A PROJECT REPORT ON “CORPORAL
PUNISHMENT IN IPC”
Submitted by,
Rishabh singh, Roll no-201290 Sec-B Sem-3rd
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CERTIFICATE
I, Mr…RISHABH… with Reg.No…201290… Of …IIIrd … Semester has prepared the project on… “CORPORAL “CORPORAL PUNISHEMENT IN IPC”……………………… IPC ”……………………… In partial fulfilment of his/her semester course in the subject … “IPC”……… during the academic year 2013-14 under my supervision and guidance.
Signature of faculty
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ACKNOWLEDEGEMENT
I, Rishabh would like to take this opportunity to thank DR. J uma rao (Contracts faculty) for helping and guiding me in completing my m y project.
I would also like to thank our Vice-Chancellor, Prof .R.G.B. Bhagvath Kumar and our Registrar, Prof.P.Sudhakar, for giving me this opportunity to do a detailed study on the urban social problems. Lastly I would like to thank my friends for their efficient help and co-operation in helping me complete my project work
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TABLE OF INDEX
HISTORY OF CORPORAL PUNISHMENT
CORPORAL PUNISHEMENT
CONSEQUENCES OF CORPORAL PUNISHMENT
EFFECT OF CORPORAL PUNISHMENT
INCREASED AGRESSION IN CHILDREN
MENTAL HARM AND INDIRECT PHYSICAL HARM DAMAGE TO THE PARENT CHILD RELATIONSHIP CONCLUSION
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CORPORAL PUNISHMENT IN IPC – – punishment punishment is the authoritative imposition of something undesirable or PUNISHMENT unpleasant on a person or group of people, such as fine penalty or confinement.it may similarly entail the removal of something desirable or pleasant. This is done in response to a behaviour deemed unacceptable by an authority who has t he inclination and power to enforce a certain standards. The authority may be a group or a single person, and punishment may be carried out formally under a system of law or informally in other kinds of social settings such as in family. Negative consequences that are not authorised or that are administered without a breach of rules are not considered c onsidered to be punishment as defined. The study and practice practi ce of the punishment of crimes particularly as it applies to imprisonment, is called penology or often in modern texts, corrections in this context, the punishment process is euphemistically called “correctional process research into punishment often includes similar research into prevention.
H I STORY TORY OF OF CORP ORPORAL ORAL PUNI SH M ENT Corporal punishment have stay with human for long times. We don’t when it was started. In my opinion, every people had have learn ancient Greek, Rome, and Egypt stories. We can see that many people were used for build the palace, to be slave, or solider. In ancient times doesn’t have equipment like present. We has technology to build house, do house work, or fight. So, they use human to make the thing that they want. In Medieval Europe, corporal punishment was encouraged by attitude of medieval church toward human body. This had influence on school to use corporal punishment in school. In eleventh century Saint Anselm of Archbishop of Canterbury was speaking against the thing that he saw. He thought t hought that it cannot accept people who use corporal punishment to children. However in still continued until nineteenth century in Europe and North America. Most people thought about corporal punishment was an serious problem, because it had two significant cases, the death of Private Frederick john White, who died after a military flogging in 1846 and the death of Reginald Cancellor, who was killed by school master in 1860. That made corporal punishment in Britain unpopular. So, many countries made the law to protect people who get corporal punishment. In the 1870s, courts in the United was cancel the rule that husband had the right to use corporal punishment his wife in order to keep his wife did her own duty. So, corporal punishment had been with human for the long times. In the paragraph above, I already show part of corporal punishment that is in common with us. Because it showing that people are always using corporal punishment to people in their t heir own control like it is normal 5
to do it. Also, people are continuing doing because they can see people in the past was doing the same thing. I same like we are continue doing it because it is still success to doing it. Even though though many people are saying that using corporal punishment isn’t right thing to do. But when people saw other people harm children because they are father and child. We are stopping to help that kid. It has only feel people who try to help those kids. If we help people who get corporal punishment we would not have Reginald Cancellor in our world. CORP CORPOR ORAL AL PUNI SH EM ENT
The punishment which involves bodily or physical punishment which involves the deliberate infliction of pain as retribution for an offence, or for the purpose of inducing discipline or reforming a wrongdoer, or to deter attitudes or behaviour deemed unacceptable. The term usually refers to methodically striking the offender with the open hand or with an implement, whether in judicial domestic, or educational institutional. There are 3 types of corporal punishment
DOM ESTI ESTI C COR CORP PORAL ORAL PUNI SH M ENT
SCHOOL CORP CORPOR ORAL AL PUNI SH M ENT
JUDI CI AL CORPORAL ORAL PUNI SH M ENT
DOM ESTI ESTI C COR CORP PORAL ORAL PUNI SH M ENT – The punishment which is given to family members by the family members within the family is known as domestic corporal punishment. It includes domestic violence which is generally done on the women by his husband or husband’s family member due to various reasons. But generall y children are punished by the parents or guardians for not performing a particular task or for performing mischievous tasks. EXAMPLE – – If If a child who is doing a lot of mischief in the house or the child is not paying proper attention to his studies, then in order to discipline his activities or to realise him his/her mistake. The elders of the family sometimes use physical torture which creates fear in the mind of the child that if he will repeat the task again then he will be again subjected to the corporal punishment and due to that fear the child avoids doing that kind of things. Many people give corporal punishment to the domestic helpers or servants s ervants in order to get more, better and effective ef fective output from them. The fear of corporal punishment is so high that many people instead of getting better became more violent and ferocious.
