1. Corporal Punishment in India: Current Status and Future Interventions to Support Positive Parenting Dr Rajeev Seth Executive Councilor ISPCAN Email sethrajeev@gmail.com

2. Corporal Punishment “Corporal or Physical Punishment” The use of physical force to punish or discipline children Acknowledged as the most common form of violence experienced by children

3. Corporal Punishment UN GENERAL COMMENT No. 8 (2006) The right of the child to protection from corporal punishment and other cruel or degrading forms of punishment (arts. 19; 28, para. 2; and 37, inter alia) UN Committee defines “corporal” or “physical” punishment as any punishment in which force is used and intended to cause some degree of pain or discomfort, however light

4. UN committee on the Rights of child General comment No. 13 (2011) The right of the child to freedom from all forms of violence The Committee on the Rights of the Child issued the present general comment on article 19 of the Convention on the Rights of the Child, since the extent and intensity of violence exerted on children is alarming

5. Global initiative to end corporal punishment in children (www.endcorporalpunishment.org)www.endcorporalpunishment.org It is a human rights imperative to prohibit and eliminate all such violence”. Corporal punishment a)Breaching a child’s human dignity b)Perpetuates their status as objects or property, and makes every other sort of extreme abuse and exploitation easier

6. Examples of corporal punishment Running around the school ground Rapping on the knuckles Kneeling down for hours Standing up for long hours Beating with a scale (ruler), pinched, slapped Child sexual abuse, torture, locking children alone etc

7. Reports of ghastly violence in Indian schools Rajasthan reports death of student after beating by teacher Andhra Pradesh: teacher subjected student to electric shock, with full support and justification by head master Above reports reflect a culture of violence and gross insensitivity to children and their rights

8. How Big is the Problem in India? Ministry of Women and Child Development(2007)- study on child abuse: 69% children physical abuse, including corporal punishment UNICEF(2011)-largest cross-national attempt, from household surveys in 37 countries: 66% of children aged 2 – 14 experience corporal punishment

9. How Big is the problem in India ? NCPCR Study (2012) 6632 children from 7 states, all except 9 children experienced physical and verbal abuse Experience of punishment and abuse at early age Type of school irrelevant to nature of punishment Girls not spared Poor Academics were the reason (93%)for abuse

10. In 2002 Eliz Gershoff published a meta analysis of 88 studies on the outcomes of physical punishment Landmark Meta-analysis of Social Science Research

11. Meta-analysis of Physical Punishment Research (Gershoff, 2002) Outcome# of Studies Confirmed Lower moral internalization1513 Child aggression2727 Child delinquency1312

12. Meta-analysis of Physical Punishment Research (Gershoff, 2002) Outcome# of StudiesConfirmed Impaired parent- child relationship1313 Poorer child mental health1212 Physical harm1010

13. Relationship of childhood abuse and household dysfunction to many of the leading causes of death in adults. The Adverse Childhood Experiences (ACE) Study. Felitti VJ,Anda RF Am J Prev Med. 1998 May;14(4):245-58.

14. ACE Study Results Compared to persons with ACE score of 0, those with score 4+ – x 2 smokers – x 12 attempted suicide – x 7 alcoholic – x 10 injected street drugs The number of categories of ACE exposures showed a graded relationship to the presence of adult diseases including ischemic heart disease, cancer, chronic lung disease, skeletal fractures, and liver disease

16. Linking childhood experiences and Adult outcomes Childhood Adversity Poor Adult Outcomes Toxic Stress Epigenetic Modifications Disruptions in Brain Architecture Behavioural Allostasis Maladaptive behaviours Non- Communicable Diseases

17. TOXIC STRESS is the missing link between ACE exposure and poor adult outcomes It raises the following BIG questions: Are there ways to: Treat Mitigate, and/or Immunize against the effects of toxic stress? Garner AS, et al. (2012) Early childhood adversity, toxic stress, and the role of the Pediatrician: translating developmental science into lifelong health. Pediatrics 129(1):e224‐31

18. Address Toxic stress: Primary / Universal Prevention – Proactive, universal interventions to make stress positive, or tolerable instead of toxic – Acknowledges that preventing all childhood adversity is impossible and even undesirable Actively building resiliency (immunizing through positive parenting, promoting optimism, formalized social-emotional learning) Social Emotional skills Buffers allow the physiologic stress response to return to baseline Parenting/Caregiving skills for younger children

19. A layered, public health approach is needed to address toxic stress (proportionate universality) Universal, primary preventions are: – The base of the pyramid (prevent others from falling in!) – Essential, but hard to assess (due to the ceiling effect) – Protect the brain (release the brake) … and … – Build healthy adaptive skills (step on the gas) The challenge is to support parents and caregivers as they do their best at BOTH! Si

20. Safeguarding Children Onus of responsibility to safeguard children from punishment is with- Parents through Positive Parenting School teachers Child multidisciplinary professionals Administration at all levels Public Policy & Legal Measures

21. Developing countries & Cultural Perspectives There is no universality regarding child-rearing standards Cultural perspective Poverty, Socio-Economic adverse circumstances Large population size, illiteracy, ignorance

22. Corporal Punishment in Indian Schools Deeply ingrained as a tool to discipline children and as a normal action All forms of corporal punishment are fundamental breach of human/child right A slap is as detrimental to child rights as grievous injury! No gradations Condoning so called “small acts“ actually leads to gross violations, legally impermissible

23. Using the UN CRC as a tool in advocacy One way of responding to the cultural relativism and developing country problem A wonderful example is the African Child Policy Forum (ACPF) which established a CRC-based methodology to monitor African nation-states and their progress against the CRC (Bequele 2010, Lee and Svevo-Cianci) Public policy that supports good parenting remains essential to prevent maltreatment

24. India & Child Rights In 1992,India endorsed UNCRC:Steps taken by Government of India: Juvenile Justice Act 2000 National Plan of Action for Children(2005) National Commission (NCPCR)(2005) Right to Education Bill (2009) Integrated Child Protection Scheme(2009) Protection of children from sexual offences Act (2012) STILL, there is a wide gap between policy & implementation /practice & outcome !

