Friday, January 30, 2015

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 12th 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” )


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