SCHOOL CORPO CORPORAL RAL PUNI SH M ENT - School corporal punishment refers to an official punishment given to students for their mischief or misbehaviour in the school. Those students who are involved in bunking, violation of school laws, non performance of a particular task etc. are being given corporal punishment. The 6
punishment is usually administered either across the buttocks or on the hands. The students are slapped or asked to stand outside the class by raising their hand etc. Advocates of school corporal punishment argue that it provides an immediate response to indiscipline and that the student is quickly back in the classroom learning, rather than being suspended from school. Opponents believe that other disciplinary methods are equally or more effective. Some regard it as tantamount to violence or abuse. But in my opinion corporal punishment shows a negative effect on the students because each and every students are of different types, some students shows a positive result when subjected to corporal punishment, they start to give the desired results due to fear or on the realisation of their mistake whereas some tends to detoriate at a faster rate, they become more violent and instead of producing positive result, they start producing negative result or increase in their mischievous activities. EXAMPLE - as most of us have zameen n par p ar seen the movie tar e zamee in which the school child was subjected to various kinds in of corporal punishment in the school and also at home which ultimately resulted in the fast detoriation or degradation in his school activities like studying etc, but when the child was subjected to love and affection and was treated in special manner by his teacher, he ultimately tends to show positive results which resulted in his all over development. So this is a clear example that every time corporal or physical punishment is not an ultimate solution to each and every problem. There must be a special way to treat each and every child.
ORPORAL PUNI SH M ENT • JUDI CI AL CORP
It refers to the infliction
of corporal punishment as a result of a sentence by a judicial authority or by a court of law. The punishment can be flogging, caning, birching, whipping, or strapping. The practice was once commonplace in many countries, but it has now been abolished in most Western countries, but remains an acceptable legal punishment in some Asian, African and Middle Eastern countries. It is illegal and punishable offence under IPC, no authority has now got the right to inflict capital punishment on any of the prisoner or on any accused of crime. There are many instances where criminals are given third degree torcher or been inflicted to various methods of corporal punishment to ease their investigation, but that thing is illegal. Law does not permit any judicial officer to give corporal punishment on any accused.
CONS CONSEQUENCES EQUENCES OF OF CORP CORPOR ORAL AL PUNI SH M EN T Many researchers support the theory that corporal punishment is an ineffective discipline strategy with children of all ages and, furthermore, that it is often dangerous. Corporal punishment most often produces in i n its victim’s vict im’s anger, resentment, res entment, and low lo w self-esteem. It teaches violence and revenge as solutions to problems, and perpetuates itself, as children imitate what they see adults doing. Research substantiates the following consequences of corporal punishment:
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• Children whose parents use corporal punishment to control antisocial behaviour behaviour show more antisocial behaviour themselves over a long period of time, regardless of race and socioeconomic status, and regardless of whether the mother provides cognitive stimulation and emotional support • A consistent consistent pattern of physical physical abuse exists that generally generally starts as corporal punishment, and then gets out out of control. •
Adults who were hit as children are more likely to be depressed depressed or violent themselves
• The more more a child is hit, the more likely it is that the child, when an adult, will hit his or her children, spouse, or friends • Corporal punishment increases the probability of children children assaulting the parent in retaliation, especially as they grow older • Corporal punishment sends a message to the child that violence is a viable option option for solving problems • Corporal punishment is degrading, contributes to feelings of helplessness and humiliation, robs a child of self-worth and self-respect, and can lead to withdrawal or aggression • Corporal punishment erodes trust between a parent and a child, and increases the risk of child abuse; as a discipline measure, it simply does not decrease children's aggressive or delinquent behaviours • Children who get spanked regularly are more likely over time to cheat or lie, be disobedient at school, bully others, and show less remorse for wrongdoing • Corporal punishment adversely affects children's cognitive development. Children who are spanked perform poorly on school tasks compared to other children • Parental corporal punishment is associated with higher higher levels of of immediate compliance and aggression, lower levels of moral internalization and mental health, delinquency and antisocial behaviour, quality of parent child relationship, and likelihood of becoming a victim of physical abuse.
