Corporal Punishment Could Land Teachers in Jail for Three Years

New Delhi, Oct 28 (PTI): Resorting to corporal punishment in class or forcing students to purchase books, uniforms and other stationery from a particular shop could land one up to three years in jail, according to a draft Bill on curbing unfair practices in schools.

The draft 'Prohibition Of Unfair Practices in Schools Bill', 2012 makes it clear that no school shall directly or indirectly demand or accept capitation fee or demand any donation for admission to any class.

The draft legislation, which would be presented before the Central Advisory Board of Education (CABE) meeting here on November 1, also prohibits schools from denying admission or expelling any student if he/she is reported to have any serious diseases such as HIV/AIDS.

Schools can neither indulge in any kind of corporal punishment or withhold students to appear in any examination for which they are eligible and desirous of appearing.
Besides schools cannot expel any student due to poor academic performance or detain them arbitrarily, the draft says.

The proposed legislation comes as complaints were mounting against the unfair practices of schools.

Though the draft Bill has remained silent on the quantum of monetary penalty to be imposed, it states that the imprisonment could extend to three years or fines or both.

It said school shall not charge any fee for information brochure, prospectus, admission form or an admission test and provide all such information on its website or notice board. Fee collection during mid-session has also come under the scanner.

The provisions of the draft Bill states that any capitation fee or donations collected in contravention of the provisions would be confiscated by an order of appropriate government 'state school education tribunal' or 'national school education tribunal' or a state or national body.

According to the draft Bill, no school shall insist for private coaching in the school or outside after the school hours. They also cannot insist for purchase of books, uniform or any other related materials from the school premises or a particular shop.

Schools would be penalised for providing false or misleading advertisement. The Bill also recommends admission to VI, IX and XI standards through tests.