Delhi: Mother ties 5-year-old on rooftop for not doing homework
09 Jun 2022
In a shocking incident reported from Delhi, a mother allegedly left her five-year-old child to suffer on the terrace in scorching heat for several minutes with her hands and legs tied for not completing her homework. A case was registered under Section 75 of the Juvenile Justice Act (punishment for cruelty to child) after the video of the incident went viral on the internet.
Why does this story matter?
Fact
There are several laws in the Constitution of India to safeguard children from physical and mental torture by teachers, mentors, and guardians. The fundamental right provided by Article 21 of the Constitution protects the Right to Life and Dignity of any individual, including the Right to Education for children up to 14 years of age. Corporal punishment hampers a child's morale and dignity.
Child was a student of Class 1
Khajuri Khas
The police said that initially the video was thought to be shot in the Karawal Nagar area. However, on inquiry, it was found that no such incident was reported from the area. The family were later traced to the Khajuri Khas area in the Northeast Delhi. The girl child was a student of Class I and lived with her parents in Tikhmirpur.
Mother claims she punished child for a short duration
Action
The Delhi Police posted on Twitter, "After a video of a girl child tied up on the roof of a house surfaced on social media, all possible efforts were made...to ascertain her identity and circumstances. The family of the child has been identified." Meanwhile, the girl's mother claimed that she had punished her only for five-seven minutes after she had not completed her homework.
Penalty for anyone who gives physical punishment to child
IPC Section 88
Any person who gives any sort of physical punishment to a child under the age of 15 is imposed with Indian Penal Code (IPC) Section 88 (act not intended to cause death, done by consent in good faith for person's benefit) and Section 89 (act done in good faith for benefit of a child or insane person, by or by consent of guardian).
What does Article 39 (e) of the Constitution state?
Tender age
Article 39 (e) of the Constitution directs to ensure "...the tender age of children are not abused." Several Indian Penal Code sections advocate the protection of a child against corporal punishment. These include 323 (punishment for voluntarily causing hurt), 325 (punishment for voluntarily causing grievous hurt), 326 (voluntarily causing grievous hurt), and 352 (punishment for assault or criminal force otherwise than on grave provocation).