Corporal Punishement in Ipc Project
Short Description
corporal punishment...
Description
A PROJECT PROJECT REPORT ON “CORPORAL PUNISHMENT IN IPC”
Submitted by,
Rishabh singh, Roll no-201290 Sec-B Sem-3rd
1
CERTIFICATE
I, Mr…RIS!B… "ith Reg#$o…201290… %& …IIIrd … Semester has 're'ared the 'ro(ect on… )*%R+%R! +$IS.M.$/ I$ I+*……………………… I+*……………………… In 'artial &ul&ilment o& hisher semester course in the sub(ect … )I+*……… during the academic year 2013-1 under my su'erision and guidance#
Signature o& &aculty
2
ACKNOWLEDEGEMENT
I, Rishabh "ould li4e to ta4e this o''ortunity to than4 5R# 6 uma rao 7*ontracts &aculty8 &or hel'ing and guiding me in com'leting my 'ro(ect#
I "ould also li4e to than4 our ice-*hancellor, +ro& #R#:#B# Bhagath ;umar and our Registrar, +ro&#+#Sudha4ar, &or giing me this o''ortunity to do a detailed study on the urban social 'roblems# astly I "ould li4e to than4 my &riends &or their e&&icient hel' and co-o'eration in hel'ing me com'lete my 'ro(ect "or4
3
TABLE OF INDEX HISTORY OF CORPORAL PUNISHMENT CORPORAL PUNISHEMENT CONSEQUENCES OF CORPORAL PUNISHMENT EFFECT OF CORPORAL PUNISHMENT INCREASED AGRESSION IN CHILDREN MENTAL MENTAL HARM AND AND INDIRECT PHYSICAL HARM DAMAGE TO THE PARENT CHILD RELATIONSHIP CONCLUSION
4
CORPORAL PUNISHMENT PUNISHMENT IN IPC PUNISHMENT < < 'unishment is the authoritatie im'osition o& something undesirable or un'leasant on a 'erson or grou' o& 'eo'le, such as &ine 'enalty or con&inement#it may similarly entail the remoal o& something desirable or 'leasant# /his is done in res'onse to a behaiour deemed unacce'table by an authority "ho has the inclination and 'o"er to en&orce a certain standards# /he authority may be a grou' or a single 'erson, and 'unishment may be carried out &ormally under a system o& la" or in&ormally in other 4inds o& social settings such as in &amily# $egatie conse=uences that are not authorised or that are administered "ithout a breach o& rules are not considered to be 'unishment as de&ined# /he study and 'ractice 'racti ce o& the 'unishment o& crimes 'articularly as it a''lies to im'risonment, is called 'enology or o&ten in modern te>ts, corrections in this conte>t, the 'unishment 'rocess is eu'hemistically called )corr )correct ectio iona nall 'roc 'roces esss resea research rch into into 'uni 'unish shme ment nt o&te o&ten n inclu include dess simil similar ar resea research rch into into 'reention#
HISTORY HISTORY OF CORPORAL CORPORAL PUNISHMENT PUNISHMENT *or'oral 'unishment hae stay "ith human &or long times# ?e don@t "hen it "as started# In my o'inion, eery 'eo'le had hae learn le arn ancient :ree4, Rome, and .gy't stories# ?e can see that many 'eo'le "ere used &or build the 'alace, to be slae, or solider# In ancient times doesn@t hae e=ui'ment li4e 'resent# ?e has technology to build house, do house "or4, or &ight# So, they use human to ma4e the thing that they "ant# In Medieal .uro'e, cor'oral 'unishment "as encouraged by attitude o& medieal church to"ard human body# /his had in&luence on school to use cor'oral 'unishment in school# In eleenth eleenth century Saint !nselm !nselm o& !rchbisho' !rchbisho' o& *anterbury *anterbury "as s'ea4ing s'ea4ing against the thing that he sa"# e thought that it cannot acce't 'eo'le "ho use cor'oral 'unishment to children# o"eer in still continued until nineteenth century in .uro'e and $orth !merica# Most 'eo'le thought about cor'oral 'unishment "as an serious 'roblem, because it had t"o signi& signi&ican icantt cases, cases, the death o& +riat +riatee Areder Arederic4 ic4 (ohn (ohn ?hite, ?hite, "ho died died a&ter a&ter a militar military y &logging in 1C and the death o& Reginald *ancellor, "ho "as 4illed by school master in 1C0# /hat made cor'oral 'unishment in Britain un'o'ular# So, many countries made the la" to 'rotect 'eo'le "ho get cor'oral 'unishment# In the 1D0s, courts in the nited "as cancel the rule that husband had the right to use cor'oral 'unishment his "i&e in order to 4ee' his "i&e did her o"n duty# So, cor'oral 'unishment 'unishment had been "ith human &or the long times# In the 'aragra'h 'aragra'h aboe, I already sho" 'art o& cor'oral 'unishment that is in common "ith us# Because it sho"ing that 'eo'le are al"ays using cor'oral 'unishment to 'eo'le in their o"n control li4e it is normal
5
to do it# !lso, 'eo'le are continuing doing because they can see 'eo'le in the 'ast "as doing the same thing# I same li4e "e are continue doing it because it is still success to doing it# .en though many 'eo'le are saying that using cor'oral 'unishment isn@t right thing to do# But "hen 'eo'le sa" other 'eo'le harm children because they are &ather and child# ?e are sto''ing to hel' that 4id# It has only &eel 'eo'le "ho try to hel' those 4ids# I& "e hel' 'eo'le "ho get cor'oral 'unishment "e "ould not hae Reginald *ancellor in our "orld# CORPORAL PUNISHEMENT
/he 'unishment "hich inoles bodily or 'hysical 'unishment "hich inoles the deliberate in&liction o& 'ain as retribution &or an o&&ence, or &or the 'ur'ose o& inducing disci'line or re&orming a "rongdoer, or to deter attitudes or behaiour deemed unacce'table# /he term usually re&ers to methodically stri4ing the o&&ender "ith the o'en hand or "ith an im'lement, "hether in (udicial domestic, or educational institutional# /here are 3 ty'es o& cor'oral 'unishment
DOMESTIC CORPORAL CORPORAL PUNISHMENT PUNISHMENT SCHOOL CORPORAL CORPORAL PUNISHMENT PUNISHMENT JUDICIAL CORPORAL CORPORAL PUNISHMENT PUNISHMENT
•
DOMESTIC CORPORAL CORPORAL PUNISHMENT PUNISHMENT 'erienced cor'oral 'unishment are more li4ely to be aggressie to"ards their 'eers, to a''roe o& the use o& iolence in 'eer relationshi's, relat ionshi's, to bully and to e>'erience iolenc iolencee &rom &rom their their 'eers 'eers,, to use use iol iolent ent method methodss to resol resolee con&l con&lict ict and to be be aggressie to"ards their 'arents# /he reasons may include that aggression is a re&le>ie res'onse to e>'eriencing 'ain, that children learn that iolence is an a''ro'riate method o& getting "hat you "ant and that children co'y their 'arents@ behaiour# *hildren describe &eeling aggressie a&ter being 'hysically 'unished#
1 Committee on the Rights of the Child (2006), General Comment No 8! "he right of the #hild to $rote#tion from #or$oral $%nishment and other #r%el or degrading forms of $%nishment (arts 1&' 28, $ara 2' and 37, inter alia) (CRCCGC8) 2 * "ro#m+, N (2013), h-si#al .%se and h-si#al %nishment in Canada, Child Canadian /elfare Resear#h ortal nformation heet 122 3 Caanagh, * o.ash, (2007), "he m%rder of #hildren .- fathers in the #ontet of #hild a.%se, Child .%se * Negle#t, 31! 731946 4 o..s, " (2005) nsights! #hildren * -o%ng $eo$le s$ea: o%t a.o%t famildis#i$line, ae the Children Ne; 'erience nce o& cor'or cor'oral al 'unishme 'unishment nt as a child child "as associat associated ed "ith iolence iolence to"ards a 'artner or child as an adult in all &ie studies on the to'ic included in the metaanalys analysis# is# /he /he associat association ionss "ith "ith both both 'er'et 'er'etrati ration on and a''ro a''roal al o& intimat intimatee 'artne 'artner r iolenc iolencee hae hae been been con&irm con&irmed ed in other other studies# studies# !ssoc !ssociati iations ons hae also been &ound bet"een girls@ e>'erience o& cor'oral 'unishment and their subse=uent e>'erience o& 'artner iolence as adult "omen and bet"een boys@ e>'erience o& cor'oral 'unishment and their subse=uent ine=uitable gender attitudes as adult men# C
