HC aghast at continuation of corporal punishment in schools

Observing that the theory behind criminal justice system was to teach a lesson to the perpetrators to prevent the commission of such crimes and to help the victims heal from trauma by giving them closure, the Madras High Court quashed criminal proceedings against a school correspondent, headmaster and a physical trainer for the death of a student who was made to duck walk for coming late.

The court was only interested in giving close to the father of the child instead of allowing the matter to invade his memories, which would only put the family through continued trauma and despair, Justice N Anand Venkatesh said.

“In doing so, this court does not wish to turn Nelson’s eye to the issue in hand. This case has steered the attention of this court, shocking its conscience to its dismay, upon the fact that children in this country are till date being subjected to the sadistic and inhumane ‘culture’ of corporal punishment,” he said.

The court took pains to do research on the issue of corporal punishment and the importance of knowing the effects of certain physical workouts, as it may result in adverse consequences for a child, the judge said, “The duck walk or the duck waddle, which the victim child in this case was allegedly made to do as a punishment for reporting late to school, though was once an exercise employed in discipline and fitness regimes across the world, including the defense training institutions, came to become the subject of much debate and dispute with regard to its likelihood to cause injuries.”

The court also held that the present case was a reminder for physical trainers and teachers that they were duty-bound to keep themselves updated and informed about scientific developments. It was more so in cases where physical training is imparted to children, because a minor negligence of a physical trainer may lead to a major injury, impairing the child for rest of its future, court said.