IHC calls for law banning corporal punishment in schools

Asks law ministry why bill in this regard not tabled in NA; says need to change social mindset

A federal minister on Wednesday told the Islamabad High Court (IHC) that the federal cabinet has already approved a bill seeking ban on corporal punishment of schoolchildren but the proposed legislation could not be sent to the parliament due to intervention of the Ministry of Interior.

“Prime Minister Imran Khan desired a complete ban on corporal punishment in schools and the federal cabinet has approved a bill in this regard.

“However, the law ministry stated that this matter is related to the Ministry of Interior which referred this issue to the Council of Islamic Ideology (CII),” said Minister for Human Rights Dr Shireen Mizari.
Mazari was addressing a single-bench, headed by IHC Chief Justice, which had taken up a petition of singer-philanthropist Shehzad Roy seeking ban on corporal punishment in schools.

The minister said the CII had opposed a ban on corporal punishment of children but urged that the court declare torture of children and corporal punishment as a violation of the fundamental rights.

Justice Minallah said there was no need to send the matter to interior ministry when the cabinet had approved the bill. Mizari took the stance that only the law ministry could give a reply on this matter.

The bench sent a notice to Ministry of Law and Justice seeking comments in this regard. He directed the law ministry to tell the court why the bill had not been tabled in the National Assembly for far.

IHC bans corporal punishment for children

The judge said: “Every day we hear incidents of torture on children. However, the solution does not lie in publicly executing people [responsible for such crimes]. There is a need for changing the mindset. Instead of public hanging, the mindset of the society should change.”

The petitioner, Shehzad Roy, appeared before the bench and said Article 89 of the Pakistan Penal Code (PPC) is misused, as people who resort to corporal punishment say they are hitting the children with good intentions. He requested the court to annul the legislation.

The chief justice said there is no need to annul Article 89 of the PPC as inflicting corporal punishments on children is a violation of the Article 14 of the Constitution. “The Article 14 ensures safety of children. Children cannot be physically hurt even in the absence of the law,” he noted.

Earlier, counsel for Ministry of Education said the government has imposed a ban on corporal punishment on schoolchildren in federal capital in compliance of court orders dated February 10. He requested the court to grant more time to evolve a comprehensive strategy in this regard.

When an official told the court that no case of corporal punishment had been reported in Islamabad, the judge noted that apart from physical torture, children are being widely exploited in the country.

IHC to hear Shehzad Roy’s plea against corporal punishment today

“A complaint is received at the time of a big loss. What happened to the legislation pertaining to prevent torture upon children? This is the work of the federal government. It is a case of human rights.

“A good teacher never gives corporal punishment to the children. The political leadership and the parliament have to change the mindset of the society,” he added.

The IHC later sought a response from the law ministry by March 12.

(With additional input from APP)