Eradication of corporal punishment from schools: Idukki Experiment -By Adv Sabu Thomas, Former Member, Child Welfare Committee for Idukki district

Idukki district

This beautiful High range district of Kerala is geographically known for its Mountainous Hills and Dense Forests. Idukki accounts for 12.9 percent of the area of Kerala and only 3.7 percent of the population of Kerala About 50% of its area is Reserved Forests. Agriculture is the main occupation of the people in the District. Dairy is the main supplementary source of income of the farmers in the district.

Small and marginal farmers are predominant in the district. However, in High land areas there are large holdings of plantations of tea, cardamom etc. owned by corporate bodies and private agencies. Idukki is the second largest place in Kerala where the most number of scheduled tribes and tribal ambiguities exist.

Total population       -           11,29,221 Nos.

Child population      -           1,34,177

Literacy Rate            -           8,82,458 (88.69%)

Schools

State syllabus            -           486

CBSE schools                         15

Kendriya Vidyalaya            -               1

ICSE schools             -               4

Total                           -           506

Child Welfare Committee for Idukki district

Child Welfare Committee (CWC) for Idukki district is one among the first three CWCs Government of Kerala constituted under section 29 of JJ(Care and Protection) Act 2000Act No. 56 of 2000)

Powers of Committee

As per the Section 31(1) of JJ Act  The Committee shall have the final authority to dispose of cases for the care, protection, treatment, development and rehabilitation of the children as well as to provide for their basic needs and protection of human rights.

Invoking  the powers of the CWC for protection of Human rights CWC Idukki has been attempting to mould the District into a Child Friendly District by undertaking the following programmes:

1.      Eradication of Child Beggary

2       Abolition of Corporal Punishment on Children in schools

3       Abolition of Child Labour

Programme  for Eradication of Child Beggary

In the year 2006 we set a goal that child beggary in the district has to be eradicated .We launched the programme with high esteem. The programme was inaugurated by Hon’ble Minister for PWD Sri P.J  Joseph who hails from our district.

A seminar on child rights for SHO’s of Police, Panchayath Presidents, media persons and heads of all orphanages was also organized. Seminar was inaugurated by Hon’ble Justice KT Sankaran of  Kerala High Court.Seminar was led by District Judge, Chair person of JJB, CWC members and SP of Police. 

With the coordination of police and orphanages combing operations and rehabilitation of children engaged in beggary was made and with constant vigil by the CWC still we keep our district free of Child beggary.

Programme  for Abolition of Corporal Punishment on Children in schools

It was during the preparatory session of CRC Reporting convened by the Social welfare department of Kerala, CWC Idukki noticed that so far no efforts were taken any where in our state to end corporal punishment in schools and there was a direction issued by National Commission for Protection of Child Rights to take steps to put an end to the same. When my self  take up the issue in the said meet most of the participants even laughed at me and opinioned that such things are not practical in Indian situations. I take it as a challenge and raised the issue in the CWC sitting.

 The committee taking inspiration from Magsaysay award winner Padmasree  Dr. Mrs. Santha Sinha, Honorable Chairperson National Commission for Protection of  Child Rights, in its sitting held on 05.11.2007, formulated a pioneering programme called “Bala Sauhruda Jilla, Idukki 2008” or “Child friendly District Idukki 2008” for the making Idukki a Child Friendly District. With specific goal of  Abolition of Corporal Punishments from the Schools of Idukki District. Adv.Sabu Thomas, Member CWC Idukki, was directed to coordinate the program

Our Strategies

1.           A high profile launching of the programme

The Programme was inaugurated on the 12^th January 2008 by Honorable Chairperson for National Commission for Protection of  Child Rights,  Padmasree Dr. Santa Sinha in a meeting held at St.Joseph’s College, Arakkulam,Thodupuzha. The audience consisted of 500 representatives from ­­­­­­­­300 Schools and 3 Teachers Training Colleges of Idukki district. The Inaugural ceremony was presided over by Rev. Fr.Thomas Malliackal CMI, Principal of St.Joseph’s College and felicitated by Sri.Ashok Kumar Singh IAS, Idukki District Collector, Sri.K.K.Chellappan IPS, Idukki District Police Superintendent, Smt. Thresiamma Michael, District Officer, Social Welfare Department, and Sri.Harris Mohammed, Secretary, Press Club, Thodupuzha   

