IHC orders FDE, PEIRA to safeguard children's rights under Article 14

IHC issues detailed order on corporal punishment ban

ISLAMABAD: The Islamabad High Court (IHC) has issued its detailed order in corporal punishment case and directed the Federal Directorate of Education (FDE) director general and private schools to ensure that a ban on corporal punishment is implemented in Islamabad schools in letter and spirit.

The detailed verdict, issued on Saturday, instructed FDE chief and the Private Educational Institutions Regulatory Authority (Peira) to ensure that Article 14 of the Constitution regarding the protection of citizen’ rights is implemented.

The court also directed the FDE to develop a mechanism for carrying out action on public complaints in this matter. The Ministry of Human Rights secretary was also asked to present an implementation report on protection of children’s rights under the United Nations (UN) conventions.

The court also ordered the interior, law and education secretaries and Islamabad IG police to submit a response on the matter until March 5.

The IHC on Thursday suspended Section 89 of the Pakistan Penal Code (PPC) and banned corporal punishment to children by parents, guardians and teachers in the federal capital.

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 the court to prohibit use of violence to discipline children.

Section 89 allowed parents, guardians and teachers to use corporal punishment in “good faith”.

In his petition, Roy argued that Section 89 be held contradictory to the Constitution as it violates basic human rights and the United Nations Convention on the Rights of the Child.

He maintained that punishing children in educational institutions has 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 the parliament had adopted a bill prohibiting corporal punishment for children in 2013. The bill, however, could not change 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.  After hearing the arguments, Justice Minallah had directed the interior ministry to take immediate steps for the protection of children’s rights.