A PROJECT PROJECT REPORT ON “CORPORAL PUNISHMENT IN IPC”
Submitted by,
Rishabh singh, Roll no-201290 Sec-B Sem-3rd
1
CERTIFICATE
I, Mr…RIS!B… "ith Reg#$o…201290… %& …IIIrd … Semester has 're'ared the 'ro(ect on… )*%R+%R! +$IS.M.$/ I$ I+*……………………… I+*……………………… In 'artial &ul&ilment o& hisher semester course in the sub(ect … )I+*……… during the academic year 2013-1 under my su'erision and guidance#
Signature o& &aculty
2
ACKNOWLEDEGEMENT
I, Rishabh "ould li4e to ta4e this o''ortunity to than4 5R# 6 uma rao 7*ontracts &aculty8 &or hel'ing and guiding me in com'leting my 'ro(ect#
I "ould also li4e to than4 our ice-*hancellor, +ro& #R#:#B# Bhagath ;umar and our Registrar, +ro&#+#Sudha4ar, &or giing me this o''ortunity to do a detailed study on the urban social 'roblems# astly I "ould li4e to than4 my &riends &or their e&&icient hel' and co-o'eration in hel'ing me com'lete my 'ro(ect "or4
3
TABLE OF INDEX HISTORY OF CORPORAL PUNISHMENT CORPORAL PUNISHEMENT CONSEQUENCES OF CORPORAL PUNISHMENT EFFECT OF CORPORAL PUNISHMENT INCREASED AGRESSION IN CHILDREN MENTAL MENTAL HARM AND AND INDIRECT PHYSICAL HARM DAMAGE TO THE PARENT CHILD RELATIONSHIP CONCLUSION
4
CORPORAL PUNISHMENT PUNISHMENT IN IPC PUNISHMENT < < 'unishment is the authoritatie im'osition o& something undesirable or un'leasant on a 'erson or grou' o& 'eo'le, such as &ine 'enalty or con&inement#it may similarly entail the remoal o& something desirable or 'leasant# /his is done in res'onse to a behaiour deemed unacce'table by an authority "ho has the inclination and 'o"er to en&orce a certain standards# /he authority may be a grou' or a single 'erson, and 'unishment may be carried out &ormally under a system o& la" or in&ormally in other 4inds o& social settings such as in &amily# $egatie conse=uences that are not authorised or that are administered "ithout a breach o& rules are not considered to be 'unishment as de&ined# /he study and 'ractice 'racti ce o& the 'unishment o& crimes 'articularly as it a''lies to im'risonment, is called 'enology or o&ten in modern te>ts, corrections in this conte>t, the 'unishment 'rocess is eu'hemistically called )corr )correct ectio iona nall 'roc 'roces esss resea research rch into into 'uni 'unish shme ment nt o&te o&ten n inclu include dess simil similar ar resea research rch into into 'reention#
HISTORY HISTORY OF CORPORAL CORPORAL PUNISHMENT PUNISHMENT *or'oral 'unishment hae stay "ith human &or long times# ?e don@t "hen it "as started# In my o'inion, eery 'eo'le had hae learn le arn ancient :ree4, Rome, and .gy't stories# ?e can see that many 'eo'le "ere used &or build the 'alace, to be slae, or solider# In ancient times doesn@t hae e=ui'ment li4e 'resent# ?e has technology to build house, do house "or4, or &ight# So, they use human to ma4e the thing that they "ant# In Medieal .uro'e, cor'oral 'unishment "as encouraged by attitude o& medieal church to"ard human body# /his had in&luence on school to use cor'oral 'unishment in school# In eleenth eleenth century Saint !nselm !nselm o& !rchbisho' !rchbisho' o& *anterbury *anterbury "as s'ea4ing s'ea4ing against the thing that he sa"# e thought that it cannot acce't 'eo'le "ho use cor'oral 'unishment to children# o"eer in still continued until nineteenth century in .uro'e and $orth !merica# Most 'eo'le thought about cor'oral 'unishment "as an serious 'roblem, because it had t"o signi& signi&ican icantt cases, cases, the death o& +riat +riatee Areder Arederic4 ic4 (ohn (ohn ?hite, ?hite, "ho died died a&ter a&ter a militar military y &logging in 1C and the death o& Reginald *ancellor, "ho "as 4illed by school master in 1C0# /hat made cor'oral 'unishment in Britain un'o'ular# So, many countries made the la" to 'rotect 'eo'le "ho get cor'oral 'unishment# In the 1D0s, courts in the nited "as cancel the rule that husband had the right to use cor'oral 'unishment his "i&e in order to 4ee' his "i&e did her o"n duty# So, cor'oral 'unishment 'unishment had been "ith human &or the long times# In the 'aragra'h 'aragra'h aboe, I already sho" 'art o& cor'oral 'unishment that is in common "ith us# Because it sho"ing that 'eo'le are al"ays using cor'oral 'unishment to 'eo'le in their o"n control li4e it is normal