2.      Seminar on Child Rights and Juvenile Justice Act

The Seminar on Child Rights and Juvenile Justice Act was conducted at the same venue and on the same day. It was inaugurated by Hon: Justice R.Basant, Kerala High Court Judge . The Inaugural session of the seminar was presided over by  Smt. Mary Joseph, Additional District and Sessions Judge. The Keynote address was delivered by Sri Roshi Augustine M.L.A.  Sri.U.V.Sri. Kumar, Principal Magistrate, Juvenile Justice Board felicitated the gathering

Sri.C.M.Yoshit, Ex-Joint Director, Social Welfare Department , Sri.P.Pratapan, Joint Director Social Welfare Department. Sri. Siji Antony, Lecturer, St. Joseph’s College, Thodupuzha. Adv.Sabu Thomas, Adv. Thajmol .S.H.,  Sinimol Thomas , Thankamony Varkey, and P.Surendran, members of CWC led the seminar

3                          Repeated  communications to Head masters

The programme coordinator wrote several letters to the head masters of the schools explaining them the law regarding the corporal punishment and explaining that causing physical pain may amounts to offence under sections 323 and 324 IPC and section 23 JJ act and by resorting corporal punishment teachers turn to be criminals and they will be prosecuted if found doing so.

4.                                   Suo moto Actions initiated by the committee

CWC Idukki received information that certain Managements were stubbornly sticking on to corporal punishment, despite the warnings issued by the committee and the awareness of consequences generated by the media. CWC Idukki had at the beginning initiated action against four schools, based on complaints via phone calls and other sources regarding incidents of corporal punishment under Sub Rule(2) of Rle 12 of the Kerala JJRules 2003 (which rule is not there in Central model rules) and gave wide publicity to the same.

But all SHOs reported that there was corporal punishment in the schools before but at present there is no incidence in any schools. Even though there was no prima-facie evidence of child right violation we issued summons to all the principals of the said schools and warned them of dare consequences. Last year when we had got a written complaint about an incident of corporal punishment we initiated action against one school principal  and police registered a case. The magistrate took cognizance and when the said principal was arrested and brought before the court he was remanded to judicial custody for 15 days and he got bail only after 15 days. We narrated said case to all and obtained under taking in writing that they will see that no teacher in their school resort to corporal punishments. The committee still keep constant vigil on the matter.

6.Actions taken by others

A.  Taking  inspirations from the initiatives made by CWC, Community police system in Thodupuzha set up complaint boxes on all schools in the Thodupuzha Municipal area so as to enable the school children to make their complaints  regarding the child right violations.  

The said matter was also reported by various news papers including Malayala Manorama daily  with a caption, “Children too can make complaints, Police boxes at schools

B.        District  Superintendent of Police Idukki at the request of  programme coordinator of Bala Sauhruda Jilla put up such complaint boxes in all schools in the district.

C.      Department of education at district level arranged a seminar for teachers and warned the teachers of dare consequences if corporal punishment is again resorted.

D         Many school managements also have arranged seminars for the teachers inviting

child welfare committee members regarding positive discipline techniques. 

E.         Seminars for children on child rights were also organized with the help of NGOs etc.

F.         Media persons Started to report any incident of corporal punishment in any schools came to their notice with high importance

Results Achieved

1.                  Effect of high profile launching was wide media coverage

The most spectacular result of the Bala Sauhruda Jilla Idukki 2008 Programme was the vigor with which the media and school managements took up the debate on corporal punishment in schools. Complaints from teachers and students have been flowing in along with the comments, clarifications, enquiries, praises and protests from school managements, media persons, authorities and literary figures. The mass interest and dialogue generated, however contentious, is paving way for the realization of child friendly schools in Idukki District

2.                  Mass awareness

The propaganda generated and actions taken by the by the committee started to give immediate results .Most of the teachers of the schools in the district gave up the rode

3.         Positive discipline techniques

Many stared to resort positive discipline techniques such as introduction of minus mark system for indiscipline and plus mark for better performance. Frequent communication with  parents , building personal relation with children etc. One of the incident in which principal of Model residential School for tribal students  at Painav Smt. Meenakshi   punished herself  by beating herself in the school assembly for an incident of theft by the student and the child apologized to the principal later turn to be a big event during our campaign . The said incident was celebrated by even national and international media. Even Chair Person of NCCRP wrote letter to her appraising her and the said way of disciplining crowned her with Jain foundation award.

