IHC bans corporal punishment for children

Shehzad Roy argues Section 89 of PPC could be held contradictory to Constitution as it violates basic human rights

ISLAMABAD: The Islamabad High Court on Thursday suspended Section 89 of the Pakistan Penal Code (PPC) and banned corporal punishment to children by parents, guardians and teachers.

Section 89 of the PPC, however, will remain suspended only in the Islamabad Capital Territory.

A division bench of the IHC -- headed by Chief Justice Athar Minallah -- issued the order on a petition filed by singer-philanthropist Shehzad Roy requesting that the court prohibit the use of violence to discipline children.

Section 89 allows parents, guardians and teachers to use corporal punishment in “good faith” and states: “Nothing which is done in good faith for the benefit of a person under twelve years of age [...] by or by consent of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause.”
In his petition, Roy argued that Section 89 could be held contradictory to the Constitution as it violated basic human rights and the United Nations Convention on the Rights of the Child.

He maintained that punishing children in educational institutions had become a norm. “Punishing children is being considered essential for improving learning. News of torture and punishment of children are reported every day in the media,” stated the petition.



Roy also sought full implementation of the child protection laws and prayed the court to direct the government to protect minors from physical and mental torture.

Justice Minallah noted that parliament had adopted a bill prohibiting corporal punishment for children in 2013. The bill, however, was not passed into law due to certain reasons.

Roy’s counsel maintained that his client wanted the high court to prevent violence against children until the bill was passed. “Corporal punishment affects a child’s mental and physical health,” he stressed.

After hearing the arguments, Justice Minallah directed the interior ministry to take immediate steps for the protection of children’s rights and asked the federal government to respond on the matter by March 5.

Roy took to Twitter to express his gratitude over the IHC decision. “I’m grateful that the operation of brutal, inhuman and unconstitutional colonial-era law section 89 has been suspended/stopped by the [IHC] Chief Justice Athar Minallah on Zindagi Trust petition in all the federal jurisdiction & Islamabad,” he wrote on the popular microblogging site.

Iam grateful that the operation of Brutal, inhuman & unconstitutional colonial-era law section 89 has been Suspended/stoped By the Cheif Justice Athar Minallah on @ZindagiTrust petition in all the Federal jurisdiction & islamabad. Congrats to all my dear children of isb&Pakistan

— Shehzad Roy (@ShehzadRoy) February 13, 2020