UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD
Article 2 (Non-discrimination): The Convention applies to all children, whatever their race, religion or abilities; whatever they think or say, whatever type of family they come from. It doesn’t matter where children live, what language they speak, what their parents do, whether they are boys or girls, what their culture is, whether they have a disability or whether they are rich or poor. No child should be treated unfairly on any basis
A child is a child. You cannot discriminate to them on the basis of their race, caste, sex, religion, financial status. Children are the resources of coming days. A child has the full right to grow up within a healthy, secure, and peaceful society. If the children are facing many atrocities in their developing period how they can build themselves as harmless human beings? We, adults, have a responsibility to give proper unbiased values lessons to children to make them independent person. But we adults fail to give unbiased values to our children. Cause the elders aren’t aware of actual values, moralities are. Here I’m going to discuss a terrific, shocking incident that happened in India that a student was beaten by his class fellow under the influence of their teacher. Today’s socio-political situation turned us to this point. Children are being victimized as well as criminalized by political propaganda.
Contents
The incident happened in UP , India
Video of a UP teacher encouraging Hindu students to beat a Muslim kid has gone viral shocking social media users
As caught on the camera, one kid thrashed another kid, presumably Muslim, while the second kid was crying. “Aey kya tum maar rahe ho iske.. jor se maaro naa…chalo aur kiska number hai,(What are you doing? Why are you not beating him harder)” the teacher was heard saying asking the students to give a good beating to the Muslim kid in question.
Another kid then came and thrashed the Muslim kid when the teachers asked him to beat on his waist too.
When the Police personnel of Muzafffarnagar spoke to the school principal, it emerged that the teacher had declared that mothers of Mohammedan children who do not pay attention to their education, those children’s education ruined. In this connection, action will be taken,”
Who will be punishable :
Is a teacher only liable for this grim activity? Or the media who are encouraging the communal conflict? Or the political agencies who are constantly building their propaganda creating communal violence to cover up their inactiveness towards the nation?
Psychological and Social effect :
An institution plays a vital role for a student to exist in society, a student or a child securely relies upon the teacher after his or her family. An institution helps a child how to communicate and trust building with his/her class fellows. From the abovementioned incident, we can say that is a very shameful incident that happened in the institution. Whatever may be the reason behind this incident a child should not be treated like this, due to this culture of the educational system a child going through the many mental imbalances. The result will be vulnerable, he or she is going through an existential crisis, trust issues will arise, their self-esteem can be low. If the children facing some bullying in their second family or school anxiety and depression will grow, and that anxiety and depression may turn into a suicidal-prone mentality.
A child is tomorrow’s nation-builder. A child needs a healthy caring and supportive society for their development as well as a society also needs the new generation to carry forward into better place. If the child could not get proper environment to enhance their wings how can be a developing society will build.
How we can prevent a child from these vulnerabilities and come back to them new with a new normal life. Help the child to make new friends and spend time with their friends. Engaged them and to participate in any sports, play of whatever they like. All those responsibilities are not only on the teachers or educational institution but also parents and relatives should have taken initiatives for betterment of their children.
Legal safeguarded for children
International Law
Article 28(2) of UN CRC requires the State parties to “take all appropriate measures to ensure that school discipline is administered in a manner consistent with the child’s human dignity and in conformity with the present Convention.”
Similarly, Article 29(1) (b) of the Convention emphasises that the “State parties agree that the education of the child shall be directed to the development of respect for human rights and fundamental freedoms, and for the principles enshrined in the Charter of the United Nations”.
Further, Article 37(a) of UN CRC requires States Parties to ensure that “no child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment”.
This is complemented by Article 19(1) of the Convention, which requires States to– “Take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parent(s), legal guardian(s) or any other person who has the care of the child.” Article 19(2) lays down that– “Such protective measures should, as appropriate, include effective procedures for the establishment of social programmes to provide necessary support for the child and for those who have the care of the child, as well as for other forms of prevention and for identification, reporting, referral, investigation, treatment and follow-up of instances of child maltreatment described heretofore, and, as appropriate, for judicial involvement.”
Under RTE ACT
The Right of Children to Free and Compulsory Education (RTE) Act, 2009, which has come into force with effect from 1 April 2010, prohibits ‘physical punishment’ and ‘mental harassment’ under Section 17(1) and makes it a punishable offence under Section 17(2). These provisions read as follows:
- Prohibition of physical punishment and mental harassment to child – (1) No child shall be subjected to physical punishment or mental harassment.
(2) Whoever contravenes the provisions of sub-section (1) shall be liable to disciplinary action under the service rules applicable to such person.
Sections 8 and 9 of the RTE Act place a duty on the appropriate Government and the local authority to “ensure that the child belonging to weaker section and the child belonging to disadvantaged group are not discriminated against and prevented from pursuing and completing elementary education on any grounds”.
