An overview on the existing punishment strategy and what can be done about it

1. Corporal Punishment: Should We
Or Shouldn’t We Physically Punish
Our Children?
- Rabia Mehta

2. Spare the rod and spoil the child
• Those of us that belong to an older generation are probably
quite familiar with the concept of spanking, having been
subjected to it at some point in our youths.
• When a child seems out of control, what is the parent
supposed to do?
• Is slapping, caning, or spanking really the answer?
• What are the long-term consequences of physical disciplinary
action?
• These are just a few of the questions regarding punishment
raised in the course of modern parenting.

3. Corporal punishment
• It means any form of physical punishment in a domestic,
educational, or judicial setting.
• In parenting, it involves inflicting some form of physical force
(such as slapping, spanking, or caning) in order to control or
punish a child’s misbehaviour.
• It is still widely used as a parenting tool in some cultures,
including our own.
• Although countries like New Zealand, the Netherlands, and
Germany have outlawed any form of corporal punishment, it
is still legal at home in many others, including the United
States and Australia.

4. Section 89 on the IPC
• “Nothing which is done in good faith for the benefit of a
person under twelve years of age, or of unsound mind by or
by consent, either express or implied, of the guardian or
other person having lawful charge of that person, is an
offence by reason of any harm which it may cause, or be
intended by the doer to cause or be known by the doer to be
likely to cause to that person…” provided that the intention is
not to cause death or grievous hurt, or used in the abetment
of any other offence.

5. Laws against the corporal punishment
• It is important to note that while Section 89 of the IPC (1860)
makes some form of domestic corporal punishment
“allowable”, it does not advocate or advise its use.
• Such punishment, however, has been made illegal in
educational settings.
• Article 17 of the Right to Free and Compulsory Education Act
(2009, enforced in 2010) prohibits the physical or mental
harassment of any child between the ages of 6 and 14 and
punishes offenders that engage in any such acts in an
educational setting.
• In some states like Goa and Andhra Pradesh, all children
regardless of age are legally protected against school
corporal punishment.

6. Illegal isn’t it?
• So even if it is legal to spank one’s own child, where does one
draw the line between disciplinary action and assault or
abuse?
• It seems to be a judgment call that is defined more by
societal norms and culture than by law.
• Many parents use it as a last resort when all else fails; some
use it as a way to keep a child “in line” by instilling constant
fear.

7. • Still others see it as the only way to get their child to do well
in school.
• Public attitude regarding spanking has changed in the past
few decades.
• In Western ideology, spanking is generally not acceptable,
especially in public, a concept that is catching on in the rest of
the world.

8. Researches that prove
• The studies caution, however, that the research methodology
on such a controversial issue may be skewed by a high
amount of ‘social desirability bias’, wherein the subjects in a
study may respond in a socially acceptable or politically
correct way, keeping in mind any real or perceived
consequences of their responses.
• Yet other studies suggest that spanking deteriorates the trust
between a parent and a child, and may lead to undesirable
behavior or violence later in the child’s life.
• It is also argued that most child abuse starts with spanking.

9. The long term effects
• Children that are excessively afraid of their parents are
known to be shyer and more insecure than their peers.
• They may exhibit physical aggression towards others, since
they themselves are subject to varying forms of it from a
person that is supposed to be their role model.
• It leads to bitterness and resentment, not just towards the
parent, but within other relationships as well.
• Above it all, children model their behaviour on the people
that are closest to them.
• Children that are spanked are more likely to spank their own
children in the future.

10. Keep the consequences in mind
• It is up to your judgment whether or not to spank your child,
but it is important to keep in mind the consequences of your
actions, where to draw the line, and what is permissible by
law.
• In an age when children seem to grow up faster than ever
before, it is important to realize that a child has the right to a
full and a happy childhood experience.
• Everyone has a memory or two of being negatively
disciplined at some point in their youths.
• It just shouldn’t become the only memory a child carries forth
into adulthood.

11. About the writer
• Rabia Mehta was born in Bombay but raised in the US. She
studied Industrial/Organizational Psychology but she plans
on pursuing a second career in the near future. An avid
reader, she currently dabbles with writing and editing, and
devotes her spare time to her beloved pets. She calls the San
Francisco Bay Area home but travels to Asia frequently. The
article was previously published at Indian Law Radar.

12. • Read detailed report on Corporal Punishment: Should We Or
Shouldn’t We Physically Punish Our Children?
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