5 "a-lor, C et al (2012), =se of $an:ing for 3>?ear>@ld Children and sso#iated ntimate artner ggression or Aiolen#e, ediatri#s 126(3), 415>424 10
*or' *or'or oral al 'uni 'unishm shmen entt 'er' 'er'et etua uate tess itsel itsel&# &# !dult dultss "ho "ho hae hae e>'e e>'erie rienc nced ed cor' cor'or oral al 'unishment are more li4ely to in&lict it on their o"n children and children "ho e>'erience it are more li4ely to a''roe o& its use#
MENTAL HARM AND INDIRECT PHYSICAL HARM Coror!" #$%&'()$* %& )(o*%o$!""+ !& )"" !& '+&%-!""+ !%$.#" !$/ %*& "%$0& *o oor ()$*!" ')!"*' %$ -'%"/'oo/ !r) -")!r # In a ma(or meta-analysis, all 12 studies &ound that cor'oral 'unishment is signi&icantly associated "ith a decrease in children@s mental health, including including "ith behaiour behaiour disorders, an>iety disorders, de'ression de'ression and ho'elessness# ho'elessness# ater studies studies hae &ound associations associations "ith suicide suicide attem'ts, alcohol alcohol and drug de'endency, lo" lo" sel&-esteem, sel&-estee m, hostility and emotional instability# instabilit y#D T') !&&o-%!*%o$& 'o"/ *r#) %$ !/#"*'oo/1 !ll eight studies on mental health in adulthood in the meta-analysis &ound an association bet"een cor'oral 'unishment and 'oor mental health, including lo" sel&-esteem, de'ress de'ression ion,, alcoho alcoholis lism, m, sel&-ha sel&-harm rm and suicid suicidal al tenden tendencies cies## Signi& Signi&ican icantt later later studie studiess include include a nation nationally ally re'rese re'resenta ntatie tie S study study "hich "hich &ound &ound associa associatio tions ns "ith "ith ma(or ma(or de'ression, mania, an>iety disorders, alcohol and drug abuse and 'ersonality disorders# T')&) $)2!*%3) )..)-*& (!+ !"&o %(!-* o$ '+&%-!" ')!"*' # !ssociations hae been &ound bet"een cor'oral 'unishment and children &eeling that their health "as 'oor, e>'eriencing 'hysical illnesses such as asthma, su&&ering in(uries and accidents, being hos'italised and deelo'ing habits "hich 'ut their health at ris4, such as smo4ing, &ighting "ith others and alcohol consum'tion# /he e&&ect may continue continue into adulthoodF adulthoodF one study &ound associations associations "ith deelo'ing deelo'ing cancer, cancer, asthma or cardiac disease as an adult DAMAGE TO THE PARENT CHILD RELATIONSHIP
*or'oral 'unishment in&licted on a child by her or his 'arents can seerely damage the 'arent-child relationshi'# In the meta-analysis, all 13 studies on the to'ic &ound an association bet"een cor'oral 'unishment and a decrease in the =uality o& the 'arent-child relationshi'# %ne o& the studies &ound that t"o year olds "ho "ere 'hysically 'unished by their mothers "ere more li4ely to distance themseles &rom their mothers than t"o year
6 mith, BR, * roo:s>G%nn, B (1&&7) Correlates and #onseD%en#es of harsh dis#i$line for -o%ng #hildren, r#hies of ediatri#s * doles#ent Eedi#ine, 151(8)!777>786 7 Ferg%sson, E and -ns:e-, -ns:e-, E" E" (1&&7) h-si#al $%nishmentmaltreatment $%nishmentmalt reatment d%ring #hildhood and adH%stment in -o%ng ad%lthood, Child .%se and Negle#t 21! 617>30 8 II, " @ et al (2012), h-si#al %nishment and Eental isorders! Res%lts From a Nationall- Re$resentatie = am$le, ediatri#s, 2 B%l- 2012 11