4.               Children started to be more confident, hard working and responsible

5.        Media persons started to bring out every single incident of corporal punishment in schools

Failures and hurdles

1.      Many parents and teachers still believe that rod is the way for discipline

2.      Teachers started threatening the children and to shout at them

3.      Police are trying to settle the cases and not registering FIR. Special Juvenile police system is not there often the trained persons are changed to other corps

4.      There is at present no regular mechanism to open the complaint boxes and to take regular actions

5.      Child welfare committee is not supported by the government in any way. There is still no infra structure or staff support or financial support

6.      When actions are initiated elders win over the children and fail them

7.      People complains that law is implemented only in our district

8.      There is no coordination among the stake holders

Suggestions

1.      Strengthen CWCs by proper support and amendment of laws and Rules.

2.      Strengthen Juvenile police unit. Direct recruitment and no transfer to other corps.

3.      Make child rights the part of curriculum from LP level itself.

4.      Make a stricture that the message that Corporal Punishment on children is an offence  be printed  on the first page of all notes book or books for children

5.      Training be given to teachers

6.      Warning shall be given by CBSE, ICSE, and State department that disciplinary action  including cancellation of license will be taken against schools resorting to corporal punishment and dismissal  from service if teachers resorting the same.

7.      Child lines  be employed to deal with complaint boxes

8.      Compulsory meeting of DC, SP, DD education and members of CWC and JJ Board be held every three month

9.      Rules have to be incorporated with provisions for compelling police to register cases upon direction by CWCs and providing procedure for actions for protection of child rights

Conclusion

We had nothing with us no office, no staff, no funds, no remuneration. But we had faith that we can achieve it, we had determination to achieve it. We had confidence to achieve it.

 We don’t claim we have done great things and achieved great things but we attempted to carry out the duty cast upon us.We followed strictly the procedures prescribed in the Rules

If the government supported us; if police was more efficient we might have achieved it. Still we can say we attempted it and it starts to work and definitely it is possible in India too.

Adv.Sabu Thomas

( Former Member CWC Idukki and

Program coordinator “Bala sauhruda Zilla Idukki” )

The Hindu : News / National : Kalam favours FDI in retail sector

The Hindu : News / National : Kalam favours FDI in retail sector

ഞാനിവിടെ പുതിയ സ്വപ്നങ്ങളും കഥ കളുമായി പുനരവതരിക്കുന്നു പഴയ കഥകളും പഴയ സ്വപ്നങ്ങളും നിങ്ങളുമായി പങ്കുവെക്കാം കാത്തിരിക്കു ഹൃദയപൂര്വ്വം സാബു തോമസ്

Juvenile Justice (Care and Protection of children) Act 2000 has to be implemented immediately

Juvenile Justice Care and Protection of children Act 2000 was enacted seven years back.There after the same was amended in the year 2006. According to the Government of India it is to give effect to the provisions of the Constitution and relevant international instruments , the Juvenile Justice (Care and Protection of Children) Act, 2000 and the Amendment Act, 2006 (33 of 2006) were enacted.

In the Constitution of India there are several provisions, including clause (3) of article 15, article 21, article 21A, 22 (1) and (2), 23, 24, clause (e) and (f) of article 39, articles 39 A, articles 45, 47 and 51 A (k), which impose on the State a primary responsibility of ensuring that all the needs of children are met and that their basic human rights are fully protected.

The Convention on the Rights of the Child adopted by the General Assembly of the United Nations on the 20 November, 1989 and ratified by India on 11 December 1992, emphasizes conferment of rights on children, and reintegration of juveniles and care and protection of vulnerable children, with a view to furthering their right to survival, development, protection and participation.

The United Nations Standard Minimum Rules for the Administration of Juvenile Justice, 1985 (the Beijing Rules) and the United Nations Rules for the Protection of Juveniles Deprived of their Liberty (1990) set the minimum standard to be adhered to in the administration of juvenile justice in respect of juveniles in conflict with law.

The United Nations Guidelines for the Prevention of Juvenile Delinquency
(Riyadh Guidelines) and all other relevant international instruments focus on prevention of juvenile delinquency and provide guidelines for it.

By the JJ Act the law relating to juveniles in conflict with law and children in need of care and protection were consolidated and amended , by providing for proper care, protection and treatment by catering to their development needs, and by adopting a child friendly approach in the adjudication and disposition of matters in the best interest of children and for their ultimate rehabilitation and for matters connected therewith or incidental thereto, through institutional as well as non-institutional measures enumerated in the Act.

