Human Rights analysis
Corporal punishment banned in schools
Educators who use physical or humiliating measures to punish children will now be facing disciplinary action. The ban on corporal punishment was initiated by the Bangladesh Legal Aid and Service Trust (BLAST) and Ain o Salish Kendra (ASK), who filed a writ petition with the High Court after becoming gravely concerned regarding incidents of corporal punishment in Bangladesh. The alleged incidents are believed to result in children dropping out of school, becoming seriously injured (often requiring hospitalization), and even committing suicide. On August 9, the Ministry of Education, in compliance with an order from the High Court, sent a circular to those charged with the education of children instructing them to take the necessary measures to ensure that children are taught in a safe environment, free from cruel and inhumane treatment from a teacher or school administrator.
Sadia H. Khan
Recently the government has banned corporal punishment in all educational institutions across the country including madrassas. The Education Ministry banned corporal punishment by describing it as inhuman and merciless punishment. This directive came in persuasion of a High Court order. Last July, the High Court Division has ordered the government to take adequate measures to stop corporal punishment subsequent to allegations that a 10-year-old boy had committed suicide after he had been beaten by his school teacher. Undoubtedly, this order marks a new era in human rights situation in Bangladesh but it is sad that it took a young life to get such path breaking decision.
Whether we admit or not beatings are widespread in our schools. Many of us grew up hearing that beating is the most effective mode of reprehending children. Well informed adults might know the mental damages that a child suffers due to beating. However, it being the usual norm for disciplining children, many of us refuse to pay attention to the downside of beating. Not only us but many nations in the world are divided in question of beating as a disciplinary mode.
However, it is up to sociologist and behavioural scientist to come up with the conclusion whether beating is the most effective method of disciplining children. But from law student's view it is submitted that difference between moral and legal wrongs are often too blurred. If law speaks of humanity, violation of legal right should also touch the morality of people. But true, everything that is morally wrong may not be the violation of law and vice versa.
Human rights are rights that are inherent of being born as a human. These are not choices that you make for others, we born with these rights. As humans we have the right to be treated with dignity. Even a criminal punishment needs to be proportionate to the wrong doing. Nations that are known for enforcing human rights strictly prohibits beating in all walks of life even for inmates. How can then it becomes legal to beat a child for not listening. After considering the pros and cons of corporal punishment at schools many even made spanking which is a milder form of beating as misdemeanour.
Before discussing different approaches that has been taken by developed nations as to corporal punishment, we have to know what corporal punishment is.
Defining corporal punishment
According to Black's Law Dictionary corporal punishment includes any kind of punishment inflicted on the body, such as whipping or slapping, but not the execution of the death penalty itself. In other words corporal punishment is the deliberate infliction of pain intended as correction or punishment. Corporal punishment can inflicted in 3 different settings-
* Parental or domestic corporal punishment: within the family
* School corporal punishment: where students are punished by teachers or school administrators;
* Judicial corporal punishment: as part of a criminal sentence ordered by a court of law.
The High Court Division of Bangladesh has ordered in respect to corporal punishment in schools only. The decision does not extend to parental or judicial corporal punishments. Now let's see how other developed countries have dealt with this issue.
Corporeal punishment in other countries
The Bill of Rights of the US Constitution 8th amendment explicitly prohibits infliction of “cruel and unusual” punishment. In 1977, Ingraham v. Wright, case the US Supreme Court decided that 8th amendment only applies to criminal cases but not to school setting. It was a 5 to 4 decision and Justice Brennan strongly opposed the majority decision in his dissent. However, 30 states ban corporal punishment in public schools, and two states, New Jersey and Iowa, additionally prohibit it in private schools. The remaining 20 states go by the law namely, Restatement (Second) of Torts 1965. It allows corporal punishment at school where such punishment is “reasonably believed necessary for the child's proper control, training, or education.” In those states if corporal punishment is excessive or unreasonable to the extent of misbehaving, the educator is subject to possible civil and criminal liability.
In Canada, corporal punishment has been banned in public and private schools since 2004. The first province to ban school corporal punishment was British Columbia, in 1973. In the UK, corporal punishment was outlawed in state schools in 1987 and in all private schools by 2003. Corporal punishment has been outlawed in almost all of Europe except the Czech Republic and France. In Queensland, Australia, school corporal punishment of girls was banned in 1934, but for boys in private schools it is still legal as of 2010. New Zealand has outlawed corporal punishment. In Africa only South Africa has outlawed corporal punishment in schools and in Asia it is Japan that had banned corporal punishment at school setting.
Conclusion
It is quite evident that the developed counties are more conscious about strictly enforcing human rights issues. We might not be yet at the same standing as some other countries which have outlawed corporal punishment in schools. But it only takes a spark to start the fire. If we start from now sure we will be able to achieve our desired goal of ensuring equal rights for all.
The writer is studying LLM at University of Missouri-Kansas City (UMKC), USA.
