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LATEST NEWS UPDATES | Call for law to jail teachers who cane-Ananya Sengupta

Call for law to jail teachers who cane-Ananya Sengupta

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published Published on Jun 25, 2012   modified Modified on Jun 25, 2012
-The Telegraph

Teachers who don’t believe in sparing the rod, beware.

If an amendment to an existing act on juvenile justice is passed, corporal punishment will for the first time become a standalone provision in the law under which teachers found guilty could be jailed for up to seven years, depending on the nature of injury.

As of now there is no definition of corporal punishment except for a provision under the Right to Education Act, 2009. Under this provision teachers can be jailed for up to a year or fined Rs 50,000, or both, if they are found guilty of physically assaulting a child.

This means if the amendment proposed by a government committee is passed, teachers found guilty could be punished with much stiffer jail terms.

The move to review the Juvenile Justice (Care and Protection) Act comes months after a government child rights body issued strict guidelines against corporal punishment.

The National Commission for Protection of Child Rights had also broadened the term to include mental harassment and discrimination.

The NCPCR said offending teachers could be tried under different sections of the Indian Penal Code such as 305 (abetment of suicide), 323 (voluntarily causing hurt), 326 (voluntarily causing hurt by dangerous weapons) and 352 (assault or use of criminal force).

But these were guidelines. If the suggestions by the committee under the women and child development ministry are incorporated, they will have legal force.

According to the proposals, beating, insulting or shouting at a child could invite jail terms for teachers. The sentence could be a year in cases of simple injury and emotional distress.

For subsequent offences, the jail term could go up to three years. A second conviction would mean dismissal from service.

The amendments have also proposed that if a child is gravely hurt or traumatised because of corporal punishment, the offender could be jailed for five years. A repeat offence could land a teacher in prison for seven years.

However, it’s not just teachers who need to be careful. The committee has also decided to incorporate a standalone provision for ragging inside and outside an institution.

Cases of ragging are now dealt under as many as 13 sections of the IPC, which deal with punishments for wrongful restraint, causing grievous hurt, obscene acts and songs, criminal intimidation and, in case of death, sections relating to culpable homicide and murder.

If this version of the proposed bill is passed, ragging could invite a jail term of two years with a fine of Rs 10,000, or both.

Staff members found guilty of ragging could be barred from working with children.

According to the human resource development ministry, there were 161 complaints of ragging from across the country in 2011.

The last time the Juvenile Justice Act, which came into being in 1986, was amended was in 2000. The amendments were aimed at keeping the act in sync with the UN Charter on Child Rights.

Last month, in another legal move concerning children, Parliament passed a bill raising to 18 the age of consent for sex.

The Telegraph, 25 June, 2012, http://www.telegraphindia.com/1120625/jsp/nation/story_15654022.jsp#.T-gGQReO25w


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