Islamabad, (Parliament Times) : On the International Day to End the Corporal Punishment of Children, the National Commission on the Rights of Child (NCRC) is reflecting upon the dozens of complaints on corporal punishment received by the Commission throughout the year. The Commission reiterates its commitment for the complete banning of corporal punishment in all settings and promoting non-violent forms of discipline. Corporal punishment continues to be a prevalent issue in Pakistan – 85% of 1-14-year old children in Punjab and Sindh, whereas 81% in KP, have reported experiencing some form of violent discipline as per the provincial Multiple Indicator Cluster Surveys.
Corporal punishment is often the most rampant form of interpersonal violence against children. It includes any punishment where physical force is used with the intention of causing pain, as well as non-physical forms of punishment – psychological and emotional – used to degrade and insult children.
Chairperson National Commission on the Rights of Child, Afshan Tehseen Bajwa, expressed her deep concern about the pervasive use of corporal punishment against children in Pakistan, “The NCRC strongly believes that any form of corporal punishment violates the children’s right to respect, dignity, and bodily autonomy. Corporal punishment directly impacts the health, education, and cognitive development of children. In the long term, it can cause children to dropout, fall into the trap of substance abuse and perpetuate intergenerational violence. There is a need for change – in policy, practice, and mindsets.
The Commission recommends that the State should take proactive measures to effectively enforce anti-corporal punishment laws, devise clear-cut laws criminalizing violence against children, and monitor their enforcement across the country through multi-sectoral implementation plans. NCRC also calls for a two-pronged approach: for schools and care institutions – child protection policies, complaint mechanisms, psychosocial support should be provided; secondly, the Federal and provincial governments should enact explicit prohibition of corporal punishment in all settings and repealing all defences and authorizations of corporal punishment (section 89 of the Penal Code 1860).”
The cost of corporal punishment
The detrimental effects of corporal punishment are widely researched and well-documented. Corporal punishment poses multiple harms and has no real benefits in positively disciplining children. It adversely affects a child’s willingness to go to school and usually also has a negative impact on the learning outcomes. In Pakistan, 22.8 million children are out-of-school – corporal punishment compounds the many challenges students face in receiving education. As a result, many children end up on the streets, bonded in child labour, and street crimes.
Apart from poor learning outcomes, there is overwhelming evidence linking corporal punishment with poor mental health and behavioural issues that lead to violent tendencies later on in life. Corporal punishment often has spillover effects, contributing to behaviours such as bullying, lying, juvenile delinquency, and children who runaway. In addition, corporal punishment in schools and care institutes is linked to increased depression, anxiety and aggression in children. Overall, violent discipline and corporal punishment comes with a heavy price for the children, their futures, and the society at large.
Way Forward – NCRC’s recommendations
The National Commission on the Rights of Child (NCRC) is strongly advocating for collective national action to propel this issue in the limelight so that all children across Pakistan are protected from corporal punishment – by law and in practice.
NCRC recommends reforming child rights and protection laws to explicitly prohibit all corporal punishment – across schools, homes, alternative care settings, daycares, and penal institutions. Sindh and the Federal Capital prohibit corporal punishment across all government and non-government schools, whereas, across Punjab and Khyber Pakhtunkhwa corporal punishment is prohibited only in government schools. Given the traditional legal and social acceptance of some degree of corporal punishment in many parts of the society, it is essential that the laws are clear that any form or degree of physical punishment, or any other form of humiliating or degrading punishment, of children is unlawful. Prohibition should now be extended to schools throughout Pakistan, for children of all ages, across government and non-government schools. In addition, prohibition of corporal punishment in homes, alternative care settings, daycares and penal institutions are yet to be formulated and implemented.
In tandem, the Commission recommends planning for effective implementation through a comprehensive national plan of action with visible, cross-sectoral coordination with the Government, civil society organization, legal councils and teacher associations to ensure that preventative and alternative discipline interventions are prioritized, communicated and delivered widely. Effective implementation should include setting up monitoring systems – such as complaint mechanisms, effective school management committees, dedicated hotlines for child rights violations – to ensure improved protection of children and curb the abuse of power by parents, teachers, caregivers and state guardians.
However, legislation alone is not enough to address the systemic and deep-rooted issue of corporal punishment in Pakistan. Along with legal reforms, the NCRC recommends initiatives that change perceptions of corporal punishment through public education, awareness-raising and social mobilization on the harmful effects of corporal punishment to bring about a behavioral change, promote positive parenting, and encourage non-violent forms of discipline.
Eradicating corporal punishment is foundational in delivering and honouring child-rights commitments for the most vulnerable and marginalized population in Pakistan – children approximately make up 47% of Pakistan’s population. Prohibition of corporal punishment will have a significant impact in improving school retention rates, meaningful childhood experiences, and reduce instances of youth vulnerability and recurring cycles of violence.
ABOUT:
National Commission on the Rights of Child (NCRC) was established by the Government of Pakistan under National Commission onthe Rights of the Child Act- 2017. The mandate of the NationalCommission on the Rights of the Child in section 15 is to examine, review laws, policies, inquire into violation of child rights, examineinternational instruments and undertake periodical review of existing policies and programmes on child rights and make recommendationsfor their effective implementation in the best interest of children; advise the Federal Government to sign, ratify or accede to anyproposed International Treaties, Protocols, etc.
