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Shattered eardrums and tattered psyches

16 Feb 2021

  • Sri Lankan schools’ love of corporal punishment

  Sri Lanka is a country that takes pride in its history, culture, good values, and traditions, and keeps trying to instil so-called good values in the minds of children with the belief that continuing traditional practices is more important than ensuring that they benefit the country. How we shape the country’s next generation has a direct impact on the future of our country, and therefore, adults have a huge responsibility when it comes to deciding on what values need to be passed on to the next generation. Corporal punishment is one such practice that was a part of the country’s school system for a long time despite it being aimed at not educating children but instilling the fear of punishment in them. A recent Supreme Court (SC) verdict emphasised that corporal punishment is a practice that disregards the integrity, autonomy, and dignity of each child, drawing the public’s attention towards the fact that this practice that is still being continued despite being against the law.   The SC’s verdict    The SC made this observation in its verdict involving a 15-year-old school child who filed a Fundamental Rights (FR) petition claiming that his hearing ability had been damaged as a result of being punished by a school teacher. The SC ruled that the child’s FR had been violated, and ordered that compensation be paid to the child by the main respondent teacher and the State. The SC, in its verdict, said that Sri Lanka, as a signatory to the United Nations Convention on the Rights of the Child (UNCRC), has understood the need to curb the widespread use and acceptance of corporal punishment. In the aforementioned verdict, the SC said that corporal punishment, as a method of correction, teaches children to fear violence and normalises violence as opposed to bringing any sense of understanding of the wrong committed or of the true societal value of discipline. Also, it said that encouraging corporal punishment normalises violence, undermines the dignity of the child, and inflicts trauma in children, which is reflected as unhealthy and disruptive behaviour as adults. The SC also noted that while corporal punishment does not amount to torture in itself in the instant case, the practice of the infliction of physical or mental punishment which disregards the inherent dignity of a child amounts to inhuman or degrading punishment.   Education Ministry-issued circulars on corporal punishment   The Ministry of Education, as a state institution directly involved in protecting the rights of schoolchildren, has issued a number of circulars in connection with dealing with children in schools. Circular No. 12 of 2016, issued on 29 April 2016, which was to be implemented with effect from 2 May 2016, superseding the Circular No. 17 of 2005 on securing discipline within schools, remains the current circular concerning corporal punishment in schools.  According to the aforementioned SC judgment, this circular states the repercussions and possible legal redress against teachers who punish students, even when it is done with the objective of maintaining discipline; offers alternative methods of discipline in place of corporal punishment; and also recognises that corporal punishment, even when used as a method of disciplining, may lead to legal action. When contacted by The Morning, Ministry of Education Secretary Prof. Kapila Perera said that he is yet to look into the aforementioned incident, and was therefore not able to provide any information about any concrete future plans in this connection.   Govt. has a responsibility to sensitise teachers    To shed some light on teachers’ opinion about the practice of corporal punishment in schools, The Morning spoke to Ceylon Teachers’ Union (CTU) General Secretary Joseph Stalin, who categorically condemned this practice, and said that school teachers should be made aware of the circulars issued by the Ministry of Education. He added that corporal punishment of children is not allowed by law, as it amounts to subjecting children to physical harassment. Expressing his views about the recent SC verdict, he added that in the recent past, courts have issued two verdicts in connection with subjecting schoolchildren to corporal punishment, and that seeking redress from the court is a child’s right. He added that the said SC verdict, in addition to the main respondent of the case, i.e. the school teacher, required the State also to pay compensation to the victim, and that this is indicative of the fact that the education authorities also have a responsibility to take steps to create an environment to make attitudinal changes in teachers in this regard. “These types of incidents imply that the Government has failed to properly fulfil its responsibility as far as raising awareness among teachers, especially about Ministry-issued circulars, is concerned,” Stalin stressed, adding that constructive court verdicts show that a democratic culture that protects human rights has emerged, despite certain parties’ opposition against such. He also emphasised that it is important that Sri Lanka acknowledges the fact that even children are entitled to fundamental rights, and that the Ministry of Education must raise awareness about such rights through a systematic programme.  When queried as to whether training given to teachers before being recruited covers subjects that raise awareness about dealing with children, he said that it is taught under the child psychology subject, which includes understanding children and acting accordingly. He added that some of those who teach these subjects, however, have outdated attitudes, which may hinder this activity. “Subjecting schoolchildren to (corporal) punishment is unacceptable, and there are other methods (non-violent) to achieve the same objective. This practice (corporal punishment in schools) should come to an end, and everyone should look at these matters with an open mind,” Stalin noted.    Raising awareness essential     Meanwhile, the National Child Protection Authority (NCPA), one of the foremost institutions tasked with protecting the rights of children in Sri Lanka, told The Morning that its stance is that no child should be punished. Adding that there is no way to gauge the severity of punishment, the NCPA said that even though physical wounds may heal, psychological trauma and damage caused to a child’s personality as a result of corporal punishment may not heal the same way. Speaking further, NCPA Director (Planning and Information) Shanika Malalgoda told The Morning that the NCPA has launched a number of programmes to stop corporal punishment. She emphasised that subjecting children to punishment is not an option, and that introducing alternative disciplinary methods is what should be done.  She added that through a circular issued in 2011 by the NCPA and the Ministry of Education, the appointment of school child protection committees had been suggested, especially for students in classes above grade six. Adding that attitudinal changes are necessary for behavioural changes, she also said that the NCPA has focused on raising awareness about children’s rights, particularly among principals and teachers, by counselling teachers. She further said that the NCPA supports these parties to act in accordance with the guidelines. She added that in order to combat violations to children’s rights, the NCPA has introduced the National Child Protection Policy as well.   