The rule of law counts on the reign of law above all else.
Yet, law like an unruly horse must be tamed by fixed and predictable limits. This is a moral rule writ large. Governments across time and space have objectives to accomplish with their laws. Consequently, authorities employ the best possible means of attaining their goals. Though, some might inflict inflexible legal sanctions on alleged culprits of such depraved vices.
Education Cabinet Secretary George Magoha has hinted at ending high school fires and other rising teenage offences by bringing the cane, a form of corporal punishment, back to the table. However, such measures might fall short with striking failure. In this context, questions of unspeakable importance should instead be determining how the mind of a child works, why does it work in such a way and from these joint considerations, what’s a child’s ultimate nature?
Experience shows that unyielding legal sanctions crumble under their own weight. Inflicting obstinate sanctions by the state to rein in on such vices may amplify the problem as offenders find it difficult to distinguish between a sheep and a lamb. In such cases, the law would have overreached itself, a result that may well be served by maintaining the status quo. This stark conclusion portrays the tragic truth of our time.
There are proverbial gaunt narratives illustrating that routine techniques the law might employ can sometimes plainly miscarry. There are confines that the law can accomplish given that some of its devices are pointless and counter-productive just as others aggravate the dilemmas they are thought to determine.
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Disquiet abounds publicly and globally regarding the consequences of corporal punishment upon children. In particular, its significance in their capacity to benefit from school experience. This is vital now that corporal punishment is regarded as a public health concern. Yet, punishment in different packages is still commonly served in schools and other institutions of learning globally, regardless of its constitutional and statutory prohibition.
International laws, norms, standards and good practices abound which seek to protect children from all forms of physical or mental violence anchored by the UN Convention on the Rights of the Child. Our constitution has a catena of provisions grounded by Article 53 for the purpose of safe-guarding the safety of children from cruelty and corporal punishment. It is important that the State takes positive steps along with prohibition to spread awareness and mass education to promote positive discipline, at home, in school and the community.
The soaring campaigns to deal with such wayward behaviour of children in and out of schools have habitually attracted attention to non-issues. The debate is smooth as butter and softer than oil, yet its implication is like a drawn sword. Children are the future of a nation.
The use of bodily force with the objective of inflicting some measure of pain and distress on the victim amounts to corporal punishment. It includes beating, smacking, slapping and spanking. Abstract but brutal and undignified forms of punishments like blackmailing, deriding, disparaging, humiliating, intimidating, endangering or ridiculing victims also fall within this meaning.
The government must ensure termination of corporal punishment in schools and that children should receive education in an environment of freedom and dignity, free from fear. It is essential, therefore, to support constructive engagement that imparts discipline in a manner which advances good learning practices.
It is thus imperative to tame corporal violence not only in schools but also in other settings. The hierarchy of dominance insulating adults employing degrading modes of punishment with excuses needs to be disputed and confronted.
The existing body of evidence regarding the harmful physical and psychological effects of corporal punishment and other modes of cruelty in childhood and in later life is persuasive enough to denounce such inclination. Sweden, the first country to pass a law against any form of corporal punishment, saw a significant reduction in certain crime rates subsequent to the ban.
It is, therefore, important to address school traditions, systems and structures. Smaller class sizes, narrowing teacher-student ratio and the introduction of full-time counsellors in schools will be a good foundation. Improved and adequately resourced classrooms providing support for teachers to develop a repertoire of classroom management skills related to alternative approaches to discipline such as non-violence, valuable communication skills and alternative dispute and conflict resolution methodologies will address tensions and violence significantly.
How broad education policies are implemented, received and experienced by children, families, and teachers is crucial. Inclusion of suitable concepts of juvenile delinquency in school curriculum may create positive awareness among pupils and students. A Child Rights Cell in the form of drop boxes where children can lodge complaints is a good idea that must be set up in all schools.
Dr Nyatundo is a legal scholar in India. georgeprasam@gmail.com. Dr Asande is a lecturer at, School of Law, University of Embu. fema2005@rediffmail.com
