Anti-Corporal Punishment Legislation is the Need of the Hour

Pakistan signed and ratified the United Nations Convention on the Rights of the Children (UNCRC) in 1990. Under this Convention the Government of Pakistan is obligated to “take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse”.

However, 25 years down the lane Pakistan’s performance on the front of child protection is a far cry from realization. While a number of laws have been passed in the recent years (both by the central and provincial governments) to meet Pakistan’s obligations under the UNCRC, however lacunas in existing legislation and lack of effective implementation continue to make thousands of children suffer the worst forms of violence with impunity.

Among the most common forms of violence prevalent in Pakistan is corporal punishment. The irony however is that despite scores of national and international studies citing the immense damage that physical punishment is likely to cause to a child’s physical, mental and emotional health, this practice continues to enjoy widespread acceptance at every tier of the society.

The UNCRC demands all state parties to ban the use of corporal punishment against children, defining it as “any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however slight”. Paradoxically, while Pakistan has ratified the Convention, the country continues to hoodwink its legal responsibilities vis-à-vis banning corporal punishment and some of its laws come into direct conflict with the provisions of the United Nations Convention on the Rights of the Children. For instance, Article 89 of the Pakistan Penal Code empowers parents, teachers and other guardians to use moderate and reasonable corporal punishment as a means to correct the behaviour of children below 12 years of age. Article 89 of PPC is then a stark contradiction of the country’s international obligations as it condones violence against children if it is carried out keeping “the best interest of the child” in mind.

It is then a little wonder that the UN committee on the rights of the child has time and again expressed serious concerns regarding violence against children specifically corporal punishment and recommended that Section 89 of the Pakistan Penal Code be repealed. The Committee has also often been cited recommending the Government of Pakistan to put in place an effective monitoring system to prevent teachers and other professionals from abusing their powers in schools and other institutions. Interestingly, the education departments of all the four provinces have banned the use of corporal punishment in schools, however the absence of a monitoring mechanism and the presence of Article 89 of the PPC continue to aid the perpetration of violence against our children.

This unchecked use of violence in the name of discipline is responsible for pushing the dropout rate during the first five years of education at 50 per cent – one of the highest in the world. Moreover, corporal punishment is also responsible for at least 35,000 high school drop-outs in Pakistan each year.

Our collective silence and poverty of will has only made our children more vulnerable with each passing year. It is about time that we ask ourselves if we truly care about the welfare of our children. If we do there’s no reason for any further delay in making necessary legal amendments and ensure implementation of all existing child protection laws. Otherwise, we would lose any moral ground that we might still have to proclaim ourselves as guardians and caregivers of our children.