5
to do it# !lso, 'eo'le are continuing doing because they can see 'eo'le in the 'ast "as doing the same thing# I same li4e "e are continue doing it because it is still success to doing it# .en though many 'eo'le are saying that using cor'oral 'unishment isn@t right thing to do# But "hen 'eo'le sa" other 'eo'le harm children because they are &ather and child# ?e are sto''ing to hel' that 4id# It has only &eel 'eo'le "ho try to hel' those 4ids# I& "e hel' 'eo'le "ho get cor'oral 'unishment "e "ould not hae Reginald *ancellor in our "orld# CORPORAL PUNISHEMENT
/he 'unishment "hich inoles bodily or 'hysical 'unishment "hich inoles the deliberate in&liction o& 'ain as retribution &or an o&&ence, or &or the 'ur'ose o& inducing disci'line or re&orming a "rongdoer, or to deter attitudes or behaiour deemed unacce'table# /he term usually re&ers to methodically stri4ing the o&&ender "ith the o'en hand or "ith an im'lement, "hether in (udicial domestic, or educational institutional# /here are 3 ty'es o& cor'oral 'unishment
DOMESTIC CORPORAL CORPORAL PUNISHMENT PUNISHMENT SCHOOL CORPORAL CORPORAL PUNISHMENT PUNISHMENT JUDICIAL CORPORAL CORPORAL PUNISHMENT PUNISHMENT
•
DOMESTIC CORPORAL CORPORAL PUNISHMENT PUNISHMENT < /he 'unishment "hich is gien to &amily members by the &amily members "ithin the &amily is 4no"n as domestic cor'or cor'oral al 'unish 'unishmen ment# t# It includ includes es domesti domesticc iolen iolence ce "hich "hich is general generally ly done done on the "omen by his husband or husband@s &amily member due to arious reas ons# But generally children children are 'unished 'unished by the 'arents 'arents or guardians guardians &or not 'er&orming 'er&orming a 'articular 'articular tas4 or &or 'er&orming mischieous tas4s# EXAMPLE < < I& a child "ho is doing a lot o& mischie& in the house or the child is not 'aying 'ro'er attention to his studies, then in order to disci'l disci'line ine his actii actiities ties or to realise realise him hisher hisher mista4e# mista4e# /he elders elders o& the &amily sometimes sometimes use 'hysical 'hysical torture "hich creates &ear in the mind o& the child that i& he "ill re'eat the tas4 again then he "ill be again sub(ected to the cor'oral 'unishment 'unishment and due to that that &ear the child child aoids aoids doing that 4ind 4ind o& things# things# Many 'eo'le 'eo'le gie cor'or cor'oral al 'unishment to the domestic hel'ers or serants in order to get more, better and e&&ectie out'ut &rom them# /he &ear o& cor'oral 'unishment is so high that many 'eo'le instead o& getting better became more iolent and &erocious#
•
SCHOOL CORPORAL CORPORAL PUNISHMENT PUNISHMENT -
School School cor'oral cor'oral 'unishment 'unishment
re&ers to an o&&icial 'unishment gien to students &or their mischie& or misbehaiour in the school# /hose students "ho are inoled in bun4ing, iolation o& school la"s, non 'er&ormance o& a 'articular tas4 etc# are being gien cor'oral 'unishment# /he
6
