The idea of discipline has changed and evolved overtimes. With poor mental health maintenance, some people are going beyond their line to discipline their children. It is well applicable to the teachers. We have had incidents about a student’s lips being sealed by tape as a punishment and an 8-year-old being punished with 120 sit-ups. While our parents found harsh punishments to be your way to discipline themselves, some are just unacceptable. Many children are subjected to corporal punishment, and here is all about the child discipline laws everybody should know.
Childhood And Innocence
People justify their actions for such punishments, and the justification is mostly that the punishment is to discipline them, and it is in their best interest to do so. The objectives are to reform a child and to stop the recurrence of bad behavior. Still, according to the Juvenile justice act of 2015 India, the child’s best interest and any decisions taken regarding the same should make sure that his basic rights and needs have been fulfilled. When it comes to corporal punishments, none of these will be fulfilled.
Either way, children are innocent and cannot be subjected to any punishment considering innocence. The presumption of Innocence has also been incorporated in principle, and her child how is under 18, is presumed innocent and is incapable of any criminal intent. There are also exceptions from criminal liability if a child has been involved in a criminal act considering the immaturity of age and understanding capacity. This concept comes under Doli incapax, which in Latin means incapable of Evil.
UN Convention – Rights Of The Child
According to the UN convention article 19, any form of discipline that involves violence is considered unacceptable. It clearly states that children should be protected from mistreatment both physically and mentally. It is the government’s responsibility to make sure the children have been properly cared for, and they are being protected from violence and abuse from anyone, including their parents and Guardians.
Bar On Corporal Punishment
There is an absolute bar on corporal punishment, and it prohibits physical punishment and mental harassment to a child and prescribing it as a disciplinary action. In such cases, action will be taken against the guilty person according to the rules applicable. Suppose a child has been assaulted or abused that it has caused mental or physical suffering, especially when he is under the care and protection of an employee or a person managing an organization that has been entrusted with the care and protection of the child. In that case, imprisonment will be levied along with a monetary fine of 5 lacs.
Corporal punishment in any form remains unacceptable and it is definitely considered cruelty and is subject to legal consequences. Cruelty against children cannot be tolerated at any cost, and if anyone has harm the child that hinders him or develops an illness, then the person found guilty would be imprisoned for at least ten years. Various countries have various laws, but no country has taken corporal punishment and child abuse less seriously.