The Tamil Nadu Government has been directed by the Madras High Court (HC) to simply follow the guidelines mentioned in the National Commission for Protection of Child Rights (NCPCR) to remove corporal punishments in schools (GECP).
Subject Matter of the Petition
A petition was filed recently by Kamatchi Shanker Arumugam, who wanted to execute the Guidelines for Elimination of Corporal Punishments (GECP) in schools by the authorities, which is supplied by the NCPCR. Hence, Justice S M Subramaniam gave a directive to the Principal Secretary to the Government, the School Education Department. This directive was an interim order related to the above petition, concerning the implementation of NCPCR’s guidelines.
Judge’s Observations
The Judge stated that to safeguard the mental health of the students, it is significant that the educational establishments follow the guidelines given by NCPCR.
There must be awareness initiatives from these authorities, that can guide the public about student safety, and urge them to take strict actions against the defaulters.
The Judge stated that to properly execute the recommendations provided by the NCPCR, a set of instructions must be given to the district educational authorities for arranging awareness camps and seminars on this subject matter.
For instance, if there is any complaint against a person going against the NCPCR’s guidelines, then the authorized agency must take appropriate and immediate action.
The Judge further stated that the officials in question must face disciplinary actions by the department, as per Service rules. These actions are prone to any form of negligence, lapses, or dereliction.
As per court observations, appropriate remedial actions, in case of physical punishments in schools, by the authorized educational department, for any form of child harassment situations, can reduce the negative impact of the situation on the child’s and parents’ mental health.
Role of Principal Secretary
To ensure that the guidelines are implemented as intended, the Principal Secretary will have to instruct the district educational authorities to form a monitoring committee in each school. This Principal Secretary to the Government, School Education Department, is held responsible for forming these monitoring committees.
Monitoring committees will be led by the Head of the Educational Institution and will include parents, senior students, teachers and all other members as determined by the Government.
There will be strict observance of following the NCPCR’s guidelines by the committees. These committees will keep a check on any unusual and undesirable behaviour by the staff or the kids and will then report it to the competent authority. Following that, corrective action plans will be taken.
The guidelines as directed to the Principal Secretary will be given under Clauses 7.8 and 7.9 of the GECP framework.
The judge stated that a deadline of a maximum of 5 weeks is given for the issuance of a combined directive and circular. It is expected on 14th June 2024 by the Judge from the Registry circular to list the subject matter under the caption “For Reporting Compliance.”
 to simply follow the guidelines mentioned in the){kind=link}