'unishment is usually administered either across the buttoc4s or on the hands# /he stude student ntss are sla'' sla''ed ed or as4e as4ed d to stan stand d outs outsid idee the the class class by raisi raising ng their their hand hand etc# etc# !docates o& school cor'oral 'unishment argue that it 'roides an immediate res'onse to indisci'line and that the student is =uic4ly bac4 in the classroom learning, rather than being sus'ended &rom school# %''onents beliee that other disci'linary methods are e=ually or more e&&ectie# Some regard it as tantamount to iolence or abuse# But in my o'inion cor'oral cor'oral 'unishment 'unishment sho"s a negatie negatie e&&ect on the students students because because each and eery students are o& di&&erent ty'es, some students sho"s a 'ositie result "hen sub(ected to cor'oral 'unishment, they start to gie the desired results due to &ear or on the realisation o& their mista4e "hereas some tends to detoriate at a &aster rate, they become more iolent and instead o& 'roducing 'ositie result, they start 'roducing negatie result or increase in their mischieous actiities . EXAMPLE - as most o& us hae seen the moie tare zameen par in in "hich the school child "as sub(ected to arious 4inds o& cor'oral 'unishment in the school and also at home "hich ultimately resulted in the &ast detoriation or degradation in his school actiities li4e studying etc, but "hen the child "as sub(ected to loe and a&&ection and "as treated in s'ecial manner by his teacher, he ultimately tends to sho" 'ositie results "hich resulted in his all oer deelo'ment# So this is a clear e>am'le that eery time cor'oral or 'hysical 'unishment is not an ultimate solution solution to each and eery 'roblem# 'roblem# /here must be a s'ecial "ay to treat each and eery child#
E JUDICIAL CORPORAL PUNISHMENT -
It re&ers to the in&liction
o& cor'oral 'unishment as a result o& a sentence by a (udicial authority or by a court o& la"# /he 'unishment can be &logging, caning, birching, "hi''ing, or stra''ing# /he 'ractice "as once common'lace in many countries, but it has no" been abolished in most ?estern countries, but remains an acce'table legal 'unishment in some !sian, !&rican and Middle .astern countries# It is illegal and 'unishable o&&ence under I+*, no authority has no" got the right to in&lict ca'ital 'unishment on any o& the 'risoner or on any accused accused o& crime# crime# /here /here are many many instan instances ces "here "here criminal criminalss are gien gien third third degree degree torc torcher her or been been in&li in&lict cted ed to ari ariou ouss meth method odss o& cor' cor'or oral al 'uni 'unish shme ment nt to ease ease their their inestigation, but that thing is illegal# a" does not 'ermit any (udicial o&&icer to gie cor'oral 'unishment on any accused#
CONSEQUENCES OF CORPORAL PUNISHMENT Many researchers su''ort the theory that cor'oral 'unishment is an ine&&ectie disci'line strategy "ith children o& all ages and, &urthermore, that it is o&ten dangerous# *or'oral 'unishment most o&ten 'roduces in its ictim@s anger, resentment, and lo" sel&-esteem# It It teaches iolence and reenge as solutions to 'roblems, and 'er'etuates itsel&, as children imitate "hat they see adults doing# Research substantiates the &ollo"ing conse=uences o& cor'oral 'unishmentF E *hildr *hildren en "hose "hose 'arents 'arents use use cor'oral cor'oral 'unish 'unishmen mentt to control control antisoc antisocial ial behai behaiour our sho" sho" more antisocial behaiour themseles oer a long 'eriod o& time, regardless o& race and
7
socio socioeco econo nomi micc statu status, s, and and regard regardles lesss o& "het "hethe herr the the moth mother er 'ro 'roid ides es cogn cognit iti iee stimulation and emotional su''ort E ! cons consis iste tent nt 'att 'atter ern n o& 'hy 'hysica sicall abus abusee e>is e>ists ts that that gene genera rall lly y star starts ts as cor' cor'or oral al 'unishment, and then gets out o& control# control# E
!dults !dults "ho "ho "ere "ere hit hit as children children are are more more li4ely li4ely to to be de'ressed de'ressed or or iolent iolent themseles themseles
