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22. Explain the offence of corporal punishment and its implications under the Juvenile Justice Act, 2015.

  • Prohibition: Section 82 explicitly prohibits corporal punishment in child care institutions.
  • Punishment: Any staff member found guilty faces imprisonment of up to 6 months and/or a fine of ₹10,000.
  • Definition: Corporal punishment includes physical harm or acts causing emotional distress to children.
  • Reporting Mechanisms: Institutions must have mechanisms to report and prevent such practices.
  • Awareness Programs: The law mandates awareness programs for caregivers to adopt positive discipline techniques.
  • Enhanced Penalties for Repeat Offenders: Repeat offenders face enhanced penalties, including dismissal from service.
  • Applicability: Section 82 applies to both government and private child care institutions.
  • Rights of Child Victims: Child victims of corporal punishment have the right to compensation and support.
  • Legal Remedies: Legal remedies ensure child-friendly trials for cases under this provision.
  • Inspections by CWCs: Inspections by CWCs ensure adherence to the prohibition of corporal punishment.
  • Non-Threatening Environment: Guidelines under the Act emphasize creating a non-threatening environment for children.
  • Counseling for Offenders: Counseling and corrective measures are promoted for offenders.
  • Case Law – Parents Forum for Meaningful Education v. Union of India (2000): Reinforced the prohibition of corporal punishment in schools and child care settings.
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