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Volume No - 13     Issue No - 24

Elimination of the practice of Corporal Punishment may not be achieved through isolated incidents, but a profound understanding by those entrusted with the care of children that violence is not a justifiable means to the end of discipline. Cruelty, violence, physical harm, particularly in the view of setting an example is condemned by all major faiths of our country, which forms the bedrock of our culture.If teachers aim to instill self-discipline and non-violence in children, they must set the example by instilling the same values in themselves. While this is difficult practice, if one is to expect this of children, they are to reflect it and expect it of themselves. It is imperative that we do not, as a State, condone behavior as in the instant case as it is detrimental to the growth of a child and is to be construed as cruel or degrading treatment. Considering the Petition, Affidavit and Written Submission of the Petitioners and the Respondent as well as the submissions made by the Counsel, I find that the Fundamental Rights of the Child Petitioner enshrined in Article 11 of the Constitution have been violated by the 1st Respondent and the State. After careful examination of all facts and relevant matters, especially a permanent lifelong damage to the Child Petitioner’s hearing ability, I order compensation of One Hundred and Fifty Thousand Rupees from the 1st Respondent to the Child Petitioner and a further sum of Five Hundred Thousand Rupees by the State to be paid to the Child Petitioner. The aforementioned sum is to be paid within 6 months from the date of this judgement.

Judgement as it is

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