The National Assembly has passed a law that effectively bans all forms of corporal punishment in all types of educational institutes and has set out penalties for anyone physically assaulting children. This is indeed a historic move and been hailed by child rights groups who have been campaigning for several years for the legislation.
The new law will penalise teachers for assaulting and any punishment inflicted upon children, regardless of intention, and has cancelled out the provisions of Section 89 of the Pakistan Penal Code which had allowed teachers and guardians to administer physical punishment “in good faith” and “for the benefit” of the child. Last year, the Islamabad High Court had suspended the section and effectively banned corporal punishment.
It should be realized that the bill was passed after years of hectic efforts by civil society, activists such as Shehzad Roy and the Islamabad High Court. A bill was passed by a Senate committee in 2019 but was withheld for fifteen months while the government made little effort over the legislation until it was approved.
Although this a historic move, a lot remains to be done. Many teachers and parents think corporal punishment is useful to discipline students. It is imperative to change this regressive mindset that plagues our society and causes students to drop out of school or show disinterest in their studies. This requires mass awareness campaigns to sensitize educators and caretakers on the harmful effects of corporal punishment and on alternates such as positive disciplining.
It is also essential that the law is implemented and the complaints of children against educators are considered. The law recommends developing all mechanisms within six months but this is unlikely. In 2017, the Sindh government also passed a bill on corporal punishment but no rules of implementation were developed. It is also necessary to streamline the ban across all parts of the country.
Pakistan has one of the highest out-of-school children in the world and numerous others drop out due to derogatory punishments and attitudes at schools. The cases reported in media are just a handful and even fewer make it to police reports while abuse is extreme and widely prevalent. Thousands of children are growing up with the trauma and cannot become productive members of society. It’s time to end this abhorrent practice for the welfare of our children.