E /he more more a child child is is hit, the more more li4ely li4ely it is that that the chil child, d, "hen "hen an adult adult,, "ill "ill hit his his or her children, s'ouse, or &riends E *or' *or'or oral al 'uni 'unish shme ment nt incr increas eases es the the 'rob 'robab abili ility ty o& chil childr dren en assau assaulti lting ng the the 'are 'arent nt in retaliation, es'ecially as they gro" older E *or'or *or'oral al 'unishm 'unishment ent sends sends a message message to the the child that that iolenc iolencee is a iable iable o'tion o'tion &or &or soling 'roblems E *or' *or'or oral al 'uni 'unish shme ment nt is degr degrad adin ing, g, cont contri ribu bute tess to &eel &eelin ings gs o& hel' hel'le less ssne ness ss and and humiliation, robs a child o& sel&-"orth and sel&-res'ect, and can lead to "ithdra"al or aggression E *or'or *or'oral al 'unish 'unishmen mentt erodes erodes trust trust bet"een bet"een a 'aren 'arentt and a child child,, and increa increases ses the ris4 ris4 o& child abuseG as a disci'line measure, it sim'ly does not decrease childrenHs childrenHs aggressie aggressie or delin=uent behaiours E *hil *hildr dren en "ho get get s'an4e s'an4ed d regular regularly ly are more more li4ely li4ely oer oer time time to cheat cheat or lie, lie, be disobedient at school, bully others, and sho" less remorse &or "rongdoing E *or'or *or'oral al 'unishme 'unishment nt adersely adersely a&&ect a&&ectss childre childrenHs nHs cognit cognitie ie deelo' deelo'men ment# t# *hildren *hildren "ho are s'an4ed 'er&orm 'oorly on school tas4s com'ared to other children E +are +arent ntal al cor' cor'o oral ral 'uni 'unish shm ment ent is asso associ ciat ated ed "ith "ith high igher le leels els o& imm immedia ediate te com'li com'lianc ancee and aggress aggression ion,, lo"er lo"er leels leels o& moral moral intern internali aliatio ation n and mental mental health, health, delin=uency and antisocial behaiour, =uality o& 'arent child relationshi', and li4elihood o& becoming a ictim o& 'hysical abuse#
EFFECT OF CORPORAL CORPORAL PUNISHMENT PUNISHMENT DIRECT PHYSICAL HARM
*or'oral 'unishment 4ills thousands o& children each year, in(ures many more and is the direct direct cause o& many childre children@ n@ss 'hysica 'hysicall im'airm im'airments ents## Researc Research h in countr countries ies in all
8
regions attests to the seerity o& the 'hysical iolence "hich children e>'erience in the name o& )disci'line# *or'oral 'unishment includes children being hit "ith hands and ob(ectsG being 4ic4ed, sha4en and &orced to maintain uncom&ortable 'ositionsG and a "ide range o& other 'ain&ul and degrading treatment# 1 Most iolence against children commonly re&erred to as )abuse is cor'oral 'unishment# Research has consistently &ound that the ma(ority o& incidents substantiated by authorities as 'hysical )abuse are cases o& 'hysical 'unishment# 2 /he intent intent to disci'line or 'unish has been sho"n to be a common 'recursor in many child homicide cases# !ll 'hysical 'unishment, ho"eer )mild and )light, carries an inbuilt ris4 o& escalationF its e&&ectieness in controlling children@s behaiour decreases oer time, encouraging the 'unisher to increase the intensity o& the 'unishment# /he ris4 o& escalation is increased by the &act that adults "ho in&lict 'hysical 'unishment are o&ten angryF their anger can increase the leel o& &orce used beyond "hat "as intended, and their intent may be retaliatory as "ell as 'unitie 3# !ll ten o& the studies studies on child 'rotection in a ma(or 2002 meta-analysis &ound that cor'oral 'unishment "as signi&icantly associated "ith 'hysical )abuseG later studies hae &ound similar associations# INCREASED AGRESSION AGRESSION IN CHILDREN
