IHC places ban on corporal punishment in schools

ISLAMABAD: The Islamabad High Court banned on Thursday corporal punishment in the schools under the federal government.

The High Court heard the case on the petition of singer Shehzad Roy, who has been involved in activism regarding education reforms since years.

In his petition, Roy asked the court to abolish Section 89 of the Pakistan Penal Code (PPC), which allows parents, guardians and teachers to use corporal punishment in "good faith”.

IHC Chief Justice Athar Minallah, who was presiding over the case, remarked that Parliament had also been working on a bill on corporal punishment.

During the hearing, Roy, through his lawyer, informed the court that a child had passed away in Lahore due to corporal punishment.

Roy’s lawyer said that the parliament can continue the work on the passing of the bill but the punishment should be banned.

IHC judge Minallah said that the Article 14 of the constitution grants children the right to dignity and respect.

Justice Minallah subsequently suspended Section 89 of the PPC in the federal capital territory until the case's conclusion and ordered the government to submit its reply to the petition by March 5.

Speaking to Geo Pakistan, Roy appreciated the order and thanked the court for enforcing a temporary ban on the matter till the case’s proceedings come to a conclusion.

“We have a law in Sindh, but apart from that, we don’t have a law anywhere in Pakistan banning beating of children in schools, there are only executive orders present,” said the singer.

Section 89 of the Pakistan Penal Code

Act done In good faith for benefit of child or insane person, by or by consent of guardian:

Nothing which is done in good faith for the benefit of a person under twelve years of age, or of unsound mind, by or by consent, either express or implied, of the guardian or other person having lawful charge of that person, is an offence by reason of any harm which it may cause, or be intended by the doer to cause or be known by the doer to be likely to cause to that person:

Provided

First: That this exception shall not extend to the intentional causing of death, or to the attempting to cause death;

Secondly: That this exception shall not extend to the doing of anything which the person doing it knows to be likely to cause death, for any purpose other than the preventing of death or grievous hurt; or the curing of any grievous disease or infirmity;

Thirdly: That this exception shall not extend to the voluntary causing of grievous hurt, or to the attempting to cause grievous hurt, unless it be for the purpose of preventing death or grievous hurt, or the curing of any grievous disease or infirmity;

Fourthly: That this exception shall not extend to the abetment of any offence, to the committing of which offence it would not extend.