Page 103 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
not acceptable in education, as it can cause immeasurable harm to
their physical and mental well-being. When teachers are enforcing
discipline, they are acting in their official capacity and not as
individuals. If they exceed their authority while performing their
duties, they may be held accountable for violating fundamental rights
through executive or administrative action. If the State fails to protect
children’s fundamental rights, outlawing CP will be meaningless.
The State and schools have an obligation to acknowledge children’s
right to be free from any violence related to education. Even minor
violence towards children can escalate into more severe forms, as
teachers using a rod may not be mindful of the force they are applying.
The case of Parents Forum for meaningful education and another
v. Union of India and another highlights that children possess the
17
same constitutional rights as adults and their age and size should not
be used as a basis to deprive them of these rights. It is essential to
recognize that a child’s humanity is not inferior to that of an adult
merely because of their small stature. The eradication of CP cannot

be accomplished through sporadic actions alone. Rather, it requires
a fundamental understanding among those responsible for children’s
well-being that violence cannot be a legitimate method of discipline.
Our country’s core values, based on the teachings of major faiths,
strongly condemn cruelty, violence, and physical harm.
There are several reasons for using CP as a disciplinary method is
ineffective. Adults often resort to physical violence because they
believe it will result in immediate compliance. However, this approach
teaches children to fear violence and perpetuates the normalization
of violence, rather than fostering a true understanding of the offense
committed and the societal value of discipline. When children avoid
certain behaviors in the future, it is often due to the trauma of the
violence inflicted, rather than a genuine understanding of their

17 Parents Forum for Meaningful Education and Another v Union of India and Another [2000]
1 December 2000, 2001, IIAHD Delhi 20, AIR 2001 Delhi 212, 89 (2001) DLT 705, 2001 (57)
DRJ 456. Available at: https://indiankanoon.org/doc/1353622/ (Accessed 1 April 2023).
law.faculty@kdu.ac.lk
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