Lok Sabha Question No. 3103 (UNSTARRED), answered on 2018-08-06
Subject: Punishment in Schools
Ministry: HUMAN RESOURCE DEVELOPMENT
Asked by: MAUSAM NOOR

## GOVERNMENT OF INDIA MINISTRY OF HUMAN RESOURCE DEVELOPMENT DEPARTMENT OF SCHOOL EDUCATION & LITERACY

## LOK SABHA UNSTARRED QUESTION NO. 3103 TO BE ANSWERED ON 06.08.2018

## Punishment in Schools

3103. SHRIMATI MAUSAM NOOR:

Will the Minister of HUMAN RESOURCE DEVELOPMENT be pleased to state:

- (a) whether  the  Government  has  issued  any  rules/guidelines  with  regard  to  corporal punishment on schools students;
- (b) if so, the details thereof and if not, the reasons therefor;
- (c) whether  the  Government  is  aware  of  the  fact  that  several  schools  are  using  corporal punishment on school students; and
- (d) if  so,  the  punitive action taken against such institutions that does not follow the rules and guidelines prescribed in this regard?

## ANSWER MINISTER OF STATE IN THE MINISTRY OF HUMAN RESOURCE DEVELOPMENT

## (SHRI UPENDRA KUSHWAHA)

(a) & (b) Section 17(1) of the Right of Children to Free and Compulsory Education (RTE) Act,  2009  provides  that  'no  child  shall  be  subjected  to  physical  punishment  and  mental harassment'. Section 17(2) of the Act provides that whoever contravenes the provisions of the Section  17(1)  shall  be  liable  to  disciplinary  action  under  the  service  rules  applicable  to  such person.  All  States  and  UTs  are  required  to  adhere  to  the  RTE  Act.  The  Central  Board  of Secondary Education (CBSE) has directed all its affiliated schools to follow the provisions of the RTE  Act,  2009.  The  Board  has  incorporated  a  provision  in  its  Affiliation  Bye-Laws  for prevention  of  cruelty  towards  children.  The  Board  has  also  issued  instructions  to  its  affiliated schools for curbing corporal punishment and mental harassment.

(c) & (d) Education being a subject in the Concurrent List of the Constitution and majority of  schools  being  under  the  jurisdiction  of  the  State/Union  Territory  Government,  it  is  for  the respective States/Union Territory Government to take suitable action for prevention of corporal punishment  on  schools  students  in  their  schools.  So  far  as  the  CBSE  affiliated  schools  are concerned,  the  Board  has  received  complaints  of  corporal  punishment  in  its  affiliated  schools from following States in the year 2018:

| 2018   | 2018             | 2018              |
|--------|------------------|-------------------|
| S. No. | State            | No. of Complaints |
| 1.     | Uttar Pradesh    | 01                |
| 2.     | Himachal Pradesh | 01                |
| 3.     | Haryana          | 03                |
| 4.     | Rajasthan        | 02                |
| 5.     | Delhi            | 01                |
| 6.     | Tamil Nadu       | 01                |

The Board has taken cognizance of all such complaints of corporal punishments and has advised the concerned District Education Officers (DEOs) to take necessary action as per rules. The concerned schools have been directed not to allow such incidents in future and take suitable measures for prevention of corporal punishment on schools students.

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