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NEW DELHI,INDIA, December 2, 2000: Spare the rod and spoil the child. Even in this, the 21st century, the Christian slogan still has many champions among school teachers, school administrators and even parents. But the Delhi High Court on Friday may have forced them to rethink. In a landmark judgement, the Delhi High Court struck down the provision for corporal punishment provided under the Delhi School Education Act. The court held that the provision violated the constitutional right guaranteeing equality and protection of life and personal liberty. The ruling came in the wake of a petition filed by the Parents Forum For Meaningful Education. A division bench of Justice Anil Dev Singh and Justice M.K. Sharma, in their 23-page judgement, also struck down other provisions in the Act that run contrary to the National Policy on Education adopted by the Centre in 1992. “The national policy, in tune with the International Convention on Children, has adopted a child-centered approach, where corporal punishment has no place in the system of education. India, being a signatory to the Convention, is obliged to protect the child from physical or mental violence or injury while the child is in the care of any person, be it educational institution, parents or legal guardian,” the bench held. The Act provided for awarding corporal punishment to a student above 14 for up to ten cane strokes on the palms. On the use of physical force against children by teachers, the court said: “It defeats the very purpose for which the punishment is applied. Infliction of body pain as penalty for indiscipline on a child may make him submissive, while others may learn that the punishment is an accepted mode of ensuring compliance of one’s wisdom by others.”

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