Author
Asst Prof Priyanka Majumdar
Organisation/Institution
Department of Law, Gauhati University, Guwahati
Country
INDIA
Panel
Children and Law
Title
The Enduring Reality of Corporal Punishment in Indian Schools and its Implications for Child Rights
Abstract
Corporal punishment, including physical force, mental harassment, and discriminatory treatment, violates children’s fundamental rights to dignity, bodily integrity, equality, and education. International child-rights standards and Indian constitutional and statutory jurisprudence affirm that coercive or degrading disciplinary practices harm children’s emotional well-being, impair cognitive development, and create hostile learning environments hindering the effective realisation of the right to education. Such practices deter regular attendance, erode trust in teachers and institutions, and compromise the safe atmosphere essential for meaningful learning. Evidence from governmental and independent surveys, media reports, and research studies indicates its persistent use across public and private institutions, notwithstanding the statutory ban under the Right of Children to Free and Compulsory Education Act, 2009. This paper examines the prevalence of corporal punishment in Indian schools and analyses the socio-legal factors enabling its continued use despite explicit legal prohibitions. It argues that deep-rooted beliefs about discipline, institutional norms supporting authoritarian pedagogy, and familial acceptance of punitive correction collectively weaken implementation and hinder the realisation of child-rights protections. The analysis highlights a pronounced gap between legal mandates and ground-level implementation. The paper further examines the international and Indian legal frameworks governing corporal punishment, including a comparative study of India and the United States. By analysing regulatory approaches, judicial interpretations, and policy directives in both jurisdictions, it offers a broader cross-national context for assessing implementation challenges. The paper concludes by proposing legal, institutional, and pedagogical reforms to eliminate corporal punishment in schools, including stronger monitoring and grievance-redressal mechanisms, enhanced institutional accountability, capacity-building for educators, and the adoption of positive, non-violent disciplinary approaches. Emphasising shared responsibilities among the state, educational institutions, families, and civil society, the paper advocates a rights-centric educational framework that upholds children’s dignity and ensures full realisation of their right to education. Keywords: child abuse, corporal punishment, positive discipline, right to education, United States.
Biography
Ms. Priyanka Majumdar (BBA, LL.B, LL.M in Criminal Law), Assistant Professor at the Department of Law, Gauhati University, has eight years of academic and professional experience. She previously served as Assistant Professor at Symbiosis Law School, Pune, and as a Consultant at the Development Monitoring and Evaluation Office (DMEO), NITI Aayog, Government of India. At DMEO, she was the nodal officer for the Ministry of Law and Justice, the Department of Social Justice & Empowerment, and the Department of Financial Services. She received formal recognition for her contributions to the Output Outcome Monitoring Framework for the Ministry of Law & Justice and the Department of Social Justice & Empowerment, tabled in Parliament in February 2022. She also served as the nodal member for Assam and West Bengal on monitoring and evaluation practices. She has served as an Assistant Panel Judge in the Lok Adalat organised by the Pune District Legal Services Authority. Her research publications appear in Scopus, Web of Science, UGC-listed, and peer-reviewed journals, covering themes such as artificial intelligence, human rights, child soldiering, and judicial accountability. She has received Best Paper awards at international conferences and a Letter of Appreciation for contributing to the “Report on the Transformation of the Criminal Justice System in India,” submitted to the Ministry of Home Affairs. She has chaired sessions and delivered invited lectures at national and international conferences, coordinated major academic events at SLS Pune and Gauhati University, served as Research Assistant to Professor Ratna Kapur (Harvard Law School), and contributed to a minor research project on environmental law and policy. She is currently Assistant Editor of two peer-reviewed journals and has reviewed books and academic manuscripts.