25. Legality of Corporal Punishment of children in India Indian Penal Code (1860) section 89, and J&K the Ranbir Penal Code: offense under12year Right To Education Act(RTE )(2009): In the school setting, corporal punishment is explicitly prohibited (children aged 6 -14 years) Juvenile Justice Act 2000 and Amendment 2006: clearly prohibits corporal punishment in observation care and protection homes in Chapter VI (a) of JJ Act Model Rule 2007

26. Supreme court of India Banned Corporal punishment December 1, 2000 and directed the State to ensure: “… that the children are not subjected to corporal punishment in schools and they receive their education in an environment of freedom and dignity, free from fear.”

27. Prohibition of Corporal punishment Right to Education Act (2009) prohibits corporal punishment. It is an important step forward! But, does not criminalize corporal punishment, nor provide a law with standard penalty. Juvenile Justice Act 2000, is the only statue which criminalize acts, but this has not been tested in higher courts. Indian law pulls in conflicting directions on Corporal punishment

28. National commission for protection of Child Rights (NCPCR) Guidelines All children are informed through campaigns and publicity drives that they have the right to speak against corporal punishment and bring it to the notice of authorities They must be given confidence to make complaints and not accept punishment as “normal activity” of school

29. National commission for protection of Child Rights (NCPCR) Guidelines Every school, JJ homes, shelter homes and other public institutions should have a forum where children can express themselves A box where children can drop their complaints, even if anonymous should be provided in each school Monthly meeting of Parent teachers (PTA) to review complaints and take action

30. NCPCR guidelines Parent Teacher Association ( PTA) encouraged to act immediately, not wait for grievous injury to occur Parents and children empowered to speak against corporal punishment without fear Education department at all levels to establish procedures to review the response to complaints/monitor action taken

31. Prevention of Corporal punishment in India Given the large child population, particularly among the underprivileged rural and urban communities, socioeconomic constraints and lack of well developed child protection systems in India, It is of utmost importance to take all possible measures towards primary prevention of Corporal Punishment. CANCL News 14(1), 2014

32. Prevention Often neglected Prevention, reduce the resources directed to violence against children. The UN General Comment 13 notes that - prevention measures should be directed at all stakeholders, children, parents, families, communities, professionals and institutions in both Government and civil society

33. Delivering the message of PREVENTION through POSITIVE PARENTING Shift from acute care to one which now focuses provision of anticipatory guidance Even if we can’t “immunize” every child against the possibility of abuse, We can likely help protect some from being abused ! “Family life education”/Life Skills education is extremely important and must not be ignored

34. Positive Parenting Positive Parenting is the Most Effective Discipline to Stop Behavior Problems When It's Not a Behavior Problem, It's a Relationship Problem "But what if the child does know that the misbehavior is off limits, but doesn’t have the competing impulse to control himself?"

35. Principles of Positive Parenting Ensuring a safe, engaging environment A positive learning environment Using assertive discipline Having realistic expectations Taking care of yourself as a parent

36. Positive Discipline Positive Discipline (or PD) Focuses on the positive points of behavior, based on the idea that there are no bad children, just good and bad behaviors. Handle situations more appropriately while remaining calm, friendly and respectful to the children themselves.

37. Triple P-Positive Parenting Program and the prevention of child maltreatment Matthew R Sanders, Ph.D Parenting and Family Support Centre The University of Queensland, Australia, September, 2009

38. Triple P system population trial to prevent child maltreatment Sponsored by the US Centers for Disease Control and Prevention. Prinz, R. J., Sanders, M. : R., Shapiro, C. J., Whitaker, D. J., & Lutzker, J. R. (2009). Population--based prevention of child maltreatment: The U.S. Triple P System Population Trial. PreventionScience,10,1

39. Prevention Effects of Triple P systems in US counties Lower rates of child out-of-home placements Lower rates of child maltreatment injuries Slowed the growth of substantiated cases, compared with the control counties

40. Parenting interventions help child parents interactions Benefits to Child Child have less depression, disruptive behaviors, substance abuse and Delinquency Benefits to Parents Parents have less depression & anger Parents have less couple conflict, improved work functioning

41. Population based parenting programs Population based parenting programs can be effective They are very cost effective Principles of positive parenting appear to be cross culturally robust References: Re-evidence base and current research www.pfsc.uq.edu.au Re -training and disseminationwww.triplep.net

42. Need for Public Policy Public policy that supports good parenting remains essential to prevent maltreatment and improve the well being of children and young people International trials of triple P and culturally sensitive protocols

43. The absolute and total elimination of corporal punishment against boys and girls is a human rights perspective, that at present must be connected, as an aim with indicators, to compliance with the Sustainable Developmental Goals and the post 2015 agenda Maria Soledad Cisternas Reyes, Chair, Committee on the Rights of Persons with Disability, 2014

44. ISPCAN Denver Thinking space, March 2015 “Promoting Positive Parenting: Preventing Violence”.