/here /here is abunda abundant nt eiden eidence ce that that cor'or cor'oral al 'unish 'unishmen mentt is associat associated ed "ith "ith increas increased ed aggression in children# !ll 2D studies on the to'ic included in the ma(or meta-analysis &ound an association, association, and this has been con&irmed by numerous numerous other studies# studies# *hildren "ho hae e>'erienced cor'oral 'unishment are more li4ely to be aggressie to"ards their 'eers, to a''roe o& the use o& iolence in 'eer relationshi's, relat ionshi's, to bully and to e>'erience iolenc iolencee &rom &rom their their 'eers 'eers,, to use use iol iolent ent method methodss to resol resolee con&l con&lict ict and to be be aggressie to"ards their 'arents# /he reasons may include that aggression is a re&le>ie res'onse to e>'eriencing 'ain, that children learn that iolence is an a''ro'riate method o& getting "hat you "ant and that children co'y their 'arents@ behaiour# *hildren describe &eeling aggressie a&ter being 'hysically 'unished#
1 Committee on the Rights of the Child (2006), General Comment No 8! "he right of the #hild to $rote#tion from #or$oral $%nishment and other #r%el or degrading forms of $%nishment (arts 1&' 28, $ara 2' and 37, inter alia) (CRCCGC8) 2 * "ro#m+, N (2013), h-si#al .%se and h-si#al %nishment in Canada, Child Canadian /elfare Resear#h ortal nformation heet 122 3 Caanagh, * o.ash, (2007), "he m%rder of #hildren .- fathers in the #ontet of #hild a.%se, Child .%se * Negle#t, 31! 731946 4 o..s, " (2005) nsights! #hildren * -o%ng $eo$le s$ea: o%t a.o%t famildis#i$line, ae the Children Ne;
POOR POOR MORA MORAL L BEHAVIOUR
INTE INTERN RNAL ALIS ISA ATION ION
AND
INCRE NCREAS ASE ED
ANTIS NTISOC OCIA IAL L
Aar &rom teaching children ho" to behae, cor'oral 'unishment in &act ma4es it less li4ely that they learn the lessons adults "ant them to learn# !lthough in the meta-analysis, three o& the &ie studies on the to'ic &ound that cor'oral 'unishment is associated "ith immedi immediate ate com'li com'lianc ance, e, 13 o& 1J studie studiess &ound &ound that cor'or cor'oral al 'unish 'unishmen mentt does does not contribute to the child@s long-term com'liance to the desired behaiour# *or'oral 'unishment has been &ound to be a &actor in behaiours such as bullying, lying, cheating, running a"ay, truancy, school behaiour 'roblems and inolement in crime as a child and young adult# In 12 o& the 13 studies included in the meta-analysis, cor'oral 'unishment "as &ound to be signi&icantly associated "ith an increase in delin=uent and antisocial behaiour G the lin4 "ith behaiour 'roblems has been con&irmed by numerous later studies inoling both young and older children# *or'or *or'oral al 'unishm 'unishment ent can reduce reduce em'athy em'athy and moral moral regulat regulation ion## It does not not teach children ho" to behae or hel' them understand ho" their behaiour a&&ects othersG rather than hel'ing children to deelo' the desire and motiation to behae "ell o& their o"n accord, it teaches them that it is desirable not to get caught# *or'oral 'unishment may also also decr decreas easee the li4e li4eli liho hood od o& long long-t -term erm com' com'lia lianc ncee by dama damagi ging ng adul adult-c t-chi hild ld relationshi's, introducing &ear and undermining the 'o"er&ul behaioural motiations o& children@s loe and res'ect &or their 'arents and other adults inoled in their care and education#J PERP PERPET ETRA RAT TION ION AND EXPE EXPERI RIEN ENCE CE OF VIOLE IOLENT NT,, ANTIS NTISOC OCIA IAL L AND CRIMINAL BEHAV B EHAVIOUR IOUR IN ADULTS
