Islamabad: Chief Justice Athar Minallah, Islamabad High Court (IHC), has suspended Article 89 of the Pakistan Penal Code (PPC) until further notice as it does not categorize the use of punishment against children under 12 as an offense.
It was considered, bodily harm against children as “Act done in good faith for the benefit of the child.”
Chief Justice Islamabad High Court gave the ruling while hearing a petition implant by singer and human rights activist Shahzad Roy.
Shahzad Roy has demanded a ban on torture and corporal punishment of children.
He has made secretaries of education, law, interior, human rights, IG Islamabad as a party in this case.
The petition contends that “Punishing children in educational institutions has become the norm. It is considered as a way to improve their learning. Media channels report cases of child torture every day. Article 89 of the PPC violates basic human rights and contradicts the United Nations Convention on Children. Therefore, the use of corporal punishment against children must be banned.”
The petition has also referred to a report published by the Society for the Protection of the Rights of the Child (SPARC) which states “Each year, more than 35,000 children drop out of schools in Pakistan fearing punishment”
It has also been urged that schools should be instructed in every way to protect children from any kind of physical and mental torture.
Under the UN Convention, the petition states full implementation of child protection laws should be directed and an immediate injunction should be issued to ensure the protection of children’s basic rights.
IHC has given a deadline of March 5 to the federal government to submit its reply to the arguments presented by the petitioner.
