PROTECTION AND PROMOTION OF CHILD RIGHT IN PRESENT STRUCTURE

‘Child right’ is not otherwise a separate or Independent subject than that of Human Rights. Further to judge scientifically and logically, it is too distinct to note that the Social conditions born out of the structural influence the total growth of children may be Physical or Intellectual or psychological .
In a class Society, the children of the poor parents, either farmer or worker or Artisan or any other being of scanty resource, never enjoy the child hood – lost child hood is theirs.
Such children begin their lives from early teen as laborer (whom we name to be child labour)rag pickers or at last as beggar and in case of a girl child, as a brother mate .This is all – that happens due to social conditions that not only shape the life of the child, rather his father from whom he has inherited the sufferings and exploitation.
To shorten the log concept and philosophy, we have to conclude that the structure’s all from of laws, policy, plan and programme ,ultimately the Indian constitution ,where there is no space for right to work, is the center of Origin of all these issue or problems .the derth of knowledge of social development process and contradiction leads our so called elite Organizations to prescribed remedies as such.
In the midst of such deplorable condition the children of poor mass are identified as the discrete group and to bring a change even within the preview of reformation either by International and National organization ,we have to go to the people-the common mass who can only frame their lot-through the approach and initiatives of VCRO, in the way of movement/action to care the hierarchy with a different / alternative shape.
To reach these goals , primarily a process of democratic struggle to initiate is of prior importance , since a full fledged democratic revolution has not yet been complete successfully in India which could have paved the basement for alternative structure. More over it is peculiar phenomenon dominant due to the mechanism by the upper class. That is unfortunate that the downtrodden mass is not class conscious since casteism and other negation vibrates in them. So, a democratic struggle should be given priority in the process of preparation.

Indian Govt. bans corporal punishment in schools:

The first country in the world to prohibit corporal punishment was Poland in 1783 .Corporal punishment is still used in most of India. The Supreme Court of India banned its use in schools in 2000, and 17 out of 28 states claim to apply the ban, though enforcement is lax. A number of social and cultural organizations, including Shankaracharya, are campaigning against corporal punishment in India. In Gujarat, and many other states, it is still used in most schools.

School corporal punishment covers official punishments of school students for misbehavior that involve striking the student a given number of times in a generally methodical and premeditated ceremony. The punishment is usually administered either across the buttocks^[ or on the hands, with an implement specially kept for the purpose such as a rattan cane, wooden paddle, slipper or leather strap. Less commonly, it could also include spanking or smacking the student in a deliberate manner on a specific part of the body with the open hand, especially at the elementary school level.

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.

In most places nowadays where it is allowed, corporal punishment in public schools is governed by official regulations laid down by governments or local education authorities, defining such things as the implement to be used, the number of strokes that may be administered, which members of staff may carry it out, and whether parents must be informed or consulted. Depending on how narrowly the regulations are drawn and how rigorously enforced, this has the effect of making the punishment a structured ceremony that is legally defensible in a given jurisdiction and of inhibiting staff from lashing out on the spur of the moment.