Sri Lanka’s situation   According to a 2017 local study led by former NCPA Chairman Prof. Harendra de Silva, 80.4% of schoolchildren had reported having experienced at least one incident of corporal punishment. It also said that other than escalating to physical abuse, corporal punishment has been associated with depression, hostility, and lowered academic performance among children, and that psychological aggression was also seen as a result of various correcting methods. The study, titled “A Study on Child Disciplinary Methods Practiced in Schools in Sri Lanka”, had been conducted in six districts, namely Colombo, Galle, Monaragala, Trincomalee, Mullaitivu, and Nuwara Eliya, and had been designed to represent schools from different ethnicities, sectors (urban, rural, and estate), and administrative structures (public, private, and special education schools). Of the types of punishments used in schools, 47.5% of students had been told to remain standing, while 43.7% of students had reported their ears being squeezed (to inflict pain). In addition, 42.4% of students who participated in the study had said that they were hit on the bottom with a hard object such as a stick. The study had also focused on the adverse impacts of corporal punishment, and said that 53.2% of students had reported having experienced at least one episode of physical abuse, while 72.5% of students had reported having experienced at least one episode of psychological aggression. Of the total number of students who participated in the study, 79.3% had reported having experienced at least one episode of (positive) discipline, such as being given an explanation as to why something was wrong, being given something else to do as an alternative to what they had done wrong, and being deprived of their privileges or being grounded.  The study also said that 65.8% of the teachers who participated in the study had reported using at least one strategy of psychological aggression, while 88.7% of teachers reported using at least one strategy of positive discipline. The findings of the study had shown high rates of corporal punishment of students in schools. The findings also showed that the use of psychological aggression too was high, and worryingly, so was physical abuse, which amounts to a criminal offence. The report of the study noted: “Though students and teachers also reported the high use of (positive) discipline, it appears that it is done in conjunction with punishment, thus losing its potential for a positive impact on the students. Most teachers and principals believe in the efficacy of corporal punishment. Some evidence suggests that this is due to reasons such as their own experience of it in childhood, because senior teachers use it, and because they do not know of any other strategies to correct misbehaviours. In fact, a majority of teachers had not received any formal training in classroom management, including the use of (positive) disciplining. Though a majority of teachers reported that they were aware of the circular recommending not to use physical force on students, they also reported that they were unaware of its contents. Because of this, a confusion on what can be and cannot be done in correcting misbehaviour prevails.”  It also pointed out that many students had indicated that they understood the need for correction when they had misbehaved, but that they appeared to tolerate corporal punishment, possibly even at abusive levels, if it is done by teachers whom they viewed as being skilled in teaching. “Their parents too do not complain against such teachers,” it added. The study also revealed an alarming finding that teachers and principals are of the firm view that only (positive) discipline (such as advice and support) does not work in correcting misbehaviours, and that it has to be combined with punishment. “The most common reasons for being punished were non-completion of homework, not adhering to the school dress code, and love affairs. Whilst the first reason is primarily a result of a highly examination-driven school system, which values academic achievement over most other life aspects, the second and third are common experiences in the psycho-sexual development of children and adolescents,” the report said, adding that it is therefore important to be concerned about why teachers use such high rates of punishment on these, for they are ordinary life experiences of young people. Among the recommendations presented based on the findings of the study were: having in place a clear definition on what constitutes corporal punishment and physical abuse; having clarity in the current legal framework and circular on the teachers’ use of punishment; taking steps to immediately inform the school authorities of the legal framework and the circular on punishing and disciplining; having in place a detailed procedure on how teachers use corporal punishment/psychological aggression and how physical abuse would be dealt with; strengthening the existing inadequate student counselling system; having a uniform evidence-based teacher recruitment process; and setting stringent guidelines to eradicate the home work-based, achievement-driven, competitive atmosphere in schools.    Corporal punishment: A practice refused by the world    Corporal punishment is a practice that has been rejected by a large number of countries due to a multitude of reasons including its ineffectiveness as a method of disciplining children and the long-term adverse effects it can have on children.  According to the Global Initiative to End All Corporal Punishment of Children, 61 states have fully banned corporal punishment, while 27 more states have committed to reforming their laws for a full ban of the same. A recent global study, conducted with the objective of examining the association between corporal punishment bans and youth violence, has shown that the ban of corporal punishment is associated with the reduction of youth violence, and that societies that prohibit the use of corporal punishment are less violent for youths to grow up in than societies that have not done so. The study, which was conducted with the involvement of 403,604 adolescents from 88 countries, showed that compared with 20 countries with no ban, the group of 30 countries with full bans (in schools and in the home) experienced only a 69% rate of fighting in males and 42% in females. It also found that 38 countries with partial bans (in schools but not in the home) experienced less fighting among females but not a lowering among males. In the Sri Lankan culture, children being dependent on adults, especially parents, is seen as a factor that gives parents the right to take any decision concerning the children’s lives. To make matters worse, the Sri Lankan culture views that subjecting children to corporal punishment is an effective method of disciplining, which has caused the continuation of this practice. Perhaps it is high time that Sri Lanka comes to terms with the fact that children, as human beings, are entitled to have a say in anything that affects them in any manner. If Sri Lanka is to have a bright future, the next generation needs to be taught love and kindness, and primitive, outdated practices such as corporal punishment should end with our generation.  


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