Corporal punishment: For whose benefit?
APRIL 30th is marked as International Day to End Corporal Punishment across the world. In the modern world it is astonishing to think that there’s a need to dedicate an entire day to tell ‘humans’ no to physically beat up their children. However, reality is harsh because only one out of seven children across the world is legally protected from corporal punishment, the most common form of violence against children. In geographic terms, only 65 countries out of 199 have legally outlawed all forms of corporal punishment, including in homes.
Plethora of scientific research has proven that use of physical force to ‘educate’ or ‘correct’ a child serves no purpose. On the contrary it has served short-term and long-term physical and mental consequences. Yet corporal punishment is daily happening for many children and it is widely accepted as the inherent right of parents and guardians, elder siblings, teachers, religious tutors, and employers (unlawful).
Corporal Punishment is a global concern and therefore has been recognized by the United Nations as a serious threat to the dignity and wellbeing of children. United Nations Convention on the Rights of Child Article 37 proscribes corporal punishment. Article 19, advises the governments to take judicial, directorial, societal and educational steps to curb corporal punishment. Sustainable Development Goals (SDGs) Goal: 16.2 ‘Peace, Justice and Strong Institutions’, Goal 3: ‘Good Health and Well-being’, Goal 4: ‘Quality Education’, all aim towards eradication of corporal punishment from society. Despite these commitments, Pakistan is still among the 134 countries struggling to eradicate corporal punishment.
In Pakistan, all the subdivisions have outlawed corporal punishment in education institutions through legislation or notifications. However, implementation remains negligent due to conflicting nature of the laws, delayed institutional mechanism and inadequate resource allocation. Rules of Business of Sindh Prohibition of Corporal Punishment Act (2016) were made 5 years later but no one has cared to explain why.
There is a dire need to bring uniformity in laws for effective enforcement of a total ban prohibition of corporal punishment throughout the country. Any law which allows teachers and guardians to physically punish a child in the name of ‘so called’ best interest of the child must be repealed. Another effort required in legislation is to set the age of childhood to 18 years as it is internationally recognized. The complaint mechanisms under all laws must be clear and efficient.
The federal and provincial governments must also show concrete results in bringing religious schools under mainstream education umbrella because corporal punishment in these institutions remains unnoticed. Subsequently, child labour and child domestic labour must also be monitored for strict punishment against the culprits indulging in such heinous acts. The need for improvement in teachers’ training and strengthening School Management Committees (SMCs) has often been highlighted by educational experts.
When it comes to child rights, the simple advice for the government is “Deliver what is promised”. The Rules of Business of Islamabad Capital Territory Prohibition of Corporal Punishment Act 2021 are the latest instalment of the state’s promise to safeguard its children. Swift resolving of complaints, using technological aids, providing confidentiality and shelter, all sound sweet on paper but must be implemented in letter and spirit.
The above recommendations are required before Pakistan can move on to the next step that is to end corporal punishment at homes. Monitoring the households isn’t possible in a society like Pakistan therefore awareness remains the only tool. However, if the state makes concrete efforts the circle of violence will shrink and eventually everyone will realize that corporal punishment is for nobody’s benefit.
—The writer is Programme Manager, Society for the Protection of the Rights of the Child, SPARC, Islamabad.
Email: [email protected]
