The National Commission for Protection of Child Rights (NCPCR), under the Government of India, recently issued a letter to Principal Secretaries of School Education Department of all States and Union Territories. The letter addresses concerns over corporal punishment and discrimination meted out to children during the celebration of festivals like Raksha Bandhan. This article aims to delve into the details of the letter, the legal framework it cites, and its implications for schools and educators.
Role of NCPCR
The NCPCR is a statutory body constituted under Section 3 of the Commission for Protection of Child Rights (CPCR) Act, 2005. Its mandate extends to monitoring the implementation of multiple acts, including the Protection of Children from Sexual Offences (POCSO) Act, 2012; Juvenile Justice (Care and Protection of Children) Act, 2015; and the Right to Free and Compulsory Education (RTE) Act, 2009.
The Concern
The Commission observed through various news reports that children are being harassed and discriminated against during the celebration of festivals. For instance, children are not allowed to wear rakhi, Wok, or mehandi during Raksha Bandhan, leading to both mental and physical harassment.
What is Corporal punishment?
Corporal punishment refers to the use of physical force with the intent to inflict pain as a method of discipline or behavior modification. Typically used in some educational settings, homes, or institutions, corporal punishment may include actions like spanking, slapping, or striking a person with an object. While it was historically considered an acceptable means of disciplining children, it is increasingly viewed as harmful and ineffective, leading many countries and institutions to ban or restrict its use. The practice is criticized for causing physical and emotional harm to children and for contributing to a hostile environment that may hinder developmental and educational outcomes.
Legal Framework
Corporal punishment is explicitly prohibited under Section 17 of the RTE Act, 2009. This act provides a legal backbone against any physical punishment or mental harassment meted out to children. The NCPCR, thus, is well within its jurisdiction to demand compliance from schools.
Request to Authorities
The letter requests that the necessary directions be issued to concerned authorities to prevent schools from practicing any form of corporal punishment or discrimination during festivals. This makes it obligatory for educational institutions to comply, as failing to do so would attract legal consequences.
Importance of Cultural Sensitivity
This directive also sheds light on the need for cultural sensitivity within educational institutions. Schools serve as the first institutions where children learn social behavior, and discriminatory practices can leave a lasting impact on young minds. Therefore, it is vital for schools to create an environment where diversity is celebrated.
Conclusion
The letter issued by NCPCR is a timely reminder to educational institutions about their obligations under the RTE Act and other similar legislations. It emphasizes the need to create an inclusive and tolerant environment, particularly during the celebration of cultural and religious festivals. The schools are now under the legal obligation to follow this directive and ensure the mental and physical well-being of children, thereby respecting their cultural practices. Failure to adhere to these guidelines could lead to serious legal consequences, reinforcing the need for schools to take immediate corrective action.
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Government of India
National Commission for Protection of Child Rights
New Delhi-110 001
F.No. 25019/18/2023-24/NCPCR/EDU|DD8774 Date-30/08/2023
To,
Principal Secretaries of School Education Department of all States/UTs (as per the enclosed list)
Subject- Schools subjecting children to corporal punishment and discrimination during festivals-reg.
Madam/Sir,
The National Commission for Protection of Child Rights (NCPCR) (hereinafter referred to as ‘the Commission’) is a statutory body constituted under Section 3 of the Commission for Protection of Child Rights (CPCR) Act, 2005 to protect the rights of children and address other related matters in the Country. The Commission is further mandated to monitor the proper and effective implementation of Protection of Children from Sexual Offences (POCSO) Act, 2012; Juvenile Justice (Care and Protection of Children) Act, 2015 and Right to Free and Compulsory Education. (RTE) Act, 2009.
2. Over the years, it has been observed by the Commission through various news reports that children arc subject to harassment and discrimination by the school teachers and other staff on account of celebration of festivals. It has been noticed that schools do not allow children to wear rakhi or Wok or mehandi in schools during the festival of Raksha Bandhan and subject them to harassment, both physical and mental. It may be noted that corporal punishment is prohibited in schools under Section 17 of the RTE Act, 2009.
3. Therefore, it is requested to issue necessary directions to the concerned authorities and ensure that schools do not observe any such practice that may expose children to corporal punishment or discrimination.
Yours Sincerely
(Priyank Kanoongo)
Respected madam/sir,
kindly let us know whether this letter is only for Raksha Bandhan? Or it can be applied to other festivals as well?