A Dialogue on the Effectiveness of Section 308A and Section 341 of the Penal Code in Discouraging Corporeal Punishments

Abstract

Corporeal punishments can be identified as a method of punishment that can be traced a long way back in history as a method that is utilized to ensure compliance and discipline. It is quite well known that the same method is used in various degrees to discipline children at schools and even within the unit of a family. However, it is proven by research that such punishments can have devastating effects on the well-being of children, thus, the claims on punishments being imposed in the best interests of the children might be considered ineffective due to lack of evidence and the severity of the consequences of imposing corporeal punishments to children. Thus, the purpose of this research was to conduct a dialogue on the capability of criminal law on ensuring protection for children against acts of violence within the school system via a focused emphasis on the competency of Section 308A (1995 Amendment) and Section 341 of the Penal Code through utilizing the epistemological approach and the black letter approach of qualitative research. The research findings depicted that the relevant Sections considered within the course of the research has potential in terms of ensuring protection for children from acts of cruelty against children in the school atmosphere. The provisions further attempt to strike a balance between reasonable acts to ensure student wellbeing and acts that can be considered as being influenced by malice and cruelty, yet, with limitations that leave room for improvements. Keywords: Corporeal punishments; Best interests; Children; Child rights