAL STUDY OF UDWANTNAGAR BLOCK By Kumari Jyoti Kiran[1]

Education is a fundamental human right which Provides  free and compulsory education to all children of the age of six to fourteen years. The Right of children to Free and Compulsory Education Act came into force from April 1, 2010.

Children have the right to protection from all forms of violence, abuse and maltreatment. Corporal punishment in any setting is a violation of that right. The. Corporal punishment Convention on the Rights of the Child (CRC)to which the Government of India is a signatory, states that learning environments should respect children’s dignity and discipline in school should be administered in a manner consistent with children’s dignity1.

The National Policy on Education (1986, modified 1992) states that “corporal punishment will be firmly excluded from the educational systems” but only 17 states/union territories in India have prohibited corporal punishment in schools2. The Right of Children to Free and Compulsory Education Act, 2009 (No 35 of 2009) (26 August, 2009) prohibits physical punishment and mental harassment to the  child3. “Corporal punishment in all settings wherever the child is, should be banned through legislation, in line with the recommendations in the UN Study on Violence against Children. Any form of violence against children is never justifiable or acceptable. It teaches the child that violence is acceptable and so perpetuates the cycle of violence.
Eliminating corporal punishment in all settings is also a key strategy for reducing and preventing all forms of violence in society.”

Karin Hulshof- UNICEF India Representative4. National commissions on violence in America, Australia, Germany, South Africa and the UK have recommended ending corporal punishment of children as an essential step towards reducing all violence in society.

A recent report of the National Commission of Protection of Child Rights(NCPCR) has revealed that 69% children from government schools and 70.5% from private schools were subjected to humiliation like slapping, youngest children(3-5 year old) constituted a highly abusive group and were subjected to verbal punishment. The punishments that most children had to bear with were getting beaten by cane (75%) , being slapped on cheeks (69%) , being hit on back (57.5%) and ears getting boxed (57.4%). The NCPCR’s study also found that insensitive punishments like prohibiting children from using the toilet (irrespective of gender) was also uniformly meted out in government and private schools  . According to a study, two of every three schools going children were physically assaulted and mentally abused. Boys were more victimized then girls. However, most children never reported abuse and continued to suffer in silence. . A Straus and Paschall (2009) study tested the hypothesis that the use of  Corporal punishment is associated with restricted cognitive development. The study involved the measuring of cognitive ability at the start of the study and after four years of 704 children aged 5-9. Although the study involved  Corporal punishment awarded by mothers, the findings are relevant in the context of school because  Corporal punishment awarded at school also produces stress that might interfere with cognitive development. It was found that the more some children experienced  Corporal punishment, the more they fell behind others who were not spanked. It is noted by the researchers from neurobiological and epidemiological evidences that early life stress caused due to abuse can result in enduring braindys functions, affecting health and quality of life. In one of my own personal experiences, I was hit by my teacher for many days and suffered not only physical pain at a stretch but also developed a long term dislike to the subject. The presence of compelling research evidences that punishments can harm physically and psychologically should not be ignored. However, the present record of reports, some very recent, in the Indian media indicates the severity of punishments that has ledup to extreme physical conditions and sometimes death. While there is a tendency for the teachers and management involved to defend their actions by claiming that their intentions were good and hence not abusive in nature, care must be taken when accepting such a claim at face value. While the definition of child abuse is abstract and open to interpretation often resulting in disagreements between professionals (Segal,1992) the situation in India clamours to investigate several incidents that are ambivalent in nature. Although there is a myth that there is one uniform phenomenon that can be referred to as child abuse (Gelles & Cornell 1976), Finkelhor and Korbin (1988) caution that child abuse is not simply a “culturally relative concept”  as these acts might exceed the common cultural expectations of disciplining and invite a substantial if not complete rejection and anger from the society. This caution finds its relevance in the current incidents and the probable cultural mind set of Indian teaching community. Even if all punishments do not amount to abuse, the acts discussed in this paper, the circumstances under which they have taken place and the results they have caused indeed raise the issue of whether the Indian teaching community acknowledges that  Corporal punishment  involves or can amount to abuse.

