Rani, 7, a
class 3 student of Kendra Vidyalaya School in Ashok Nagar, Chennai, was
talking to her classmates as their teacher was absent when suddenly a
lungi-clad man entered her room and forcibly carried her out.
Rani was taken to the school laboratory where she was sexually abused in
the presence of a woman teacher. When a stunned Rani cried out in pain,
they stuffed a cloth into her mouth and threatened to kill her if she
told anyone about the incident.
If this is not shocking enough, consider the fact that
as many as 91 school children have committed suicide
due to physical, mental and sexual abuse during the
last five years in Tamil Nadu (Source: Dr Vasanthi
Devi, former chairperson of State Commission for
Women).
These startling revelations came up during a recent
public hearing on sexual abuse, corporal punishment
and all forms of torture and neglect of children in
schools and hostels in Tamil Nadu.
The hearing, which was held in January in Chennai by
the National Commission for Protection of Child Rights
(NCPCR) in the presence of state education and police
department officials, was in response to an appeal
from a coalition of 20 Tamil Nadu-based non
governmental organizations (NGOs). The jury, led by
NCPCR chairperson Shantha Sinha, comprised Dipa Dixit,
member NCPCR; Justice H. Suresh, former judge, Mumbai
High Court; Ashutosh Dharmadhikari, advocate, Nagpur
Bench of Mumbai High Court; Dr Vasanthi Devi, former
chairperson, State Commission for Women; and Dr S. S.
Rajagopalan, educationist. Over 50 students from about
40 schools in the state, along with their parents and
relatives, voiced their grievances.
Of the 53 cases heard, 19 were about the death of
children due to suicide or negligence; 26 were about
infliction of corporal punishment in schools of which
in 10 cases the children had committed suicide; and
there were eight cases of rape/sexual assault.
"All forms of corporal punishment and abuse are a
fundamental breach of human rights. Corporal
punishment in schools, both government and private, is
illegal. But it is deeply ingrained as a tool to
discipline children and as normal action. A slap is as
detrimental to the child's rights as grievous injury.
Condoning so called 'small acts' actually leads to
gross violations. The responsibility in safeguarding
children from punishment lies equally with the
school's teachers, education administration at all
levels as well as all those responsible for
management," said Sinha.
Unfortunately, most of the cases the jury heard had
either been hushed up or given a ruling in favor of
the offenders. In fact, it's the arrogance of power,
lack of compassion and denial of rights that led Baby
to suicide.
Sisters Surbhi and Baby (names changed), students of
class 10 and 9, respectively, were studying at the
Kaverirangan Higher Secondary School. When Surbhi
fractured her hand after she was brutally beaten by
her teacher, the parents filed a formal complaint with
the school headmistress and the District Educational
Officer (DEO). However, Surbhi's father agreed to a
compromise with the authorities on the assurance that
there would be no violence against his children in the
future.
However, it turned out to be a false promise, as not
only was Baby, a good student, victimized, she was
also threatened with demotion. In fact, she was failed
in her final exam. Shocked, her parents decided to
withdraw her from the school. When Baby and her mother
went to collect the transfer certificate, the Head
Master refused to give it and abused them in front of
everyone. After returning home, a traumatized Baby
hanged herself in the prayer room on June 21, 2007.
Although a complaint has been filed in the police
station, no action has been taken against the persons
responsible for her death so far.
In the case of Vani, 12, the police and school
management of Hindu Nadar Higher Secondary School in
Virudhunagar district ganged up to intimidate and
prevent her from complaining against the brutal
punishment meted to her said Balu, father of the class
6 student.
Balu, who testified at the hearing, said that his
daughter was beaten with a branch of a coconut tree by
her class teacher for not studying a poem. After that
she was taken to the staff room where other teachers
joined in slapping her repeatedly. Unable to take the
physical torture, Vani fainted. When she regained
consciousness she was told by her classmates that she
was administered two bottles of glucose intravenously
in the teacher's staff room, while she was in a state
of semi-consciousness.
Vani's parents got to know about the incident only
after a few days. Although they filed a complaint with
the Thalavaipuram Police Station in Virudhunagar with
the help of People's Watch, a Madurai-based NGO, no
action has been taken yet.
After hearing out the victims, the NCPCR, which used
its powers of a civil court to summon the District
Collector, Superintendent of Police (SP), and
education officer of each district to the hearing, has
directed the DOE and police to reinvestigate and
process the cases.
It has recommended that in any case of child sexual
abuse, if the parent withdraws the case, the
government must take cognizance of the offence. It
must take strict action against the accused without
harming the child. More importantly, it directed that
every case of suicide be treated as 'abetment of
suicide', and the management of the institution be
held accountable. In case of suicide, sexual
harassment or hospitalization arising out of assault
at the hands of the teacher(s), the accused be
suspended pending enquiry.
The NCPCR has said that the institution
(school/hostel/children's home) should be held
responsible for the welfare of the children enrolled
with it. Therefore, it will be held responsible for
any case of injury, ill-health, assault or death of
the children. Also, the management has to pay
compensation in the event of death, injury or hospitalization of any child due to an incident within
the institution.
While these recommendations will go a long way to
protect children, it will need greater partnership
between parents, teachers and school authorities to
ensure the recommendations are implemented in their
true spirit so that the students are allowed to enjoy
learning, fearlessly.
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