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Corporal Punishment

Corporal punishment is still practiced in some Pakistani schools and has serious negative consequences for children. It can cause physical and psychological harm, and is a contributing factor to Pakistan's high dropout rates. While some provinces have banned corporal punishment, laws vary and it is still allowed under certain circumstances in some areas. Pakistan has committed to banning all corporal punishment as a signatory of the UN Convention on the Rights of the Child. However, stronger legislation and education efforts are still needed nationwide to eliminate this practice and protect children's rights.

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Bilal Malik
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67 views3 pages

Corporal Punishment

Corporal punishment is still practiced in some Pakistani schools and has serious negative consequences for children. It can cause physical and psychological harm, and is a contributing factor to Pakistan's high dropout rates. While some provinces have banned corporal punishment, laws vary and it is still allowed under certain circumstances in some areas. Pakistan has committed to banning all corporal punishment as a signatory of the UN Convention on the Rights of the Child. However, stronger legislation and education efforts are still needed nationwide to eliminate this practice and protect children's rights.

Uploaded by

Bilal Malik
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© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Corporal punishment

Despite constitutional provisions which safeguard the rights of children under


Article 25-A and Article 25(3). Corporal punishment is a complex
phenomenon which can become a major source of tension between pupils and
teachers. It can lead to extreme stress, emotional trauma, physical injuries
and, in some cases, suicide. The ramifications of such forms of violence were
made evident earlier this year when a 10-year-old student named Zaineb
succumbed to the head injuries she received at the hands of her school teacher
in Muridke.
Corporal punishment is also a contributing factor for the high dropout rates in
Pakistan’s schools. The country has the world’s second-highest number of out-
of-school children, with an estimated 22.8 million children aged 5-16 not
attending school. Imran, a 12-year-old student at a boarding school in
Sargodha, was caned every day for seven to eight months by his teachers,
allegedly because of his poor academic performance. This physical abuse,
coupled with the difficulties he faced following his parents’ separation,
prompted Imran to run away from school and begin working at a grocery
store. Hence, a tale of corporal punishment was replaced by one of child
labour.

VARYING LAWS

In Pakistan, corporal punishment is still practised in some schools, alternative


care settings, daycare centres and some penal institutions. Since Section 89 of
the PPC allows for the use of corporal punishment, it encourages parents,
guardians and teachers to physically chastise children. Although the
Islamabad High Court (IHC) has suspended Section 89 of the PPC, other
regions need to follow suit. These provisions need to be homogenised across
all four provinces if Pakistan truly wishes to adopt a cohesive framework
aimed at eradicating such forms of punishment.

Problems and confusions arise when these provisions vary from region to
region. For instance, Article 33 of the Khyber Pakhtunkhwa Child Protection
and Welfare Act 2010 states that, “Corporal punishment stands abolished in
all its kinds and manifestations and its practise in any form is prohibited as
provided under section 89 of the Pakistan Penal Code, 1860.”

On the other hand, Article 35 of the Punjab Destitute and Neglected Children
Act 2004 states, “Provided that where some punishment is administered to a
child by the person having lawful control or custody of the child, for any good
or sufficient reason, it shall not be deemed to be an offence under this
section.”

The Islamabad Capital Territory (ICT) and Sindh promulgated the Capital
Territory Prohibition of Corporal Punishment Act, 2021 and the Sindh
Prohibition of Corporal Punishment Act in 2016 to prohibit corporal
punishment in all settings, including educational institutions, child care
institutions, rehabilitation centres and the juvenile justice system. A
notification was also issued by the Punjab government in 2018 which, besides
banning corporal punishment in schools, defines the term as any punishment
in which physical force is used to cause some degree of pain and discomfort,
however light.

RIGHTS OF THE CHILD

Pakistan has been a party to the United Nations Convention on the Rights of
the Child (UNCRC) since 1990. Article 19 of the Convention on the Rights of
the Child urges member states to take “all appropriate legislative,
administrative, social and educational measures to protect the child from all
forms of physical or mental violence, injury or abuse, neglect or negligent
treatment, maltreatment or exploitation, including sexual abuse, while in the
care of parent(s), legal guardian(s) or any other person who has the care of the
child.”

While acknowledging the steps Pakistan has taken to tackle this menace, the
Committee on the Rights of the Child (CRC) urged the government to ban all
forms of corporal punishment in its 2016 report. Pakistan has also received
recommendations from various human rights bodies about this issue, with the
Committee Against Torture urging in its 2017 report, “The State party should
take the necessary legislative measures to eradicate and explicitly prohibit all
forms of corporal punishment in all settings, as they amount to torture and
cruel, inhuman or degrading treatment or punishment, in violation of the
Convention.”

The social acceptability of corporal punishment in Pakistan means that the


country requires strong legislation in order to ensure a safe and enabling
environment for children. The Punjab government needs to introduce the
Prohibition of Corporal Punishment Bill alongside honouring the
international and national legal framework and commitments regarding child
rights.
Syed Ishtiaq Gilani, chairperson of the National Action Coordination Group
(NACG) — an apex body of the South Asian Association for Regional
Cooperation (SAARC) — stresses that provincial legislation to safeguard
children against corporal punishment should be implemented across all
provinces. It is also imperative that adults are educated about the lasting and
harmful implications of corporal punishment by conducting workshops on the
subject. They have to learn that it is more effective to have an open
conversation with children if they misbehave, as opposed to resorting to
physical violence.

However, no mandate of child protection can be ensured without the active


involvement of intensively trained teachers, and this is vital if Pakistan wishes
to reduce instances of corporal punishment. Unfortunately, despite
widespread media coverage of several incidents of corporal punishment in
schools, the Punjab government has failed to provide relief to complainants
due to the absence of effective legislation, implementation and regulation.

Such neglect will not only harm Pakistan’s children but will also irreparably
damage the future of the nation as a whole.

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