Development of Children and Punishments; A Review on the Legal Framework Pertaining to the Imposition of Corporeal Punishments in Schools

Abstract

Corporeal punishments can be identified as an act of coercion that is utilized to ensure compliance and discipline, which can be traced a long way back in history. It is quite well known that the same is used in various degrees to discipline children at schools and even within the unit of family. However, research suggest that such punishments may lead to devastating negative effects on the well-being of children. Thus, the claims made suggesting the fact that punishments are imposed in the best interests of the children and thereby contribute to the effective development of children may be considered to be ineffective due to lack of evidence and due the severity of the consequences of imposing corporeal punishments. Thus, the purpose of this research was to conduct a dialogue on the capability of the branch of criminal law to ensure protection for children against acts of violence within the school system. To achieve the said objective, the application of Sections 308A (1995 Amendment) and 341 of the Penal Code, among various other legal instruments within the Sri Lanka jurisdiction, were considered through utilizing the epistemological approach and the black letter approach of qualitative research. The research findings exemplified the fact that the relevant Sections which were considered within the purview of the present research has potential in terms of ensuring protection for children from acts of cruelty within educational institutions, especially schools, yet, with room for improvement.