Despite the explicit ban on corporal punishment by Bangladesh’s highest court, this reprehensible practice continues to persist within various educational institutions, flagrantly defying the court’s verdict. Such actions not only constitute a criminal offense but also amount to contempt of court.
On September 17, 2023, a shocking incident unfolded at ‘Kamrabo High School‘ in Shibpur upazila, Narsingdi district, when a sixth-grade girl student collapsed in her classroom. Her distressing ordeal began when the school’s computer operator, Asif, instructed her to perform 200 sit-ups—an act considered one of the most humiliating forms of punishment in our society.
According to Mohsin Mia, the student’s maternal uncle, the girl had been absent from school for three days due to a high fever. Upon her return, still mildly unwell, she fell victim to this cruelty when the headmaster, Akhtaruzzaman, assigned computer operator Asif to conduct the math class. Learning of her absence, Asif promptly ordered her to complete 200 sit-ups or face a fine of BDT 10. Overwhelmed by fear and helplessness, the student fainted after completing only 61 sit-ups.
Sadly, the belief that corporal punishment is a justifiable means of disciplining children in schools and madrassas remains deeply ingrained in our society. A 2020 survey conducted by Bangladesh Legal Aid and Services Trust (BLAST) in collaboration with Save the Children International (SCI) revealed that a staggering 67 percent of parents support the use of physical punishment as a disciplinary method in schools, with 79 percent admitting to physically disciplining their children at home.
Furthermore, all teachers surveyed believed that physical punishment was the most effective way to control children in the classroom, with 13 percent even asserting that no other effective methods existed. Alarmingly, 64 percent of guardians were unaware of laws prohibiting such punishment. The survey reported that 79 percent of parents admitted to hitting their children at home, and 90 percent stated that such practices were still prevalent in their children’s schools. Half of urban parents reported that teachers contacted them when their children violated rules, while 58 percent of rural parents indicated that their children were caned at school for disobedience. Astonishingly, 55 percent of teachers claimed not to have seen or received any notifications about the ban on physical discipline.
A 2021 report revealed that 82.3 percent of Bangladeshi children under 14 had suffered either psychological or physical punishment. The evidence against corporal punishment is overwhelming, as children in schools employing this punishment tend to perform significantly worse academically and perceive their schools as intimidating places. According to the BLAST-IID study supported by Save the Children Bangladesh, 60 percent of guardians reported that their children were reluctant to attend school due to the fear of punishment, while 47 percent said their children were afraid of their teachers. A quarter of parents noted that their children became frustrated and depressed due to such punishments at school. Paradoxically, some guardians who supported physical punishment believed it would make children more compliant, disciplined, and teach them manners and etiquette.
Experts attribute the persistence of physical punishment to cultural norms and lack of awareness among parents. The social acceptance and normalization of corporal punishment blur the lines of child abuse, justifying the act in both the perpetrator’s and victim’s minds. This complicates efforts to morally condemn the practice, creating a need for government intervention through clear legislation that criminalizes and penalizes child abuse.
Legislation aiming to challenge social norms and address ambiguities must be precise. Over the past three decades, Bangladesh has made significant efforts to establish a legal framework to combat child abuse. As a signatory to the UN Convention on the Rights of the Child, Bangladesh enacted the Children Act in 2013, which criminalizes all forms of corporal punishment imposed on children. This law provides for a maximum punishment of five years in prison and/or a fine of up to Tk1 lac. Importantly, it raised the legal definition of children from under 14 to under 18 years old, ensuring no child is subjected to torture or inhuman treatment.
However, the legislation has not entirely eradicated corporal punishment within domestic and institutional settings. Article 89 of the Penal Code 1860, which provides a defense for guardians or persons with lawful authority to harm children under 12 for the child’s benefit, creates a legal contradiction that reinforces the justification of corporal punishment.
While the Supreme Court of Bangladesh has attempted to clarify this issue by ruling that corporal punishment at home, in schools, and in institutions is unlawful, this ruling has not been given legislative status to explicitly abolish or repeal the defense. It is important to note that similar provisions in other jurisdictions continue to provide a defense for corporal punishment.
Psychologists have overwhelmingly argued that the drawbacks of corporal punishment outweigh any potential benefits, leading to negative traits in children, such as bullying, criminal activity, and domestic violence. Moreover, physical punishment can result in severe emotional trauma, including anxiety disorders, depression, suicidal tendencies, drug and alcohol abuse, lower self-esteem, and emotional instability.
Efforts to enact laws prohibiting such punishments will only be effective when actively enforced and supported by constructive reforms. The true impact of the Children Act, 2013, will only be realized when enforcement agencies and the judiciary consistently apply the law to combat child abuse. In addition to legal enforcement, social activism plays a vital role in raising awareness about the consequences of corporal punishment, helping to reshape public perception and, ultimately, create a safer environment for our children.
