SHRIPAL JAIN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Based on myriad news items referring to corporal punishment inflicted on the children attending school in Sojat (Pali), Jaipur, Bikaner, Jhalawar, Bhilwara, from time to time, this P.I.L. has been filed seeking inter alia a writ of mandamus or any other writ, order or direction to the State of Rajasthan to implement the Commission for Protection of Child Rights Act, 2005 (for short 'the Act'). Apart from the main relief as detailed herein above, general directions have also been sought against the State to take immediate and effective action in conformity with the booklet (Schedule-B) "CHILD PROTECTION" issued by the Govt. of India and to issue a writ of mandamus or any other writ, order or direction to the State of Rajasthan to direct the teachers imparting education to the students in Govt. Schools not to impose corporal punishments upon the students. Certain other reliefs have also been sought. It is stated that the United Nations of General Assembly in its Summit of 1990 adopted a declaration of Survival, Protection and Development of Survival, Protection and Development of Children to which India is one of the signatories. The petitioner also has referred the booklet titled as "Child Protection" laying down guidelines for teachers.

(2.) On notices being served, the State of Rajasthan has filed a detailed reply pointing out hat the State Govt. has taken effective steps to enforce restrictions on corporal and mental punishment and harassment to the students by the teachers. A reference has been made to various instructions issued by the State Govt. from time to time such as on 21.8.1989, 8.5.1996, 20.11.97, 20.9.2007, 15.5.2008, copies of which have been annexed to the reply by the State. The State has very correctly pointed out that whenever reports with respect of any contravention of law and guidelines are brought to the notice of the competent authorities, requisite inquiries are made and action is taken. In support of its say, the State has referred to the action taken/advisory issued on specific cases of corporal punishments or harassment of children as on 19.1.2009, 31.1.2009, 8.4.2009, 8.6.2009, 7.7.2009, 15.2.2011 and 17.2.2011, and placed the said orders on record. The State has further submitted that the Act of 2005 has been made applicable and State Authorities are taking prompt action if any contravention by a teacher or any other employee of the school in committing an offence either mental or physical, on a child, is brought to the notice of the competent authority. It has been submitted that the Woman and Child Development Department of the State of Rajasthan, is responsible for ensuring protection of children under the Act of 2005 and that under the Notification dated 23.2.2010, the Rajasthan Commission for Protection of Child Rights as required under the Act of 2005 has been constituted and presently one Shri B.B. Mohanty, IAS is working as Chairman of the Commission.

(3.) Having heard learned counsel for the parties, we are of the view that the mechanism for the protection of the children in cases of specific abuse of child rights has been initiated as per law. No generic directions with regard to the manner of dealing with child abuse can be issued by this Court and in fact may not be required in the obtaining circumstances as legislation covers the field. No lacuna has been pointed out in the scheme of the Act. This Court has taken note of the proceedings taken from time to time by the authorities in cases of specific issues/complaints of contravention of the Act of 2005 and imposition of corporal-punishment.