But till date there are no serious efforts from the governments to implement the Act. In Kerala only in 3 districts the Child welfare Committees are established. After the amendment so far not even model rules are framed by the Central Government. The state governments have not even cared to amend the existing rules.Present situation is that some existing rules are against the amended Act and there is no rules for carrying out certain responsibilities of the competent authorities provided in the existing rules.In Idukki district even though committee is appointed they have not been provided any office, staff or stationary for the last more than one and a half years!It seems the persons responsible to do the things do not understand the importance of the implementation of the Act. Only by protecting the rights of the children of the country we can make our nation to a developed nation. If we respect the rights of the children they become robust citizen of the coming years.

A new slogan has to be raised “ Care for the children and make India to a great nation.” It requires a big campaign for implementation of the Act in Kerala. Other wise politicians may forget about the children of our nation!!!!!!!!!!!!!!!!!!!
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Concept of Child Protection in the Eleventh FiveYear Plan

India is home to more than one billion people, of whom one-third are children under 18 years of age. The world’s tenth largest economy unfortunately ranks 127 on the Human Development Index (HDI). If all child rights indicators were to become a critical measure for HDI, India would fare even worse, especially because of its poor performance on child protection.

Every child has a right to protection. This not only includes children who are in difficult circumstances and those who have suffered violence, abuse and exploitation but also those who are not in any of these adverse situations and yet need to be protected in order to ensure that they remain within the social security and protective net.

‘Child Protection’ refers to protection from violence, exploitation, abuse and neglect. Violations of the child’s right to protection, in addition to being human rights violations, are also massive, under-recognized and under-reported barriers to child survival and development. Children subjected to violence, exploitation, abuse and neglect are at risk of: shortened lives, poor physical and mental health, educational problems (including dropping out of school), poor parenting skills later in life, homelessness, vagrancy and displacement.Conversely, successful protection increases a child’s chances to grow up physically and mentally healthy, confident and self-respecting, and less likely to abuse or exploit others, including his or her own children. The need to protect some children is certainly greater than others due to their specific socioeconomic and political circumstances and geographical location. These are the children who are or are not able to take care of Street and working children, Child beggars, Victims of child marriage ,Trafficked children Child prostitutes, Children of prostitutes ,Children of prisoners, Children affected by conflict /civil strife, Children affected by disasters both natural and manmade, Children affected by substance abuse, HIV/AIDS and other terminal diseases, Disabled children, Children belonging to ethnic religious minorities and other ‘Child Protection’ is about protecting children from or against any perceived or real danger/risk to their life, their personhood and childhood. It is about reducing their vulnerability to any kind of harm and in harmful situations .It is also about protecting children against social, psychological and emotional insecurity and distress. It must ensure that no child falls out of the social security and safety net and those who do, receive necessary care and protection to be brought back into the safety net.

Child protection is integrally linked to every other right of the child. The failure to ensure children’s right to protection adversely affects all other rights of the child and the development of the full potential of the child. Child protection is about protecting every right of every child. It must also relate to children’s capacity for self-reliance and self-defense the and to the roles and responsibilities of family, community, society and State.


In all these yearsafter independence, application of the preventive approach has been limited to programmes like awareness generation, media advocacy, training and capacity building of various stakeholders, legal literacy, sex education in schools etc. The need of the hour calls for a wider outlook that must go beyond the conventional prevention strategies and also take into account the link between child protection and other micro and macro development issues. Such a holistic understanding of prevention alone can help keep children within the protective net. In almost 60 years of independence and government functioning, little attempt has been made to respond to the needs of children in need of care and protection.

It is critical to invest in child protection as protection failures are not only human rights violations, but are also major, under-recognized, under-reported and under-acted upon barriers to child survival and development. In addition, the links between protection and other development targets accepted by the country need to be explicitly stated and understood in order to address appropriately the concerns for achieving these and to invest in accordance with the need and magnitude of the problem.

The Millennium Declaration addresses child protection explicitly. If we examine the MDGs closely, it is evident that not a single goal can be achieved unless the protection of children becomes an integral part of programming strategies and plans across sectors. Preventing and addressing violence, abuse, and exploitation is part of achieving the MDGs. Failing to protect children from such issues as violence in schools, child labour, harmful traditional practices, the absence of parental care or commercial sexual exploitation squanders the nation’s most precious resource. Reaching the most vulnerable and isolated and marginalized populations helps ensure the health and well-being of all which is indispensable to achieving the MDGs. A comprehensive programming approach to child protection brings us closer to the human development approaches especially in terms of good governance, human rights, gender, security, social protection and the rule of law.

