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Synopsis

The Madras High Court has directed the Tamil Nadu government to implement the Guidelines for Elimination of Corporal Punishment in Schools (GECP) provided by the National Commission for Protection of Child Rights (NCPCR).

Court ordered that the guidelines be communicated to all the educational institutes across the State of Tamil Nadu and the district educational authorities to be followed scrupulously to protect the mental health of the children.

For this purpose, court suggested that seminars/awareness camps, etc can be conducted. 

Additionally, court ordered that if any complaints are registered in this regard and any lapse, dereliction or negligence is noticed, the competent authorities must be subjected to departmental disciplinary proceedings under the service rules.

"The idea is not only for elimination of corporal punishment in schools, any indirect form of harassing the children or circumstances affecting the mental health of the children, are also to be taken note of and suitable remedial measures are to be provided by the Competent Educational Authorities," the bench of Justice SM Subramaniam emphasised. 

The order was passed in a writ petition filed by one Kamatchi Shanker Arumugam who appeared before the court in person. He sought direction to the Principal Secretary to Government, School Education Department to implement GECP.  He further sought nominal compensation regarding the incident with his daughter in her school.

The high court pointed out that corporal punishments of any form are completely unacceptable and prohibited under Section 17(1) of the Right of Children to Free and Compulsory Education Act, 2009.

"Corporal punishment is never the solution to guide the child. The children have to be inspired by the respectful and dignified conduct of the adults," court said.

It added that controlling the child with unjustifiable measures will serve no purpose and do more harm than good. "Patience is the key quality required for handling children," the court opined.

Court stressed that for the welfare of the children, their well being, mental health and environment in schools are to be closely monitored.

"The next era of child rights must move forward with a better and more equipped and pragmatic approach where the children are better heard and treated with more respect. We need to be more receptive to the needs of the children. We have to start listening to them," asserted the single judge bench. 

Court opined that the petitioner made out a prima facie case for issuing interim directions in the present writ petition.

Therefore, along with the abovementioned directions, court directed the Principal Secretary to Government, School Education Department to direct all the district educational authorities to constitute 'monitoring committees' in each school, headed by the head of the institution, parents, teachers, senior students.

These committees shall ensure that the guidelines are implemented scrupulously and any untoward incidents or any different behaviour of the staff members and the children, are brought to the notice of the Authorities, for initiation of remedial measures, court ordered. 

The matter will be next taken up for 'reporting compliance' on June 14, 2024.

Case Title: Kamatchi Shanker Arumugam v. State of Tamil Nadu and Others