Child In Hungu Allegedly Died Because Of Corporal Punishment & Activists Are Demanding Reforms From Prime Minister Imran Khan!

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Adnan Ali
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Child In Hungu Allegedly Died Because Of Corporal Punishment

A 12 year old child was allegedly tortured by his madrassah teacher 15 days ago in Tora Warai area of tehsil Thall in district Hangu. As reported by Tribal News Network (TNN), the alleged perpetrator,  Qari Inam Paracha resorted to violence against the child when the latter was unable to memorize his lesson. The madrassah teacher had reportedly left the child severely battered with multiple injuries.

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The injured child was shifted to a nearby hospital for treatment where he breathed his last on Tuesday.

While no police report has been filed against the perpetrator, an image of the child in Hungu draped in kaffan went viral on social media on Tuesday leading to instant outrage.

This has also sparked a debate among netizens about the absence of comprehensive child protection laws in most parts of Pakistan.

Isn’t Corporal Punishment Prohibited Under Law?

The answer to this question is both yes and no.

While Khyber Pakhtunkhwa and Sindh have laws that prohibit the use of corporal punishment, Punjab and Balochistan are yet to come up with a comprehensive bill for child protection.

That said, despite the Child Protection and Welfare Act 2010 being in place in Khyber Pakhtunkhwa, there have been multiple cases in the last year alone in the province where minors have lost their lives owing to corporal punishment at the hands of their caregivers and even family members.

In short, while the law is available on paper, no serious action has been taken so far to ensure its implementation.

Are Such Perpetrators of Corporal Punishment Ever Punished?

While cases against such teachers and other caregivers whose “disciplinary actions” resulted in grave damage to a child or his/her death have been reported to the police, very often they have eventually been allowed to go free owing to legal loopholes.

For instance, since most of the children who lose their lives owing to corporal punishment come from underprivileged communities, their families often hesitate to go to the police fearing their inability to afford the legal costs associated with lengthy criminal trials.

Similarly, in some cases, the families either take back their complain or forgive the perpetrator under diyat laws.

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Finally, Article 89 of the Pakistan Penal Code (PPC), contradicting the Child Protection laws of Khyber Pakhtunkhwa and Sindh, allows the use of “mild” corporal punishment for the welfare of the child. Article 89 does speak about exempting those from this relief whose actions lead to a child’s death, however even then, the “intention” of the perpetrator to kill the child has to be proven. In most cases, perpetrators are allowed to go free or with very minor consequences because an intention to kill the child could not be established before the court.

Ummmm…This is Seriously Messed Up! How Can This Ever be Fixed?

True, that there are a number of legal ambiguities that allow corporal punishment to flourish even in this time and age, however a few legal amendments can help curb this issue exponentially.

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For instance, Pakistan Youth Change Advocates (PYCA), a non-profit organization made immediate recommendations to the Prime Minister and the State Minster for Human Rights following the Hungu incident. These recommendations request the government to:

  • Ensure that laws prohibiting corporal punishment are in place in all the provinces as well as the center.
  • Take-up Madrassah regulation and reforms on priority.
  • Initiate behaviour change campaigns at the community and mass media level to change the society’s acceptance of corporal punishment.
  • Revise Article 89 of the Pakistan Penal Code to ensure that those responsible for corporal punishment related deaths can no longer hide behind the ambiguity of legal language; (and)
  • Ensure immediate and strict action against those who are found involved in using corporal punishment as a “disciplinary” tool.

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