IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.K. Ilanthiriyan, J
Kamatchi Shanker Arumugam – Appellant
Versus
Tamil Nadu School Education Department – Respondent
W.P.No.4507 of 2024
| Table of Content |
|---|
| 1. writ petition seeks enforcement of child protection guidelines. (Para 1 , 2) |
| 2. corporal punishment rejected; safe environments mandated. (Para 3 , 4) |
| 3. timeliness in addressing grievances emphasized. (Para 5) |
| 4. grievance addressed, compensation not warranted. (Para 7) |
| 5. court dismisses the writ petition. (Para 9) |
(R3 to R5 are suo motu impleaded as per order dated 23.02.2024 in W.P.No.4507 of 2024) ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution praying to issue a Writ of Mandamus, (2) directing the first respondent to implement the “Guidelines for Elimination of Corporal Punishment in Schools (GECP)” provided by National Commission for Protection of Child Rights (NCPCR) or any other equally efficient set of guidelines and protocol to eliminate corporal punishment, across all schools in Tamilnadu, under the Control of Tamilnadu School Education Department, with immediate effect disseminating necessary training, periodic (weekly & monthly) reminders to teachers and students, so that the petitioner's daughter can learn in an ethical environment. To ensure compliance by respondents, they request that this Court include a compliance checking date in the files of this Writ Petition. This will hold the respondents accountable for acting within the stipulated time frame.
2. For an appropriate Writ of Mandamus, directing the respondents to pay the petitioner, a nominal compensation (found appropriate by this Court) for each day of no response and inaction, from the 31st day after grievance (dated 07.09.2023) submission till redressal, payable by the respondents for their negligence and non-compliance with the grievance redressal process stipulated in G.O.(Ms) No.73 dated 11.06.2018, issued by the Government of Tamilnadu, we request this Court to include a compliance checking date in the files of this Writ Petition to guarantee adherence by the respondents. This compensation serves as a reminder of the consequences of neglecting their duties and the emotional toll their inaction has caused us.
For Petitioner : Mr.Kamatchi Shanker Arumugam (party-in-person)
For Respondents: Mr.S.Prabhakaran, Government Advocate
O R D E R
This Writ Petition has been filed to direct the first respondent to implement the Guidelines for Elimination of Corporal Punishment in Schools (GECP) provided by the National Commission for Protection of Child Rights (NCPCR), and also seeking compensation for the inaction of the respondents on the grievance petition filed by the petitioner, as per G.O.(Ms).No.73 dated 11.06.2018.
2. Heard the learned counsel for both sides and perused the materials available on record.
3. While the Writ Petition was pending, this Court passed an interim order dated 23.04.2024, as follows:-
“The petitioner-in-person Mr.Kamatchi Shanker Arumugam instituted the present writ proceedings to grant a Writ of Mandamus to direct the first respondent to implement the Guidelines for Elimination of Corporal Punishment in Schools (GECP) provided by the National Commission for Protection of Child Rights (NCPCR) and further reliefs sought for are relating to grant of nominal compensation regarding the incident occurred to his daughter in the school.
2. The respondents are yet to file their counter-
affidavit. However, the petitioner-in-person articulated his case by stating that the guidelines issued by the National Commission for Protection of Child Rights, are to be implemented by the Government of Tamil Nadu, in order to recognise the child rights.
3. Corporal punishments of any form is completely unacceptable and prohibited under Section 17 (1) of the Right of Children to Free and Compulsory Education Act, 2009 . A child in his / her growing years require a safe and caring environment. Any untoward experiences for the child may have a long lasting unpleasant impression, capable of shaping the characteristic of the child in unpalatable ways. Corporal punishment is never the solution to guide the child. Th
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