Pakistan was one of the first countries who ratified the United Nations Convention on the Rights of Child (UNCRC) whose article 19 clearly enunciates that a child must be “protected from all forms of physical and mental violence while in the care of parents and others.” Article 37 is also pertinent in this respect “No child shall be subjected to torture or other cruel, inhuman or degrading treatment or punishment.
However, Section 89 of the PPC (Pakistan Penal Code 1860) (No XLV) allows parents, teachers and other guardians to use corporal punishment as a means to discipline and correct the behaviour of under-12 children. However, such punishment is required to be moderate and reasonable.
In case the punishment inflicts serious injuries as defined in PPC, then the adult can be booked under sections 334 and 336 of the PPC respectively and can be penalised and imprisoned for it.
UN Committee on the Rights of Children also recommended Government of Pakistan in its concluding observations & recommendations in 2009 that “state party as a matter of urgency repeal section 89 of the Pakistan Penal Code 1860 and explicitly prohibit all forms of corporal punishment in all settings.
Teachers may be more likely to resort violent discipline under stressful conditions, including overcrowded class rooms, insufficient resources, and an increased emphasis on student testing and achievement.
As enrolment increases, resources often do not keep pace. Teachers have less capacity to intervene in peer violence when classes are very large and may report to punitive management strategies such as corporal punishment.
It is pertinent to mention here that corporal punishment is prohibited in the schools of the Punjab province since September 2005, vide order No. PS/SS (S)/Misc/2005/127.
It is appreciable that government put a ban on corporal punishment in schools through notifications but Government of Pakistan had promised to present a law banning corporal punishment in 2004, but it never happened, instead notifications were sent to the provincial and district offices and these notifications fall short on the legislation required for conviction and punishment through the justice system.
UN Study on Violence against Children reflects that millions of children across the world become victim of sexual, physical and/or emotional violence, many on a daily basis. Societal acceptance of violence against children appeared to be the norm and to be a key obstacle to its elimination.
The UN study put forward 12 overreaching recommendations for action. It urged states and other stakeholders to strengthen international, national and local commitments to end violence against children; to prohibit all violence against children in national law; to promote non-violent values and awareness raising; to enhance the capacity of those who work with or for children,; to ensure accountability and end impunity; and to take a range of other actions to prevent violence against children and to respond to it effectively it occurs.
The ultimate goal of the recommendations was to establish conditions that would end all forms of violence against all children. The UN Study concluded “No violence against children is justifiable; all violence against children is preventable
IFTIKHAR MUBARIK
Lahore