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2003
2004
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CORPORAL PUNISHMENT IN SCHOOL

Action to be initiated on the right culprit

Ref : 1 / Petition / Santhosh /2005   Date:15-07-2005

To

The Commissioner,
Coimbatore Corporation,
Coimbatore

Respected Sir,

Sub: Action to be initiated on the right culprit - Req.

Manitham is working to Promote Human Rights, Protect Environment.

We received a shocking petition recently from one of the parents of a deceased student, studied IX standard at Corporation Higher Secondary School, Sampath Street, Rathinapuri, Coimbatore.

Mr. Ravindran of Rathinapuri has submitted the petition to us dated 08-07-2005 [Copy of the petition is enclosed with this letter for reference].

In that petition the father [Mr. Ravindran] stating that his son [Master Santhosh] was self-immolated on his birthday on 04-07-2005, due to abuse words used on his father in front of others in the school by the School Head Master. B-III police framed a case against this issue and enquiring u/s. 174 Cr.P.C.

Part of our study on this case, with some Rathinapuri Corporation Higher Secondary School Students, studying in IX standard reveals;

¢ Students blaming the Head Master of the School. Corporal Punishment widely used against the students.
¢ Students were punished, if they not paid fees in time. For this, students were asked to stand outside of the class in rain and in day light.
¢ Canning on student is common.

The Universal Declaration of Human Rights in its Article 5 states," No one shall be subjected to torture or to cruel, in-human or degrading treatment or punishment".

India accepted and signed the UN Convention on the Rights of the Child in 1992. Signed States should follow the articles of the Convention,
¢ States shall ensure that each child enjoys full rights without discrimination or distinctions of any kind.
¢ States shall protect children from physical or mental harm and neglect, including [sexual] abuse or exploitation.

Our Indian Constitution also gives more importance to our child;
¢ Article 39 (f), "children are given opportunities and facilities to develop in a healthy manner and in conditions of freedom and dignity and that childhood and youth are protected against moral and material abandonment".
Corporal punishment is unlawful as a sentence for crime under the Juvenile Justice (Care and Protection of Children) Act, which prohibits torture and other cruel, inhuman or degrading treatment or punishment (article 21).

Rule 51 of the Tamil Nadu Education Rules prohibiting the infliction of mental and physical pain during "corrective" measures.

UN Committee on the Rights of the Child recently recommends to Indian government as :

"The Committee recommends that the State party take legislative measures to prohibit all forms of physical and mental violence, including corporal punishment and sexual abuse of children in the family, schools and care institutions. The Committee recommends that these measures be accompanied by public education campaigns about the negative consequences of ill-treatment of children. The Committee recommends that the State party promote positive, non-violent forms of discipline as an alternative to corporal punishment, especially in the home and schools. Programmes for the rehabilitation and reintegration of abused children need to be strengthened, and adequate procedures and mechanisms established to receive complaints, monitor, investigate and prosecute instances of ill-treatment." (23 February 2000, CRC/C/15/Add.115, Concluding observations on initial report, paras. 38, 40, 44 and 45).

Manitham urging to take necessary steps on the deceased student, Santhosh matter and punish the right culprit. In future no more self-immolation should be allowed to take place.

Nandri

With Regards,
For MANITHAM


[SUBRAMANIAN.G]
Executive Director, Manitham

CC to.

1. Chief Minister of Tamil Nadu
St. George Fort
Chennai

2. Educational Minister
Government of Tamil Nadu
Chennai

3. Directorate of School Education
Chennai

4. Chief Educational Officer
Coimbatore Educational District
Coimbatore

5. Commissioner of Police, Coimbatore

6. The District Collector, Coimbatore

7. Global Initiative to End Corporal Punishment of Children
London

8. UN Secretary General's Study on Violence against Children,
Secretariat, P O Box : 48
1211 Geneva 20 CIC,
Switzerland.

Self-immolation by IX Std. Student - FURTHER FACTS

Ref : 2 / Petition / Santhosh / 2005                         Date : 27-07-2005

This letter is in addition to the our earlier letter no: 1 / Petition / Santhosh / 2005, dated :15-07-2005.[See above]

We bring to your kind notice the following grievous lapses in the administration of corporation Higher Secondary School, Rathinapuri, Coimbatore.