/he iolent behaiour o& children "ho hae e>'erienced cor'oral 'unishment 'ersists into adulthoodF cor'oral 'unishment in childhood is associated "ith aggressie, antisocial and criminal behaiour in adulthood# *or'oral 'unishment is closely related to intimate 'artner iolence, and o&ten coe>ists "ith "ith it# .>'erie .>'erience nce o& cor'or cor'oral al 'unishme 'unishment nt as a child child "as associat associated ed "ith iolence iolence to"ards a 'artner or child as an adult in all &ie studies on the to'ic included in the metaanalys analysis# is# /he /he associat association ionss "ith "ith both both 'er'et 'er'etrati ration on and a''ro a''roal al o& intimat intimatee 'artne 'artner r iolenc iolencee hae hae been been con&irm con&irmed ed in other other studies# studies# !ssoc !ssociati iations ons hae also been &ound bet"een girls@ e>'erience o& cor'oral 'unishment and their subse=uent e>'erience o& 'artner iolence as adult "omen and bet"een boys@ e>'erience o& cor'oral 'unishment and their subse=uent ine=uitable gender attitudes as adult men# C
5 "a-lor, C et al (2012), =se of $an:ing for 3>?ear>@ld Children and sso#iated ntimate artner ggression or Aiolen#e, ediatri#s 126(3), 415>424 10
*or' *or'or oral al 'uni 'unishm shmen entt 'er' 'er'et etua uate tess itsel itsel&# &# !dult dultss "ho "ho hae hae e>'e e>'erie rienc nced ed cor' cor'or oral al 'unishment are more li4ely to in&lict it on their o"n children and children "ho e>'erience it are more li4ely to a''roe o& its use#
MENTAL HARM AND INDIRECT PHYSICAL HARM Coror!" #$%&'()$* %& )(o*%o$!""+ !& )"" !& '+&%-!""+ !%$.#" !$/ %*& "%$0& *o oor ()$*!" ')!"*' %$ -'%"/'oo/ !r) -")!r # In a ma(or meta-analysis, all 12 studies &ound that cor'oral 'unishment is signi&icantly associated "ith a decrease in children@s mental health, including including "ith behaiour behaiour disorders, an>iety disorders, de'ression de'ression and ho'elessness# ho'elessness# ater studies studies hae &ound associations associations "ith suicide suicide attem'ts, alcohol alcohol and drug de'endency, lo" lo" sel&-esteem, sel&-estee m, hostility and emotional instability# instabilit y#D T') !&&o-%!*%o$& 'o"/ *r#) %$ !/#"*'oo/1 !ll eight studies on mental health in adulthood in the meta-analysis &ound an association bet"een cor'oral 'unishment and 'oor mental health, including lo" sel&-esteem, de'ress de'ression ion,, alcoho alcoholis lism, m, sel&-ha sel&-harm rm and suicid suicidal al tenden tendencies cies## Signi& Signi&ican icantt later later studie studiess include include a nation nationally ally re'rese re'resenta ntatie tie S study study "hich "hich &ound &ound associa associatio tions ns "ith "ith ma(or ma(or de'ression, mania, an>iety disorders, alcohol and drug abuse and 'ersonality disorders# T')&) $)2!*%3) )..)-*& (!+ !"&o %(!-* o$ '+&%-!" ')!"*' # !ssociations hae been &ound bet"een cor'oral 'unishment and children &eeling that their health "as 'oor, e>'eriencing 'hysical illnesses such as asthma, su&&ering in(uries and accidents, being hos'italised and deelo'ing habits "hich 'ut their health at ris4, such as smo4ing, &ighting "ith others and alcohol consum'tion# /he e&&ect may continue continue into adulthoodF adulthoodF one study &ound associations associations "ith deelo'ing deelo'ing cancer, cancer, asthma or cardiac disease as an adult DAMAGE TO THE PARENT CHILD RELATIONSHIP
*or'oral 'unishment in&licted on a child by her or his 'arents can seerely damage the 'arent-child relationshi'# In the meta-analysis, all 13 studies on the to'ic &ound an association bet"een cor'oral 'unishment and a decrease in the =uality o& the 'arent-child relationshi'# %ne o& the studies &ound that t"o year olds "ho "ere 'hysically 'unished by their mothers "ere more li4ely to distance themseles &rom their mothers than t"o year
6 mith, BR, * roo:s>G%nn, B (1&&7) Correlates and #onseD%en#es of harsh dis#i$line for -o%ng #hildren, r#hies of ediatri#s * doles#ent Eedi#ine, 151(8)!777>786 7 Ferg%sson, E and -ns:e-, -ns:e-, E" E" (1&&7) h-si#al $%nishmentmaltreatment $%nishmentmalt reatment d%ring #hildhood and adH%stment in -o%ng ad%lthood, Child .%se and Negle#t 21! 617>30 8 II, " @ et al (2012), h-si#al %nishment and Eental isorders! Res%lts From a Nationall- Re$resentatie = am$le, ediatri#s, 2 B%l- 2012 11