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EF F ECT OF COR CORP PORAL ORAL PUNI SH M ENT DIRECT PHYSICAL HARM
Corporal punishment kills thousands of children each year, injures many more and is the direct cause of many children’s physical physical impairments. Research in countries countries in all regions attests to the severity of the physical violence which children experience in the name of “discipline”. Corporal punishment includes children being hit with hands and objects; being kicked, shaken and forced to maintain uncomfortable positions; and a wide range of other painful and degrading treatment. 1 Most violence against children commonly referred to as “abuse” is corporal punishment. Research has consistently found that the majority of incidents substantiated by authorities as physical physical “abuse” are cases of physical punishment.2 The intent to discipline or punish has been shown to be a common precursor in many child homicide cases. All physical punishment, however “mild” and “light”, carries an inbuilt risk of escalation: its effectiveness effectiveness in controlling children’s behaviour decreases over time, encouraging the punisher to increase the intensity of the punishment. The risk of escalation is increased by the fact that adults who inflict physical punishment are often angry: their anger can increase the level of force used beyond what was intended, and their intent may be retaliatory as well as punitive3. All ten of the studies on child protection protection in a major 2002 2002 meta-analysis found that corporal punishment was significantly associated with physical “abuse”; later “abuse”; later studies have found similar associations. INCREASED AGRESSION IN CHILDREN
There is abundant evidence that corporal punishment is associated with increased aggression in children. All 27 studies on the topic included in the major meta-analysis found an association, and this has been confirmed confirmed by numerous numerous other studies. Children who have experienced corporal punishment are more likely to be aggressive towards their peers, to approve of the use of violence in peer relationships, relationshi ps, to bully and to experience violence from their peers, to use violent methods to resolve conflict and to be aggressive towards their parents. The reasons may include that aggression is a reflexive response to experiencing pain, that children learn that violence is an appropriate method of getting what you want and that
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Committee on the Rights of the Child (2006), General Comment No. 8: The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (arts. 19; 28, para. 2; and 37, inter alia) (CRC/C/GC/8) 2 A. & Trocmé, N. (2013), Physical Abuse and Physical Punishment in Canada, Child Canadian Welfare Research Portal Information Sheet # 122 3 Cavanagh, K. & Dobash, P. (2007), “The murder of children by fathers in the context of child abuse”, Child Abuse & Neglect, 31: 731 –46
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children copy their parents’ behaviour. Children describe feeling aggressive after being physically punished4.
POOR MORAL BEHAVIOUR
INTERNALISATION
AND
INCREASED
ANTISOCIAL
Far from teaching children how to behave, corporal punishment in fact makes it less likely that they learn the lessons adults want them to learn. Although in the meta-analysis, three of the five studies on the topic found that corporal punishment is associated with immediate compliance, 13 of 15 studies found that corporal punishment does not contribute to the child’s long-term long-term compliance to the desired behaviour. Corporal punishment has been found to be a factor in behaviours such as bullying, lying, cheating, running away, truancy, school behaviour problems and involvement in crime as a child and young adult. In 12 of the 13 studies included in the meta-analysis, corporal punishment was found to be significantly associated with an increase in delinquent and antisocial behaviour ; the link with behaviour problems has been confirmed by numerous later studies involving both young young and older children. Corporal punishment can reduce empathy and moral regulation. It does not teach children how to behave or help them understand how their behaviour affects others; rather than helping children to develop the desire and motivation to behave well of their own accord, it teaches them that it is desirable not to get caught. Corporal punishment may also decrease the likelihood of long-term compliance by damaging adult-child relationships, introducing fear and undermining the powerful behavioural motivations of children’s love and respect for their parents and other adults involved in their care and education.5 PERPETRATION AND EXPERIENCE OF VIOLENT, ANTISOCIAL AND CRIMINAL BEHAVIOUR IN ADULTS
The violent behaviour of children who have experienced corporal punishment persists into adulthood: corporal punishment in childhood is associated with aggressive, antisocial and criminal behaviour in adulthood. Corporal punishment is closely related to intimate partner violence, and often coexists with it. Experience of corporal punishment punishment as a child child was associated with with violence towards a partner or child as an adult in all five studies on the topic included in the metaanalysis. The associations with both perpetration and approval of intimate partner 4
Dobbs, T. (2005) Insights: childr en & young people speak out about family discipline, Save the Children New Zealand 5 Taylor, C. A. et al (2012), “Use of Spanking for 3 -Year-Old Children and Associated Intimate Partner Aggression or Violence”, Pediatrics 126(3), 415-424
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violence have have been confirmed in other studies. Associations have also been found between girls’ experience of corporal punishment punishment and their subsequent experience of partner violence as adult women and between boys’ experience of corporal punishment and their subsequent inequitable gender attitudes as adult men. 6 Corporal punishment perpetuates itself. Adults who have experienced corporal punishment are more likely to inflict it on their own children and children who experience it are more likely to approve of its use.