Children the best tools to make a nation

Man is a social animal, apart from the society it would not be possible for him to live. One of the most important and essential social institution is state. Nations are made not by a single act. It is formed by a chain of actions and reactions in the collective mind of people who live in a particular part of the world.
It is the people of India who made India to a Democratic Republic. They constituted their nation to secure its citizens Justice, social, economic and political; Liberty of thought, expression, belief, faith and worship; Equality of status and of opportunity; and to promote among them all, fraternity assuring the dignity of the individual and the unity and integrity of the nation. All the legal systems and legislation are made in India to secure the said objectives. Children who forms about 42% of the total population of our nation are also the citizens of India.

In pursuant to the constitutional mandate and as a subscriber to the covenant of child rights convention of U.N. Assembly India have evolved a National policy for the welfare of the children. The thrust of the policy is that, ‘The Nation’s children are a supremely important asset. Their nature and solicitude are our responsibility. Children’s Programme shall find a prominent part in national plans for the development of human resources, so that our children grow up to become robust citizens, physically fit, mentally alert and morally healthy, endowed with the skills and motivations needed by the society. Equal opportunities for development to all children during the period of growth should be our aim, for this would serve our larger purpose of reducing inequality and ensuring social justice.’

On the evaluation of the state of India, only two rulers in India realized the importance of the child in the polity through out history of the republic. They are, first visionary first Prime Minister of India Pundit Jawaharlal Nehru who knew that it is in the classrooms the nation being build up . Presently the great President of India APJ Abdul Kalam, who interact with children as if they are most dignified persons of the nation and ask them to dream for bigger things and to aim at the heavens?

On present time it seems those who understand the importance of the children in the polity are the militant groups, mafias, fundamentalists etc. The fate of the fighting children in Sri Lanka is not the only example. It is on recent days the Pakistani religious fundamentalists used the students in “Lal Mazjid” as the shield from the army attack. Everybody knows if children are groomed from the early days they can be shaped to become anyone. Hence when a state plans about the future of nation the planning shall give importance to children and their development, for the development of the children means development of the nation.
But what is the approach the elders have to the children. They think that the children are only slaves. The parents at home, the teachers at school, the police on street, the bus conductors at public transport system, the politicians at their level, the persons in charge of children’s home , the judiciary , anybody they interact with, to say other wise the entire nation is inimical to the children . In fact this approach to the children is really a hindrance in India becoming a developed country at present. If the people start to recognize the rights of the children and protect their rights amazing changes will come to the nation. If you want the nation to be democratic nation protect the democratic rights of children. If you want nation to be secular teach the children the secular values. If you want to provide justice, equality to the people let the children be taught to be so. If you want to attain fraternity among the people teach the children that India is my country and all Indians are my sisters and brothers.

Hence the approach to the children must be as if they may in future become a Mahatmaji, or an Abdul Kalam Azad or a Vivekananda or a Jesus of Nazareth or another Lord Krishna. The elders have to start to respect him. They should understand that if he is not cared he might become a Raman Rahavan or a Davood Ibrahim. They should understand that he could be a soldier to country or an associate of a Militant Group; a good police officer or a criminal; a doctor or a HIV patient; a priest or a drug addict. What he becomes, the mind set of the nation will determine. The elders have to decide what will be the future of nation, for the child of today is the nation of tomorrow. It is time to realize the fact that the children are the best tools to make a nation.

Only through the children we can change the world

There was a man named Jesus. He was a son of a carpenter. He was born in the year BC 5. He was from the town of Nazareth. He was said to be the King of Jews. But he was crucified by Romans. He was a preacher for all the time.

One day few children came to him. But his disciples obstructed them from reaching him. He told the disciples let the children come to me. Because persons like them only are entitled to enter in to the Kingdom of God

It is that carpenter of Nazareth who in the history of the mankind first understands the power of children to change the world. Do you think the child has power to change the world?

Then read this,

“ We are guilty of many errors and faults, but our worst crime is abandoning the children, neglecting the foundation of life. Many of the things we need can wait. The child cannot; right now is the time his bones are being formed, his blood is being made and his senses are being developed. To him, we cannot answer 'tomorrow'. His name is 'today' ”

(Gabriel Mistral)