olds olds "ho "ho "ere "ere not not 'hy 'hysicall sically y 'uni 'unish shed ed## ate aterr stud studies ies hae hae &oun &ound d that that cor' cor'or oral al 'unishment is associated "ith 'oor attachment by babies to their mothers and "ith 'oor &amily relationshi' relationshi'ss in adolescence adolescence and young young adulthood# adulthood# *or'oral *or'oral 'unishment 'unishment can teach children to &ear and aoid their 'arentsF children re'ort &eeling hurt, angry and &rightened o& their 'arents a&ter being 'hysically 'unished#
SECTION OF IPC DEALIN !ITH PUNISHEMENT PUNISHEMENT IF SOMEONE USES CORPORAL PUNISHMENT OR PHYSICAL PUNISHMENT SECTION 455 < *!+!B. %MI*I5. ?hoeer causes death by doing an act "ith the intention o& causing death, or "ith the intention o& causing such bodily in(ury as is li4ely to cause death, or "ith the 4no"ledge that he is li4ely by such act to cause death, commits the o&&ence o& cul'able homicide#
*+!B. %MI*I5. $%/ !M%$/I$: !M%$/I$: SECTION 678A < +$ISM.$/ A%R *+!B. /% MR5.R < ?hoeer causes the death o& any 'erson by doing any rash or negligent act not amounting to cul'able homicide, shall be 'unished "ith im'risonment o& either descri'tion &or a term "hich may e>tend to t"o years, or "ith &ine, or "ith both
SECTION 695 < R/ ?hoeer causes bodily 'ain, disease or in&irmity to any 'erson is said to cause hurt# SECTION 647 < :RI.%S R/ /he &ollo" &ollo"ing ing 4inds 4inds o& hurt hurt only only are design designated ated as Kgrie Kgrieous ousK-K-- Airst-Airst--.ma .mascul sculatio ation n Secondly--+ermanent 'riation o& the sight o& either eye# /hirdly--+ermanent 'riation o& the hearing hearing o& either either ear# Aourthl Aourthly-y--+ri +riati ation on o& any member member or (oint# (oint# Ai&thl Ai&thly-y-5estruction 5estruction or 'ermanent 'ermanent im'airing im'airing o& the 'o"ers o& any member or (oint# (oint# Si>thly-Si>thly-+ermanent dis&iguration o& the head head or &ace Seenthly--Aracture or dislocation o& a bone or tooth .ighthly--! .ighthly--!ny ny hurt "hich endange endangers rs li&e or "hich causes the su&&erer su&&erer to be during the s'ace o& t"enty days in seere bodily 'ain, or unable to &ollo" his ordinary 'ursuits#
SECTION 649 < %$/!RL *!SI$: R/ ?hoeer does any act "ith the intention o& thereby causing hurt to any 'erson, or "ith the 4no"ledge that he is li4ely thereby to cause hurt to any 'erson, and does thereby cause hurt to any 'erson, is said Koluntarily to cause hurtK# SECTION 644 < %$/!RL *!SI$: :RI.%S R/ ?hoeer oluntarily causes hurt, i& the hurt "hich he intends to cause or 4no"s himsel& to be li4ely to cause is grieous grieous hurt, and i& the hurt "hich he causes is grieous hurt, is said Koluntarily to cause grieous hurtK#
12
SECTION 646 < +$ISM.$/ A%R %$/!RL *!SI$: R/ ?hoeer, e>ce't in the case 'roided &or by section 33, oluntarily causes hurt, shall be 'unished "ith im'risonment o& either descri'tion &or a term "hich may e>tend to one year, or "ith &ine "hich may e>tend to one thousand ru'ees, or "ith both# SECTION 648 < %$/!RL *!SI$: R/ BL 5!$:.R%S ?.!+%$S %R M.!$S- ?hoeer, e>ce't in the case 'roided &or by section 33, oluntarily causes hurt by means o& any instrument &or shooting, stabbing or cutting, or any instrument "hich, used as a "ea'on o& o&&ence, is li4ely to cause death, or by means o& &ire or any heated substance, or by means o& any 'oison or any corrosie substance, or by means o& any e>'losie substance, or by means o& any substance "hich it is deleterious to the human body to inhale, to s"allo", or to receie into the blood, or by means o& any animal, animal, shall be 'unished "ith im'risonment im'risonment o& either descri'tion descri'tion &or a term "hich may e>tend to three years, or "ith &ine, or "ith both# SECION 64: < +$ISM.