Physical Punishments: 1. Making the children stand as a wall chair, 2. Keeping the school bags on their heads, 3. Making them stand for the whole day in the sun, 4. Make the children kneel down and do the work and then enter the class room 5. Making them stand on the bench, 6. Making them raise hands, 7. Hold a pencil in their mouth and stand, 8. Holding their ears with hands passed under the legs, 9. Tying of the children's hands, 10. Making them to do sit-ups, 11. Caning and pinching and 12. Twisting the ears. Emotional Punishments: Slapping by the opposite sex 2. Scolding abusing and humiliating 3. Label the child according to his or her misbehavior and sent him or her around the school 4. Make them stand on the back of the class and to complete the work. 5. Suspending them for a couple of days 6. Pinning paper on their back and labeling them "I am a fool", "I am a donkey" etc, 7. Teacher takes the child to every class she goes and humiliates the child. 8. Removing the shirts of the boys. Negative Reinforcement: 1. Detention during the break and lunch. 2. Locking them in a dark room 3. Call for parents or asking the children to bring explanatory letters from the parents 4. Sending them home or keeping the children outside the gate 5. Making the children sit on the floor on the classroom. 6. Making the child clean the premises. 7. Making the child run around the building or in the playground. 8. Sending the children to principals. 9. Making them to teach in the class. 10. Making them to stand till the teacher comes. 11. Giving oral warnings and letters in the diary or calendar 12. Threatening to give TC for the child. 13. Asking them to miss games or other activities 14. Deducting marks. 15. Treating the three late comings equal to one absent. 16. Giving excessive imposition. 17. Make the children pay fines. 18. Not allowing them into the class. 19. Sitting on the floor for one period, day, week and month. 20. Placing black marks on their disciplinary charts Two Schools of Thought: Then the question is why do the parents or teachers punish children? There are two schools of thought, one arguing for the need of taming the uncontrollable kids and the other for not using the cane at all, and the debate goes on in every meeting or workshop. School managers argue that some of the parents wanted them to beat the children to make them behave well. If the consent of parents could be taken for such punishments it would amount to conspiracy of parents and teachers to violate the rights of children, and provides any authority or protection or define to the teachers inflicting such punishment. Juvenile Justice Act, 2000: Section 23 of new Juvenile Justice Act, 2000 provides punishment for cruelty to juvenile or child. Whoever, having the actual charge of or control over, a juvenile or the child, assaults, abandons, exposes or willfully neglects the juvenile or causes or procures him to be assaulted, abandoned, exposed or neglected in a manner likely to cause such juvenile or the child unnecessarily mental or physical suffering shall be punishable with imprisonment for a term which may extend to six months, or fine, or with both. This section has no exceptions to exempt parents or teachers. Though it is intended to punish cruelty by those in authority, it equally applies to parents and teachers also. The whole purpose of the Juvenile Justice Act 2000 is to translate the objectives and rights enshrined in Convention on Child Rights which include separation of juveniles in conflict with law from ordinary judicial proceedings to avoid corporal punishment. Convention on Child Rights: Article 28(2) Convention on Rights of Child 1989 indicates that the school discipline should be administered in a manner consistent with the child's human dignity and the Convention. Article 28 says the education is a right and Article 29 says that the purpose of school education should be to assist the child in developing his or her personality talents, mental and physical abilities to their fullest potential. Article 3, 18 and 36 of the Convention deal with parental and adult responsibility in the private sphere and the right to protection from exploitation. Article 19 provides for measures to protect children against all forms of physical abuse and imposes an obligation on member states to protect children from all forms of physical or mental violence, injury or abuse. These provisions justify legal reforms that will impose criminal liability on parents or teachers and other adults who cause injury through violence and use corporal punishment. There must be a clear law and policy to curb domestic violence and battery of child by parents. Parents and teachers are legally accountable for violence and abuse of authority. However there is a need to spell this liability in clear terms of law for more certainty and to cause fear of law among them. Going by these norms, the concept of human rights and protection rights of children, it is to be understood that there is no 'minimum' acceptable in corporal punishment. Liability under different principles of law: Imposing harm or corporal punishment on children in schools could be against a. the general principles of civil liability, which may result in payment of damages in an action for tort, i.e., civil wrong b. the general principles of criminal liability for assaulting, causing injury or harm resulting in prosecution under Sections 89, 319, 320, 349, 350, 351 of Indian Penal Code c. violate Juvenile Justice Act, and principles laid down by the Convention of Child Rights d. the terms and conditions of the contract, breach of which may lead to suit for breach of contract with a remedy for payment of damages e. the definition of "service" under Consumer Protection Act, 1986, and deficiency of service may lead to an action before the consumer forum for compensation. f. the norms and procedure prescribed by the Government through GO Rules or Act, or judicial directions laid down by Supreme Court or High Court. g. It may also attract departmental action. Parents and Teachers usually impose some sort of corporal punishment over the children under their control. How far that is justifiable? From legal perspective, the basis of justification depends on the purpose, circumstance and reasonability of the force applied. Punishments for offences or misbehavior of the child is one class while punishments for not following dress code or carrying number of note books or not doing the assigned homework etc, is different one. Whether law favours imposing the corporal punishment at all? If favours, does it confine to control the offensive behavior or misbehavior? Or extend to all sorts of simple, technical or some other activity, which cannot be categorized as evil? Punishment : First violation of the ban will invite up to one year in jail or a fine of Rs.50, 000 or both. For subsequent violations imprisonment could be extend to 3 years with an additional fine of Rs.25.000 rupees. Heads of the schools will be responsible to prevent corporal punishment.