Study Area – Study Area is Udwantnagar Block. This Block Situated in the bihar.  In the Present study five school is selected.

Objectives To identify students Punish or not.

Limitation – Limitation of present study is one Block of Bhojpur district. Five school is selected from Udwantnagar Block. These are following-

  1. Ram Janki +2 School, Udwantnagar ,

2 .Kanya Middle School, Udwantnagar ,

3 .Middle School, Udwantnagar ,

4 .Middle School, kohara, Udwantnagar

5 .Middle School, Raghopur, Udwantnagar.

Methodology

Present Research paper is based on survey method and which is descriptive in nature.

Sampling method

In present Research Paper not Possible to take all school of Bihar.due to lack of time and money. As a Result only selected Bojpur District of Bihar.

Sample Size

10 -10  Students are selected from the above mention five Schools Hence, Sample size is 50.

Tools

Questionnaire and interview sechedule.  The positive discipline parenting and classroom management model is based on the work of Alfred Adler and Rudolf Dreikurs originated in the 1920s. It consists of a specific set of techniques for rewarding good behavior and curtailing negative behivour. It is a program designed to teach children to become responsible, respectful and resourceful and inculcates a spirit of self-discipline. . The Prime Minister Shri Manmohan Singh has emphasized that it is important for the country that if we nurture our children and young people with the right education, India’s future as a strong and prosperous country is secure. harmful potential effects of corporal punishment – a significant factor in the development of violent attitudes and actions in childhood and adult life, its links with low self-esteem, depression, delinquency and all the things we do not want for our children. The work conditions of school teachers in most government schools are undoubtedly adverse. There are over crowded classes, not enough text books, first-generation learners etc. But children are not responsible for all these problems that teachers face in performing their duties. It is so easy to victimize the weak. Besides, this is not to say that there is no violence or corporal punishment on children in well-to do schools. In order to understand and address whether or not forms of  corporal punishment are acknowledged abasuse by the Indian teaching community or parts of it, the different kinds of Career Educator Spring 2011 National commissions on violence in America, Australia, Germany, South Africa and the UK have recommended ending corporal punishment of children as an essential step towards reducing all violence in society. Students of Udwantnagar Block are never given corporal punishment  they are not only guided but also motivated for their all around development. That is the prime objective  of any educational  system.

Students  are motivated to take active part in curriculum  and extra – curriculum. As a result of prohibition of  corporal punishment the following effect have been watched which are both negative and positive. The students take Part in class Room and positive  activities truly and express their unmixed  feeling. They assist cooprate  teaching  learning process and help in class room activity, joyful and tension free.

Small section of students deny teachers instruction and hardly take part in school activity as they know that they will not harmed   by the school management .They don’t  pay attention to class works ,home works ,and  are dishonest in extra curriculum activity due to lack of any sort of punishment .They discuss their  personal  as well as share any problem without any hesitation .As a result of prohibition corporal punishment free atmosphere they consider teacher as guide , motivator  and counsellor.

Hence, as a result of RTE it has been possible for the teachers and other concerned people to encourage students.

References

Banerjie, M. (2010, June 9). Evidence suggests Kolkata school drove student to suicide.

National Policy on Education (1986, modified 1992)

Benatar, D. (1998). “Corporal punishment” Vol.35, No.9, pp. 1174-1182.

Carson, D.K., & Chowdhury, A. (2000). “Family therapy in India: A new profession in anancient land?” Vol. 95, pp. 157-163., Vol.5,No.1, pp. 13-15.

Bhutia, T.Y. (2006). “Corporal Punishment in Chennai Schools: A study” Retrieved fromhttp:// www.tamilinfoservice.com/manitham/report/corporalpunishmentchennai.pdf on March 2, 2010Bisht, R. (2008). “Who is a child?: The adults’ perspective within adult-child relationship in India” Interpersona Journal,

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[1] Ram Janki +2 School udwantnagar