1. Fee to be collected, as per Corporation Rules is only Rs. 32/- for Tamil Medium students. But actual fee collected is Rs. 405/- which is unethical and totally unwarranted.

2. Fee to be collected for English Medium is Rs. 32/- + Rs. 200/- as per Corporation Rules. But the Head Master collects Rs. 1,200/-. This is in total disagreement to the government policy of free education to the poor.

3. The Head Master of the School concerned is in-charge for two Schools - Corporation Higher Secondary School, Siddhapudur and Corporation Higher Secondary School, Rathinapuri, [both in Coimbatore] for the past 3 years. This shows the nexus between Corporation Educational Officer [Incharge], Coimbatore and the Head Master. This is not practiced anywhere in Tamil Nadu State.

4. Attention may be drawn to the suicide of a student by self-immolation. The day of the incident the boy along with his father had visited the school. He was reprimanded for not paying the fee [Rs. 405]. The father was also abused. When the father came forward to pay the fee a further sum of Rs. 500/- was demanded as the boy was accused of breaking a plastic chair.

5. Even though the parent was ready to pay the fee of Rs. 405/-, the Head Master declined to accept it. Had the fee been accepted, this tragic incident would not have taken place.

6. After the tragic incident of self-immolation the inspector of police, B-3, Coimbatore had visited the school and spoke to the students.

'Nobody is responsible for my death' according to death declaration - Replied by Deputy commissioner of Police, Coimbatore to Manitham's query

Manitham received a letter on 07-12-2005 [letter dated 21-11-2005/ RC.No.G2/58994/05] from Deputy Commissioner of Police, Coimbatore City, Mr. T.S. Anbhu, endorsing that according to dying declaration given by the student Mr. Santhosh to Judicial Magistrate No: VIII, Coimbatore, taken on 04-07-2005, stated as 'nobody is responsible for his death'

Manitham petitioned before the Commissioner of Police on 15-07-2005 regarding a deceased school IX standard student, Mr. Santhosh. Earlier Manitham received a letter from the parents Mr. Ravindran of Rathinapuri, father of deceased student states that his son was self-immolated on his birthday, 04-07-2005, due to abuse words used on his father in front of others in the school by the School Head Master.

Manitham appreciates the police action on this issue.
[THE END]

RELATED NEWS :

- South Asia region: report calls for law reform to end legalised violence against children - .pdf [End Corporal Punishment]

Hitting people is wrong – and children are people too. Corporal punishment of children breaches their fundamental rights to respect for their human dignity and physical integrity. Its legality breaches their right to equal protection under the law. Urgent action is needed in every region of the world to respect fully the rights of all  children – the smallest and most fragile of people.

This report reviews law and policy in relation to corporal punishment and deliberate humiliation of children in each state in South Asia. It makes recommendations for law reform and other measures which it is hoped will be adopted at the Consultation and pursued at a national, regional and international level.

THIS REPORT AND ITS RECOMMENDATIONS ARE ENDORSED BY: + Manitham - Promoting Human Rights, Protecting Environment, India
 FULL REPORT...


- Principal lady officer arrested on tip off from MANITHAM [26-06-2005]
- Primary school dalit Tamil students clean Scholl teachers toilets [10-06-2005]
- Abolishing Corporal Punishment in Schools  [10-08-2004] - Signatories [Follow up & Results]

CHILD LABOUR :

CHILD LABOUR - By: Subramanian.G, Executive Director, Manitham

Introduction:

Children are the future citizens of a country - valuable assets. It is the duty of individual in a society to see that the dreams and rights of a child are fulfilled. As per the latest ILO report, "Child Labour figures to an astounding 256 million, out of which Asia accounts for 153 million working children. In India, as per 1991 census, 14.37 million are working children (official sources). In Tamil Nadu, more than 25,000 Child Labour in Vellore, Virudhunagar, Tirunelveli, Tuticorin, Dharmapuri, Namakkal, Salem, Erode, Trichy, Kancheepuram, Dindigul and Chennai District alone [Tamil Nadu Sarva Siksha Abhyan Report, 2004].
[FULL PAPER] [Paper submitted to National Seminar on "Strategies for Eliminating Child Labour in India". University Grants Commission-sponsored two-day, [July 21 and 22, - 2005] and organised by the Economics Department of the GRG PSGR Krishnammal College for Women, Coimbatore]


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