Corporal Punishment in School
HC asks to stop recurrence
National commission to monitor court directives
Declaring corporal punishment against children in educational institutions illegal and unconstitutional, High Court (HC) yesterday issued the government a set of directives to stop such punishments.
In response to a writ petition, it directed to ensure dissemination of the final guidelines prohibiting corporal punishment, specifying the nature of disciplinary punishments that may be imposed on children.
The HC bench of Justice Md Imman Ali and Justice Sheikh Hasan Arif ordered for defining corporal punishment as 'misconduct' under the Government Servants Discipline and Appeal Rules 1985.
Definitions of 'misconduct' under this law must be specified to include any breach of the prohibition of corporal punishment, it said.
Breaches include actions such as caning, beating, confining or chaining children or otherwise subjecting them to any cruel and degrading and inhuman punishment, it said.
The bench directed that probes into schools and madrasas must cover occurrences of corporal punishment, complaints, investigations, action against those responsible, its prevention and security to the victim.
The court said any inquiries into such incidents must be confidential and should ensure protection to the victim.
It ordered to establish a national commission or committee with secretaries of the ministries concerned and a committee under the deputy commissioners in every district to monitor actions taken in compliance with its directives.
It asked this committee to provide a report to the court within six months in this regard.
The HC directed for appointment of an independent commissioner to carry out a study into actions taken to address corporal punishment across the country.
The commissioner would also be provided with necessary cooperation, facilities and documents for this purpose, enabling him or her to provide a report to the national committee and the court.
The HC in the verdict observed that such punishment constitutes a clear violation of children's constitutional rights including to life, liberty and freedom from cruel, inhuman and degrading treatment.
It found that the government failed to take appropriate and adequate action to address fourteen seperate incidents of corporal punishment, including one involving the suicide of a ten-year old boy.
The HC gave the verdict following the writ petition filed as 'public interest litigation' by two human rights organisations -- Ain O Salish Kendra and Bangladesh Legal Aid and Services Trust.
Barrister Sara Hossain, assisted by Advocate Taufiqul Islam, Advocate Abantee Nurul, and Advocate Majhabeen Rabbani, appeared for the petitioners while Deputy Attorney General Motahar Hossain Saju stood for the government.
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