Corporal Punishement in Ipc Project

March 21, 2019 | Author: Rishabh Singh | Category: Corporal Punishment In The Home, Punishments, Violence, Child Abuse, Aggression
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Rishabh singh, Roll no-201290 Sec-B Sem-3rd



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& hisher semester course in the sub(ect … )I+*……… during the academic year 2013-1 under my su'erision and guidance#

Signature o& &aculty



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# Bhagath ;umar and our  Registrar, +ro&#+#Sudha4ar, &or giing 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 




CORPORAL PUNISHMENT PUNISHMENT IN IPC  PUNISHMENT  <   < 'unishment is the authoritatie 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 remoal o& something desirable or 'leasant# /his is done in res'onse to a  behaiour 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# $egatie 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  'reention#

 HISTORY  HISTORY OF CORPORAL CORPORAL PUNISHMENT  PUNISHMENT  *or'oral 'unishment hae stay "ith human &or long times# ?e [email protected] "hen it "as started# In my o'inion, eery 'eo'le had hae 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 slae, or solider# In ancient times [email protected] hae 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 Medieal .uro'e, cor'oral 'unishment "as encouraged by attitude o& medieal church to"ard human body# /his had in&luence on school to use cor'oral 'unishment in school# In eleenth eleenth 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"eer 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& +riat +riatee Areder Arederic4 ic4 (ohn (ohn ?hite, ?hite, "ho died died a&ter a&ter a militar military y &logging in 1C and the death o& Reginald *ancellor, "ho "as 4illed by school master in 1C0# /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 1D0s, 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 aboe, 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


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 [email protected] 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 hae Reginald *ancellor in our "orld# CORPORAL PUNISHEMENT 

/he 'unishment "hich inoles bodily or 'hysical 'unishment "hich inoles 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 behaiour 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  'erienced cor'oral 'unishment are more li4ely to be aggressie to"ards their   'eers, to a''roe 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 resolee con&l con&lict ict and to be be aggressie to"ards their 'arents# /he reasons may include that aggression is a re&le>ie 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 '[email protected] behaiour# *hildren describe &eeling aggressie 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) (CRCCGC8) 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 Caanagh,  * o.ash,  (2007), "he m%rder of #hildren .- fathers in the #ontet 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, ae 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 &ie 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''roal al o& intimat intimatee 'artne 'artner  r  iolenc iolencee hae hae been been con&irm con&irmed ed in other other studies# studies# !ssoc !ssociati iations ons hae also been &ound  bet"een [email protected] e>'erience o& cor'oral 'unishment and their subse=uent e>'erience o&   'artner iolence as adult "omen and bet"een [email protected] 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 hae hae 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''roe o& its use#

MENTAL HARM AND INDIRECT PHYSICAL HARM Coror!" #$%&'()$* %& )(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 [email protected] mental health, including including "ith behaiour behaiour disorders, an>iety disorders, de'ression de'ression and ho'elessness# ho'elessness# ater studies studies hae &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 ntatie tie 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 hae 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 deelo'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 deelo'ing deelo'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 seerely 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 themseles &rom their mothers than t"o year 

6 mith, BR, * roo:s>G%nn, B (1&&7) Correlates and #onseD%en#es of harsh dis#i$line for -o%ng #hildren, r#hies 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 $%nishmentmaltreatment $%nishmentmalt reatment d%ring #hildhood and adH%stment in -o%ng ad%lthood, Child .%se and Negle#t 21! 617>30 8 II, " @ et al (2012), h-si#al %nishment and Eental isorders! Res%lts From a Nationall- Re$resentatie = 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 hae hae &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 aoid 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. ?hoeer 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$: SECTION 678A < +$ISM.$/ A%R *+!B. /% MR5.R < ?hoeer 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/ ?hoeer 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 Kgrieous ousK-K-- .mascul sculatio ation n Secondly--+ermanent 'riation o& the sight o& either eye# /hirdly--+ermanent 'riation o& the hearing hearing o& either either ear# Aourthl Aourthly-y--+ri +riati 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 Seenthly--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 seere bodily 'ain, or unable to &ollo" his ordinary  'ursuits#

SECTION 649 < %$/!RL *!SI$: R/ ?hoeer 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 Koluntarily to cause hurtK# SECTION 644 < %$/!RL *!SI$: :RI.%S R/ ?hoeer oluntarily causes hurt, i& the hurt "hich he intends to cause or 4no"s himsel&  to be li4ely to cause is grieous grieous hurt, and i& the hurt "hich he causes is grieous hurt, is said Koluntarily to cause grieous hurtK#


SECTION 646 < +$ISM.$/ A%R %$/!RL *!SI$: R/ ?hoeer, e>ce't in the case 'roided &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.!$S- ?hoeer, e>ce't in the case 'roided &or by section 33, oluntarily causes hurt by means o& any instrument &or shooting, stabbing or cutting, or any instrument "hich, used as a "ea'on o& o&&ence, is li4ely to cause death, or by means o& &ire or any heated substance, or by means o& any 'oison or any corrosie substance, or by means o&  any e>'losie substance, or by means o& any substance "hich it is deleterious to the human body to inhale, to s"allo", or to receie into the blood, or by means o& any animal, animal, shall be 'unished "ith im'risonment im'risonment o& either descri'tion descri'tion &or a term "hich may e>tend to three years, or "ith &ine, or "ith both# SECION 64: < +$ISM.$/ A%R %$/!RL *!SI$: :RI.%S R/ ?hoeer, e>ce't in the case 'roided &or by section 33J, oluntarily causes grieous hurt, shall be 'unished "ith im'risonment o& either descri'tion &or a term "hich may e>tend to seen years, and shall also be liable to &ine# SECTION 6:9 < !SS!/?hoeer 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 himher "ithout any la"&ul (usti&ication or "ithout any 'ro'er reason or  de&ence to do so can be 'unished under the aboe 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 eidence that cor'oral 'unishment is harm&ul to children, adults and societies is oer"helming < more than 1J0 studies sho" associations bet"een cor'oral 'unishment and a "ide range o& negatie outcomes, "hile no studies hae &ound eidence o& any  bene&its# *or'oral 'unishment causes direct 'hysical harm to children and im'acts negatiely in the short- and long-term on their mental and 'hysical health, education and

& ndian $enal #ode, .are a#t, %niersal $ 13

cognit cognitie ie deelo deelo'me 'ment# nt# Aar &rom teachin teaching g childr children en ho" to behae behae,, it im'airs im'airs moral moral interna internalisa lisatio tion, n, increas increases es antiso antisocial cial behai behaiour 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 [email protected] rights to 'rotection, health, deelo'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 alternaties "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 eery time# In earlier times 'arents or  teachers use to beat children &or their mista4es "hich gies them a 'ositie result but as the time is changing so "e need to change our thin4ing and mentality too#

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