Committee on the Rights of the Child: India
Session 066 (2014)
(7 July 2014, CRC/C/IND/CO/3-4, Concluding observations on third/fourth report, paras. 47, 48, 50 and 56)
"The Committee notes the legal prohibition of corporal punishment in all educational and care institutions. However, it remains concerned that:
a) such prohibition in educational institutions only applies to children between 6 and 14 years;
b) corporal punishment is still lawful in non-institutional care settings;
c) corporal punishment as a disciplinary measure and as a sentence for a crime is not prohibited throughout the State party;
d) despite the State party’s efforts, corporal punishment continues to be widely used within the family, alternative care and school settings and within the penal system.
"With reference to the Committee’s general comment No. 8 (2006) on the right of the child to protection from corporal punishment and other cruel or degrading forms of punishment and its general comment No. 13 (2011) on the right of the child to freedom from all forms of violence, the Committee recommends that the State party:
a) explicitly prohibit all forms of corporal punishment of children under 18 years in all settings throughout its territory;
b) introduce comprehensive and continuous public education, awarenessraising and social mobilization programmes, involving children, families, communities and traditional and religious leaders, on the harmful effects, both physical and psychological, of corporal punishment, with a view to changing the general attitude towards this practice;
c) ensure that legal proceedings are systematically initiated against those responsible for ill-treating children and that they are duly prosecuted;
d) promote positive, non-violent and participatory forms of child-rearing and discipline;
e) strengthen existing complaints mechanism with a view to ensuring that they are confidential and child-friendly.
"In line with its previous recommendations (CRC/C/15/Add.228, para. 51), the Committee urges the State party to: ...
c) establish a national database of all cases of violence against children with special emphasis on sexual abuse and corporal punishment in all settings, in particular schools, and undertake a comprehensive assessment of the extent, causes and nature of such violence....
"Recalling the Guidelines for the Alternative Care of Children (General Assembly resolution 64/142, annex), the Committee emphasizes that financial andmaterial poverty, or conditions directly imputable thereto, should not be the sole justification for removing a child from parental care. The Committee recommends that the State party:
a) establish adequate support services for parents, as well as adopt and implement awareness-raising and training programmes on parenting skills, including on alternatives to corporal punishment...."Read more from Session 066 (2014)
Session 035 (2004)
(26 February 2004, CRC/C/15/Add.228, Concluding observations on second report, paras. 44 and 45)
"The Committee notes the decision of the New Delhi High Court of December 2000 regarding prohibition of corporal punishment in the schools under its jurisdiction, but remains concerned that corporal punishment is not prohibited in the schools of other states, in the family, nor in other institutions for children, and remains acceptable in society.
"The Committee strongly recommends that the State party prohibit corporal punishment in the family, in schools and other institutions and undertake education campaigns to educate families, teachers and other professionals working with and/or for children on alternative ways of disciplining children."Read more from Session 035 (2004)
Session 023 (2000)
(23 February 2000, CRC/C/15/Add.115, Concluding observations on initial report, paras. 38, 40, 44 and 45)
"With respect to article 37 (a) of the Convention, the Committee is concerned by numerous reports of routine ill-treatment, corporal punishment, torture and sexual abuse of children in detention facilities, and alleged instances of killings of children living and/or working on the streets by law enforcement officials.
"Amendment to the Juvenile Justice Act is recommended to provide for complaints and prosecution mechanisms for cases of custodial abuse of children. In addition, the Committee recommends the amendment of section 197 of the Code of Criminal Procedure, which requires government approval for prosecution of law enforcement officials when complaints of custodial abuse or illegal detention are alleged; and section 43 of the Police Act, so that police cannot claim immunity for actions while executing a warrant in cases of illegal detention or custodial abuse.
"In the light of articles 19 and 39 of the Convention, the Committee is concerned at the widespread ill-treatment of children in India, not only in schools and care institutions but also within the family.
"The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family, schools and care institutions. The Committee recommends that these measures be accompanied by public education campaigns about the negative consequences of ill-treatment of children. The Committee recommends that the State party promote positive, non-violent forms of discipline as an alternative to corporal punishment, especially in the home and schools. Programmes for the rehabilitation and reintegration of abused children need to be strengthened, and adequate procedures and mechanisms established to receive complaints, monitor, investigate and prosecute instances of ill-treatment."Read more from Session 023 (2000)