A corporal/hard punishment is a physical punishment done to a child which is intended to cause physical pain to such child. It is in most cases meant to cause pain or discomfort in response to a child’s behavior. Examples include; spanking, slapping, pushing, hitting with hard object etc.
*Lighter ways of correcting children should be encouraged.
*Alternative means of correcting children should be embraced.
*The use of hard objects such as metals, rods or iron should be avoided
*Hitting sensitive parts of a child should be avoided as well.
*Corrections or punishments should be reasonable.
Children should be taught their rights to protection
Penalty: (State applicable laws and jurisdiction)
There is no express punishment prescribed by law. Although, Article 222 (1) of the Child’s Right Act 2003 expressly forbids the use of corporal punishment on a child. However, in a situation where the injury sustained during corporal punishment is grievous, such a person can be charged under Section 355 of the Criminal Code which makes provisions for ‘Assault with the intent to commit grievous bodily harm’. The offence is a felony and such person is liable to an imprisonment of 3years.
While it is not criminal to inflict corporal punishment on a child, there are restrictions in using such punishments. Section 211 states this clearly on the issue of dealing with children in conflict with the law. It says
(1) No child shall be ordered lo be‐
(a) imprisoned; or subjected to corporal punishment
The Child’s Right Act also provides for the Child’s Dignity of Human Person to be preserved.
We believe a child can get civil recourse if a legal action is brought under this head