MENTAL HARM AND INDIRECT PHYSICAL HARM Corporal punishment is emotionally as well as physically painful and its links to poor mental health in childhood are clear . In a major meta-analysis, all 12 studies found that corporal punishment is significantly associated with a decrease in children’s mental health, including with behaviour disorders, anxiety disorders, depression and hopelessness. Later studies have have found associations with suicide attempts, alcohol and drug dependency, low self-esteem, hostility and emotional instability. 7 The associations hold true in adulthood. All eight studies on mental health in adulthood in the meta-analysis found an association between corporal punishment and poor mental health, including low self-esteem, depression, alcoholism, self-harm and suicidal tendencies. Significant later studies studies include a nationally representative US study which found associations with major depression, mania, anxiety disorders, alcohol and drug abuse and personality disorders. 8 These negative effects may also impact on physical health . Associations have been found between corporal punishment and children feeling that their health was poor, experiencing physical illnesses such as asthma, suffering injuries and accidents, being hospitalised and developing habits which put their health at risk, such as smoking, fighting with others and and alcohol consumption. The effect may continue into adulthood: one study found associations with developing cancer, asthma or cardiac disease as an adult DAMAGE TO THE PARENT CHILD RELATIONSHIP
Corporal punishment inflicted on a child by her or his parents can severely damage the parent-child relationship. In the meta-analysis, all 13 studies on the topic found an association between corporal punishment and a decrease in the quality of the parent-child relationship. One of the studies found that two year olds who wer e physically punished by 6
Smith, J.R., & Brooks-Gunn, J. (1997) “Correlates and consequences of harsh discipline for young children”, Archives of Pediatrics & Adolescent Medicine, 151(8):777-786 7 Fergusson, D.M. and Lynskey, M.T. (1997) “Physical punishment/maltreatment during childhood and adjustment in young adulthood”, Child Abuse and Neglect 2 1: 617 -30 8 Afifi, T. O. et al (2012), “Physical Punishment and Mental Disorders: Results From a Nationally Representative US Sample”, Pediatrics, 2 July 2012
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their mothers were more likely to distance themselves from their mothers than two year olds who who were not not physically physically punished. Later studies studies have found that corporal corporal punishment is associated with poor attachment by b y babies to their mothers and with poor family relationships in adolescence and young adulthood. Corporal punishment can teach children to fear and avoid their parents: children report feeling hurt, angry and frightened of their parents after being physically punished.
SECTION OF IPC DEALING WITH PUNISHEMENT IF SOMEONE USES CORP CORPOR ORAL AL PUNISHM ENT OR PHYSI PHYSI CAL PUNI SH M ENT
CULAPABLE HOMICIDE SECTION 299 – CULAPABLE Whoever causes death by doing an act with the intention of causing death, or with the intention of causing such bodily injury as is likely to cause death, or with the knowledge that he is likely by such act to cause death, commits the offence of culpable homicide. SECTION 304A – PUNISHMENT PUNISHMENT FOR CULPABLE HOMICIDE NOT AMOUNTING TO MURDER – MURDER – Whoever causes the death of any person by doing any rash or negligent act not amounting to culpable homicide, shall be punished with imprisonment of either description for a term which may extend to two years, or with fine, or with both
HURT SECTION 319 – HURT Whoever causes bodily pain, disease or infirmity to any person is said to cause hurt. GRIEVOUS HURT SECTION 320 – GRIEVOUS The following kinds of hurt only are designated as "grievous"-- First--Emasculation Secondly--Permanent privation of the sight of either eye. eye. Thirdly--Permanent privation of the hearing of either ear. Fourthly--Privation of any member or joint. Fifthly-Destruction or permanent permanent impairing of of the powers powers of any member or joint. Sixthly-Permanent disfiguration of the head or face Seventhly--Fracture or dislocation of a bone or tooth Eighthly--Any hurt hurt which endangers endangers life or which which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
VOLUNTARY CAUSING HURT SECTION 321 – VOLUNTARY Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said "voluntarily to cause hurt". VOLUNTARY CAUSING GRIEVOUS HURT SECTION 322 – VOLUNTARY 12
Whoever voluntarily causes hurt, if the hurt which he intends to cause or knows himself to be likely to cause is grievous hurt, and if the hurt which he causes is grievous hurt, is said "voluntarily to cause grievous hurt". SECTION 323 – PUNISHMENT PUNISHMENT FOR VOLUNTARY CAUSING HURT Whoever, except in the case provided for by section 334, voluntarily causes hurt, shall be punished with imprisonment of either description for a term which may extend to one year, or with fine which may extend to one thousand rupees, or with both.