$/ A%R %$/!RL *!SI$: :RI.%S R/ ?hoeer, e>ce't in the case 'roided &or by section 33J, oluntarily causes grieous hurt, shall be 'unished "ith im'risonment o& either descri'tion &or a term "hich may e>tend to seen years, and shall also be liable to &ine# SECTION 6:9 < !SS!/?hoeer ma4es any gesture, or any 're'aration intending or 4no"ing it to be li4ely that such gesture or 're'aration "ill cause any 'erson 'resent to a''rehend that he "ho ma4es that gesture or 're'aration is about to use criminal &orce to that 'erson, is said to commit an assault#
/his are the section under "hich any 'erson "ho beats another 'erson or in&licts cor'oral 'unishment to himher "ithout any la"&ul (usti&ication or "ithout any 'ro'er reason or de&ence to do so can be 'unished under the aboe mentioned section and can be 'unished by the court o& la"# %ur Indian constitution has made cor'oral 'unishment as a crime and it is 'unishable under the Indian 'enal code# 9
CONCLUSION /he eidence that cor'oral 'unishment is harm&ul to children, adults and societies is oer"helming < more than 1J0 studies sho" associations bet"een cor'oral 'unishment and a "ide range o& negatie outcomes, "hile no studies hae &ound eidence o& any bene&its# *or'oral 'unishment causes direct 'hysical harm to children and im'acts negatiely in the short- and long-term on their mental and 'hysical health, education and
& ndian $enal #ode, .are a#t, %niersal $%.li#ation 13
cognit cognitie ie deelo deelo'me 'ment# nt# Aar &rom teachin teaching g childr children en ho" to behae behae,, it im'airs im'airs moral moral interna internalisa lisatio tion, n, increas increases es antiso antisocial cial behai behaiour our and damage damagess &amily &amily relatio relationsh nshi's i's## It increases aggression in children, is lin4ed to intimate 'artner iolence and ine=uitable gender attitudes and increases the li4elihood o& 'er'etrating and e>'eriencing iolence as an adult# Res'ect &or children@s rights to 'rotection, health, deelo'ment and education re=uires that all cor'oral 'unishment o& children be 'rohibited in la" and eliminated in 'ractice# ?e should be concerned about children ta4ing a"ay &rom their e>'erience o& cor'oral 'unishment the message that 'hysical iolence is an acce'table res'onse to disagr disagreeme eement nt and con&lic con&lict# t# /o combat combat the 'roblem 'roblem o& "ides' "ides'read read recour recourse se to nonnonconsensual 'hysical iolence in South !&rica, "e need as &ar as 'ossible to discourage such iolence, and to abolish 'ractices children may construe as an endorsement o& it, such as cor'oral 'unishment# ence in my o'inion cor'oral 'unishment should not be made a medium to change a 'erson or to 'unish a 'erson# /here are also many man y other "ays and alternaties "hich "e can try to change 'erson mentality and ideology to"ards a 'articular thing# Sometimes it is necessary but it should not be 'racticed each and eery time# In earlier times 'arents or teachers use to beat children &or their mista4es "hich gies them a 'ositie result but as the time is changing so "e need to change our thin4ing and mentality too#
"I"LIORAPHY "I"LIORAPHY G!#r, K1D1, I$/%!$ )$!" -o/), : *' )/%*%o$,477;, #$%3)r&!" #<"%-!*%o$, N) D)"'% P1S1A= S1A=& %""!% %""!%1,1,-r%( r%(%$! %$!"" "!, "!, 97 *' )/ )/%* %*%o %o$, $, ")>% ")>%&& $) $)>% >%&& <# <#**) **)r ror or*'& *'& !/'!, N!2#r B1M G!$/'%, %$/%!$ )$!" -o/), 6 r/ )/%*%o$, 4797, )!&*)r$ %& ")>%& $)>%&, $)>%&, <#* <#**)r *)ror or*'& *'& !/'!, N!2#r
14
!E"LIORAPHY 1"!+)r&#<&-r%<)%$/%!1-o( 1!r*%-")&o$"%$)1-o( 1%0%)/%!1or2 1)$/-oror!"#%&'()$*1or2 1!r*%-")&1*%()&o.%$/%!1-o( 1#$%-).1or2 1!-)%1or2@-oror!"#$%&'()$*
15