The RTE Act does not preclude the application of other legislation that relates to the violations of the rights of the child, for example, booking the offenses under the IPC and the SC and ST Prevention of Atrocities Act of 1989.
Relevant constitutional Provisions
Article 21 of the Constitution of India which protects the right to life and dignity includes the right to education for children up to 14 years of age2 . Corporal punishment amounts to abuse and militates against the freedom and dignity of a child. It also interferes with a child’s right to education because fear of corporal punishment makes children more likely to avoid school or to drop out altogether. Hence, corporal punishment is violative of the right to life with dignity.
Article 21A of the Constitution provides that “the State shall provide free and compulsory education to all children of the age of six to fourteen years in such manner as the State may, by law, determine.” This fundamental right has been actualised with the enactment of Right of Children to Free and Compulsory Education Act, 2009.
Article 39(e) directs the State to work progressively to ensure that “… the tender age of children are not abused”.
Article 39(f) directs the State to work progressively to ensure that “children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against exploitation and against moral and material abandonment.”
Under IPC
Several provisions of the Indian Penal Code (IPC) relating to varying degrees of physical harm and intimidation can be used to prosecute perpetrators of corporal punishment against children in an institutional setting. These include, inter alia:
Section 305: Abetment of suicide committed by a child;
Section 323: Voluntarily causing hurt;
Section 325: Voluntarily causing grievous hurt;
Section 352: Assault or use of criminal force otherwise than a grave provocation
Section 506: Criminal intimidation;
Till recently, the provisions of Sections 88 and 89 of the IPC were invoked to explain the power teachers exercised when inflicting corporal punishment. These two provisions in the chapter on ‘General Exceptions’ cover harms that may be caused without penal consequence. Section 88 exempts an act from being treated as an offence when the harm was caused “to any person for whose benefit it is done in good faith”. Section 89 exempts acts “done in good faith for the benefit of a person under 12 years of age … by or by consent, either express or implied, of the guardian or other person having lawful charge of that person.” However, contrary to Sections 88 and 89 of the IPC, the Gujarat High Court in its judgement Hasmukhbhai Gokaldas Shah v. State of Gujarat, 17 November 2008, has clearly stated that “corporal punishment to child in present days is not recognised by law”. Further, India is a State Party to the Convention on the Rights of the Child. The standard of ‘the best interests of the child’ is now a part of domestic law. In 2006, the Committee on the Rights of the Child explained this obligation further when it reiterated, in General Comment No. 8, “the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment”.
According to the legal framework in India, it can be argued that corporal punishment falls within the purview of various provisions that address the punishment of individuals who inflict physical harm. While it is true that the aforementioned provisions do not differentiate between individuals of adult and minor status, it is noteworthy that in actuality, instances of corporal punishment within educational and institutional settings are seldom subjected to legal prosecution. This can be attributed to the prevailing societal acceptance and perception of such disciplinary measures as lawful and justifiable. The provisions delineated within this section, with specific emphasis on the criminal provisions, possess the capacity to be employed in instances involving corporal punishment, albeit infrequently utilised.
A profound Comprehension
Based on the aforementioned discourse, it is evident that the contention arises that a child’s exposure to acts of violence cannot be solely attributed to their affiliation with a marginalized minority community or any other factor. It is important to recognize that the absence of mind does not necessarily imply that physical abuse is the sole recourse for reintegration into an educational setting. The aforementioned action is not only in contravention of existing legal statutes, but also constitutes a clear infringement upon the fundamental rights and protections secured for children. Educators have to more sensitive and careful towards their students.
To include, the State should play a key role in bridging the gap between rhetoric and reality concerning children’s rights. Achievement of this objective is dependent on recognition of the impacts of structural inequalities and development of child-focused, time-bound measures to address these. This requires provision of appropriate resources and articulation of political commitment to the promotion, protection, and realization of their rights for all children, including the most disadvantaged and marginalized.
in fulfilling their societal obligations, ought to have assumed a proactive stance by disseminating news content that their responsibility to provide the public with accurate narratives.
It is imperative to assert that the police agencies, in their capacity as law enforcement entities, ought not to have acquiesced to prevailing circumstances, but rather should have exercised a heightened degree of vigilance and diligence in order to proactively avert the aforementioned issues, which have deleterious ramifications for both the vulnerable children and the broader societal fabric.
References
Chopra, Geeta (2015 ), Child Rights in India challenges and social action, springer
Basu, Durga Das(2007), comparative federalism, LexisNexies
UNITED NATIONS CONVENTION ON THE RIGHTS OF THE CHILD, 1989
RTE Act 2009
Gaur, KD, Text Book on Indian Penal Code, LexisNexies
Thanks for this article…very informative