olds olds "ho "ho "ere "ere not not 'hy 'hysicall sically y 'uni 'unish shed ed## ate aterr stud studies ies hae hae &oun &ound d that that cor' cor'or oral al 'unishment is associated "ith 'oor attachment by babies to their mothers and "ith 'oor &amily relationshi' relationshi'ss in adolescence adolescence and young young adulthood# adulthood# *or'oral *or'oral 'unishment 'unishment can teach children to &ear and aoid their 'arentsF children re'ort &eeling hurt, angry and &rightened o& their 'arents a&ter being 'hysically 'unished#
SECTION OF IPC DEALIN !ITH PUNISHEMENT PUNISHEMENT IF SOMEONE USES CORPORAL PUNISHMENT OR PHYSICAL PUNISHMENT SECTION 455 < *!+!B. %MI*I5. ?hoeer causes death by doing an act "ith the intention o& causing death, or "ith the intention o& causing such bodily in(ury as is li4ely to cause death, or "ith the 4no"ledge that he is li4ely by such act to cause death, commits the o&&ence o& cul'able homicide#
*+!B. %MI*I5. $%/ !M%$/I$: !M%$/I$: SECTION 678A < +$ISM.$/ A%R *+!B. /% MR5.R < ?hoeer causes the death o& any 'erson by doing any rash or negligent act not amounting to cul'able homicide, shall be 'unished "ith im'risonment o& either descri'tion &or a term "hich may e>tend to t"o years, or "ith &ine, or "ith both
SECTION 695 < R/ ?hoeer causes bodily 'ain, disease or in&irmity to any 'erson is said to cause hurt# SECTION 647 < :RI.%S R/ /he &ollo" &ollo"ing ing 4inds 4inds o& hurt hurt only only are design designated ated as Kgrie Kgrieous ousK-K-- Airst-Airst--.ma .mascul sculatio ation n Secondly--+ermanent 'riation o& the sight o& either eye# /hirdly--+ermanent 'riation o& the hearing hearing o& either either ear# Aourthl Aourthly-y--+ri +riati ation on o& any member member or (oint# (oint# Ai&thl Ai&thly-y-5estruction 5estruction or 'ermanent 'ermanent im'airing im'airing o& the 'o"ers o& any member or (oint# (oint# Si>thly-Si>thly-+ermanent dis&iguration o& the head head or &ace Seenthly--Aracture or dislocation o& a bone or tooth .ighthly--! .ighthly--!ny ny hurt "hich endange endangers rs li&e or "hich causes the su&&erer su&&erer to be during the s'ace o& t"enty days in seere bodily 'ain, or unable to &ollo" his ordinary 'ursuits#
SECTION 649 < %$/!RL *!SI$: R/ ?hoeer does any act "ith the intention o& thereby causing hurt to any 'erson, or "ith the 4no"ledge that he is li4ely thereby to cause hurt to any 'erson, and does thereby cause hurt to any 'erson, is said Koluntarily to cause hurtK# SECTION 644 < %$/!RL *!SI$: :RI.%S R/ ?hoeer oluntarily causes hurt, i& the hurt "hich he intends to cause or 4no"s himsel& to be li4ely to cause is grieous grieous hurt, and i& the hurt "hich he causes is grieous hurt, is said Koluntarily to cause grieous hurtK#
12
SECTION 646 < +$ISM.$/ A%R %$/!RL *!SI$: R/ ?hoeer, e>ce't in the case 'roided &or by section 33, oluntarily causes hurt, shall be 'unished "ith im'risonment o& either descri'tion &or a term "hich may e>tend to one year, or "ith &ine "hich may e>tend to one thousand ru'ees, or "ith both# SECTION 648 < %$/!RL *!SI$: R/ BL 5!$:.R%S ?.!+%$S %R M.!$S- ?hoeer, e>ce't in the case 'roided &or by section 33, oluntarily causes hurt by means o& any instrument &or shooting, stabbing or cutting, or any instrument "hich, used as a "ea'on o& o&&ence, is li4ely to cause death, or by means o& &ire or any heated substance, or by means o& any 'oison or any corrosie substance, or by means o& any e>'losie substance, or by means o& any substance "hich it is deleterious to the human body to inhale, to s"allo", or to receie into the blood, or by means o& any animal, animal, shall be 'unished "ith im'risonment im'risonment o& either descri'tion descri'tion &or a term "hich may e>tend to three years, or "ith &ine, or "ith both# SECION 64: < +$ISM.