Mehendale, Archana and Raha, Swagata
(2018)
Schools as safe spaces -
where do we stand.
Learning Curve (30).
pp. 39-43.
Abstract
Public discourse and policy on universalisation of
education has primarily focussed on improving
access to schools, and ensuring retention and
participation of children in schools. The Right of
Children to Free and Compulsory Education Act,
2009 (RTE Act) and flagship programmes of Sarva
Shiksha Abhiyan (SSA) mainly focus on providing
right to education by guaranteeing admission in
government/neighbourhood schools and right to
schools with prescribed infrastructure and teachers.
However, the RTE Act and SSA give scant attention
to rights within education. However, provisions
related to protecting children’s rights within schools
and ensuring that schools become safe spaces can
be found in various other legislation, government
notifications,
programmes,
and
schemes
formulated by central and state governments. In
this article, we discuss these provisions and present
what we know is happening in practice.
Provisions and Implementation
Legislations pertaining to children address corporal
punishment, sexual offences against children
and cruelty in schools. In the policy realm, the
triggers for formulation of circulars, guidelines, and
advisories have been cases of violations or abuse
that were reported by the media. For instance,
in 2010, a 13-year-old boy in a premier school in
Kolkata. 1 committed suicide after being caned by
his teacher This led to an inquiry by the National
Commission for Protection of Child Rights (NCPCR)
and the formulation of Guidelines on Corporal
Punishment, 2 which were adopted by the Ministry
of Human Resource and Development (MHRD). 3
Corporal punishment
Section 17(1), Right of Children to Free and
Compulsory Education Act, 2009, prohibits
subjecting a child to physical punishment or
harassment, although neither of these terms is
defined in the Act. The Delhi High Court held that
provisions of the Delhi Education Rules, which
permitted corporal punishment, violated Articles 14
and 21 of the Constitution and struck them down. 4
It also directed the ‘State to ensure that children are
not subjected to corporal punishment in schools
and they receive education in an environment of
freedom and dignity, free from fear.’
An Advisory for Eliminating Corporal Punishment in
Schools under Section 35(1) of the RTE Act, 2009
(based on the NCPCR guidelines) by the Ministry
of Human Resource Development (MHRD) offers
guidance on the prevention of corporal punishment
and redressal mechanisms. 5 It unpacks corporal
punishment into (a) physical punishment, (b)
mental harassment and (c) discrimination, and
requires schools to have a clear protocol to guide
teachers on tackling troublesome behaviour (eg.,
disturbing other children in class, lying, stealing,
etc.) and offensive behaviour, causing hurt or injury
to others (eg., bullying, aggression towards peers,
stealing, violating others’ rights, vandalising, etc.). 6
The Advisory requires the school management to
conduct regular training programmes for teachers
so as to facilitate a shift to a rights-based approach
to education, abolition of corporal punishment,
and positive engagement with children
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