Given the differences between States in the prevalence of corporal punishment in schools, it is important to examine the differences within the State in order to determine whether the use and prevalence of corporal punishment is concentrated in certain regions of these States. Figure 2 shows the prevalence of corporal punishment at the district level. Each district is coded according to the highest rate of corporal punishment at the school level in that county, or the percentage of all enrolled students who have been physically punished at least once. Overall, more counties in the 19 states where corporal punishment is legal did not use corporal punishment in the 2011-2012 school year than this one: 59% of counties in these states reported no use of corporal punishment (blue color in Figure 2). In India, corporal punishment is prohibited in schools, daycares and alternative daycares. However, there are prohibitions at home. The 2013 National Policy for Children states that in education, the state should “ensure that no child is subjected to corporal punishment or psychological harassment” and “promote a positive commitment to inculcate discipline in order to provide children with a good learning experience”. Corporal punishment is prohibited in schools under the Right to Free and Compulsory Education Act 2009 (RTE Act). Article 17 states: “1. No child shall be subjected to corporal punishment or psychological harassment. 2.
Any person who infringes the provisions of paragraph 1 shall be liable to disciplinary action in accordance with the rules of service applicable to him. The Children`s Right to Free and Compulsory Education Regulations 2010 provide for the implementation of the law, including awareness of the rights of the law, procedures for monitoring implementation, and grievance mechanisms for violations of these rights. In 2014, the Department of Human Resource Development issued guidelines (“Notice for the Elimination of Corporal Punishment in Schools under Section 35(1) of the RTE Act 2009”), which set out national legislation on corporal punishment in schools, international human rights standards, measures that can be taken to promote the positive development of children and not the use of corporal punishment. are stated. and the role of national bodies in implementing the RTE Act: “This advice should be used by state and UT governments to ensure that appropriate policies are formulated, disseminated, implemented and monitored at the state or school level to prevent sanctions imposed on companies and appropriately address complaints.” [49] [50] What do the NCPCR guidelines say about the abolition of corporal punishment? Corporal punishment may also violate U.S. obligations under the Convention against Torture. Article 16 of the Convention obliges the Government of the United States to commit itself to the prevention of cruel, inhuman or degrading treatment or punishment. [469] The Committee against Torture, the body responsible for monitoring states` compliance with the Convention against Torture, has stated that the continued use of corporal punishment could in itself constitute a violation of the Convention. 470 The Committee on the Rights of the Child defines corporal punishment in a broad sense. Corporal punishment is any punishment in which physical force is used and which is intended to cause some degree of pain or discomfort, even minor. 479 This includes all forms of corporal punishment currently used in the United States, including, but not limited to, paddling.
Section 17 of the Right to Education Act 2009 prohibits corporal punishment in absolute terms. It prohibits corporal punishment and psychological harassment of children and prescribes disciplinary measures against the offender in accordance with the rules of service applicable to him. The United Nations Committee on the Rights of the Child, at its 42nd session in Geneva in May/June 2006, issued General Comment No. 8 (2006) entitled “The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment”, to underline the obligation of all States parties to act expeditiously to prohibit and eliminate all corporal punishment and all other cruel or degrading forms of punishment. punishment of children. and describe the legislative and other awareness-raising and educational measures to be taken by States. 475 Universal Declaration of Human Rights (UDHR), adopted December 10, 1948, Resolution G.A. 217A(III), U.N.
Doc. A/810, 71 (1948), Preamble (Recognition of the inherent dignity and equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world).