$/ A%R %$/!RL *!SI$: :RI.%S R/ ?hoeer, e>ce't in the case 'roided &or by section 33J, oluntarily causes grieous hurt, shall be 'unished "ith im'risonment o& either descri'tion &or a term "hich may e>tend to seen years, and shall also be liable to &ine# SECTION 6:9 < !SS!/?hoeer ma4es any gesture, or any 're'aration intending or 4no"ing it to be li4ely that such gesture or 're'aration "ill cause any 'erson 'resent to a''rehend that he "ho ma4es that gesture or 're'aration is about to use criminal &orce to that 'erson, is said to commit an assault#
/his are the section under "hich any 'erson "ho beats another 'erson or in&licts cor'oral 'unishment to himher "ithout any la"&ul (usti&ication or "ithout any 'ro'er reason or de&ence to do so can be 'unished under the aboe mentioned section and can be 'unished by the court o& la"# %ur Indian constitution has made cor'oral 'unishment as a crime and it is 'unishable under the Indian 'enal code# 9
CONCLUSION /he eidence that cor'oral 'unishment is harm&ul to children, adults and societies is oer"helming < more than 1J0 studies sho" associations bet"een cor'oral 'unishment and a "ide range o& negatie outcomes, "hile no studies hae &ound eidence o& any bene&its# *or'oral 'unishment causes direct 'hysical harm to children and im'acts negatiely in the short- and long-term on their mental and 'hysical health, education and
& ndian $enal #ode, .are a#t, %niersal $%.li#ation 13
cognit cognitie ie deelo deelo'me 'ment# nt# Aar &rom teachin teaching g childr children en ho" to behae behae,, it im'airs im'airs moral moral interna internalisa lisatio tion, n, increas increases es antiso antisocial cial behai behaiour our and damage damagess &amily &amily relatio relationsh nshi's i's## It increases aggression in children, is lin4ed to intimate 'artner iolence and ine=uitable gender attitudes and increases the li4elihood o& 'er'etrating and e>'eriencing iolence as an adult# Res'ect &or children@s rights to 'rotection, health, deelo'ment and education re=uires that all cor'oral 'unishment o& children be 'rohibited in la" and eliminated in 'ractice# ?e should be concerned about children ta4ing a"ay &rom their e>'erience o& cor'oral 'unishment the message that 'hysical iolence is an acce'table res'onse to disagr disagreeme eement nt and con&lic con&lict# t# /o combat combat the 'roblem 'roblem o& "ides' "ides'read read recour recourse se to nonnonconsensual 'hysical iolence in South !&rica, "e need as &ar as 'ossible to discourage such iolence, and to abolish 'ractices children may construe as an endorsement o& it, such as cor'oral 'unishment# ence in my o'inion cor'oral 'unishment should not be made a medium to change a 'erson or to 'unish a 'erson# /here are also many man y other "ays and alternaties "hich "e can try to change 'erson mentality and ideology to"ards a 'articular thing# Sometimes it is necessary but it should not be 'racticed each and eery time# In earlier times 'arents or teachers use to beat children &or their mista4es "hich gies them a 'ositie result but as the time is changing so "e need to change our thin4ing and mentality too#
"I"LIORAPHY "I"LIORAPHY G!#r, K1D1, I$/%!$ )$!" -o/), : *' )/%*%o$,477;, #$%3)r&!" #%&& $) $)>% >%&&
View more...
Comments