VOLUNTARY CAUSING HURT BY DANGEROUS WEAPONS OR SECTION 324 – VOLUNTARY MEANS- Whoever, except in the case provided for by section 334, voluntarily causes hurt by means of any instrument for shooting, stabbing or cutting, or any instrument which, used as a weapon of offence, is likely to cause death, or by means of fire or any heated substance, or by means of any poison or any corrosive substance, or by means of any explosive substance, or by means of any substance which it is deleterious to the human body to inhale, to swallow, or to receive into the blood, or by means of any animal, shall be punished with imprisonment of either description for a term which may extend to three years, or with fine, or with both. PUNISHMENT FOR VOLUNTARY CAUSING GRIEVOUS HURT SECION 325 – PUNISHMENT Whoever, except in the case provided for by section 335, voluntarily causes grievous hurt, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine. ASSAULTSECTION 351 – ASSAULTWhoever makes any gesture, or any preparation intending or knowing it to be likely that such gesture or preparation will cause any person present to apprehend that he who makes that gesture or preparation is about to use criminal force to that person, is said to commit an assault. This are the section under which any person who beats another person or inflicts corporal punishment to him/her without any lawful justification or without any proper reason or defence to do so can be punished under the above mentioned section and can be punished by the court of law. Our Indian constitution has made corporal punishment as a crime and it is punishable under the Indian penal code. 9
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Indian penal code, bare act, universal publication
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CONCLUSION The evidence that corporal punishment is harmful to children, adults and societies is overwhelming – overwhelming – more more than 150 studies show associations between corporal punishment and a wide range of negative outcomes, while no studies have found evidence of any benefits. Corporal punishment causes direct physical harm to children and impacts negatively in the short- and long-term on their mental and physical health, education and cognitive development. Far from teaching children how to behave, it impairs moral internalisation, increases antisocial behaviour and damages family relationships. It increases aggression in children, is linked to intimate partner violence and inequitable gender attitudes and increases the likelihood of perpetrating and experiencing violence as an adult. Respect for children’s rights right s to protection, health, development and education requires that all corporal punishment of children be prohibited in law and eliminated in practice. We should be concerned about children taking away from their experience of corporal punishment the message that physical violence is an acceptable response to disagreement and conflict. To combat the problem of widespread recourse to nonconsensual physical violence in South Africa, we need as far as possible to discourage such violence, and to abolish practices children may construe as an endorsement of it, such as corporal punishment. Hence in my opinion corporal punishment should not be made a medium to change a person or to punish a person. There are also many ma ny other ways and alternatives which we can try to change person mentality and ideology towards a particular thing. Sometimes it is necessary but it should not be practiced each and every time. In earlier times parents or teachers use to beat children for their mistakes which gives them a positive result but as the time is changing so we need to change our thinking and mentality too.
BIBLIOGRAPHY
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Gaur, K.D., Indian penal code, 5 edition,2008, universal publication, New Delhi th
P.S.A’s pillai.,criminal law, 10 edition, lexis nexis butterworths wadhwa, Nagpur rd
B.M Gandhi, indian penal code, 3 edition, 2010, eastern book house. rd
Ratanlal and dhirajlal,33 edition,2010, lexis nexis, butterworths wadhwa, Nagpur
WEBLIOGRAPHY
www.lawyersubscribeindia.com
www.articlesonline.com
www.wikipedia.org
www.endcorporalpuishment.org
www.articles.timesofindia.com
www.unicef.org
www.acei.org/corporalpunishment
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