ABOLITION OF CORPORAL PUNISHMENT IN EDUCATION INSTITUTIONS BILL, 2010

A
BILL
To provide for abolition of corporal punishment in education institutions by providing protective measures against offences
against the child and to provide legal remedies for the same and to set forth good practices, relevant norms and principles
for administrating justice to a child and to ensure stringent penalties to any person who violates the provisions of this bill,
thus creating a deterrence and to ensure that justice machinery functions with a view to avoiding delays, keeping the best
interest of the child, as the focal point at all stages.

BE it enacted by the Parliament in the Sixty-first Year of the Republic of India as follows:Sec 1. Short title, extent and commencement
(1) This Bill may be called Abolition of Corporal Punishment in Education Institutions Act, 2010

(2) It extends to the whole of India, including the state of Jammu and Kashmir
(3) It shall come into force with immediate effect
Sec 2. Definitions
In this Bill, unless the context otherwise requires:(1) Child shall mean any person who has not completed the eighteen years of age.
(2) Education Institutions shall mean any institute that provides education to children, schools (govt. or private),
private tuition centers, crches, private education institutions, govt. funded, aided or affiliated education
institutions.
(4) Offence shall mean any infliction of physical injury or a visible intent of inflicting physical injury and shall
denote an act made punishable by this bill or any other law for the time being in force.
(3) Justice Machinery shall mean any body already in place or will be setup for complaints relating to offences
against the child are referred to.
Sec 3. Abolition of Corporal Punishment and Punishment for Corporal Punishment
(1) For carrying out the purpose of this Act, it shall be the duty of the appropriate authority of the education
institutions as defined under this bill to employ proper mechanisms and oversee that no such incident takes place
in their institute. Failing to do so, the institute itself will be responsible for any such act incurred by the individual
who is working with institute and shall be punished for the offence of Corporal Punishment on the child.
(2) For carrying out the purpose of this Act, shall be the duty of the appropriate authority of the education
institutions as defined under this bill to review teaching practices in the school and a revision of service rules for
teachers in light of the spirit of child-centered education embodied in the RTE.

(3) All schools shall facilitate a Personal Safety Education to empower a child and make them aware of their
rights and what can be done, if their rights are violated
(4) Every school shall at periodic intervals and at Parent Teacher Association, facilitate discussion with parents
and teachers on empowering children and undertaking measures to protect their rights.
(5) Whoever commits the offence of Corporal Punishment shall be liable on the first offence, for imprisonment
which can extend to one year or fine of Rs. 5,000 or both and shall also be liable for every subsequent offence for
imprisonment which can extend to three years and a fine which may extend to Rs. 25,000 or both.
Provided that, if the subsequent conviction takes place in any education institute, by any staff of such institute, the
person inflicting such punishment shall also be liable to dismissal from such service.
(6) If any subsequent offence of corporal punishment is reported within the same institute then the institute will
be liable for de-recognition and head of the institute will be liable for removal from the post as it is the collective
responsibility of the institute to oversee that no such acts takes place.
(7) The state govt. shall put in place systems and structures in all schools so that matters related to discipline and
punishment are dealt with in a continuous and comprehensive fashion by all concerned students, teachers, school
management and parents and do not result in tragic outcomes. For this, a child right cell in schools is mandated.

Sec 4. National Commission for Protection of Child Rights (NCPCR) set up under the commission for Protection of child
Rights Act, 2005, shall be the nodal agency to ensure that all laws, policies, administrative mechanism are in consonance
with this bill and with the child rights perspective as enshrined in the Constitution of India.

STATEMENT OF OBJECTS AND REASONS

The discipline is not taught, it is learnt. The text books give information. The communication through teaching is
imparting education. To attain wisdom, an abundant amount of common sense has to be added to education, which
then includes discipline. Discipline is an attitude, character, responsibility or commitment. The discipline is
basically internal, while the attempt to impose it would be an external process. One has to internalize the process
of education and discipline. Discipline and education go together in letter and spirit .
India being a signatory to the UN Convention on Rights of Child is under an obligation to remove cruelty towards
children by prohibiting the canes from schools. It is an important element of a child's protection rights as
envisaged by the Convention to lay down national policy and legislation on use of corporal punishment in schools.
There should neither physical nor mental punishment in humiliating methods. The stress and strain imposed on
child with terrorized atmosphere prevalent in the schools because of corporal punishments, cut throat competitions
and increasing pressure for ranks lead them to leave the schools. Suicides are another major possible consequence
of such terrible incidents in the schools. The plight of junior college students, who are cornered to commit suicides
due to meaningless competition and ambitious craze for professional courses is already rocking the morale of the
students and parents and affecting the commercial profits of the coaching colleges which are functioning as
Tuition Mills. School children should not be driven to such an unfortunate situation. We shall not wait for some
school students also to commit suicides for us to act upon. Let us all save their childhood. 'Spare the rod and save
the childhood' should be the new slogan.