Major win for Shehzad Roy as court bans corporal punishment for kids

The Islamabad High Court (IHC) on Thursday suspended Section 89 of the Pakistan Penal Code (PPC) and banned the practice of corporal (physical) punishment by parents, guardians and teachers on children.

The decision was announced after singer-activist Shehzad Roy filed a petition in court to ban the use of violence to discipline children. A division bench of the IHC presided by Chief Justice Athar Minallah, suspended the PPC section until further notice.

Congratulations my dear children . Ab aap ki pittaee karna buhat mushkil hoga. Interim order by Chief Justice Athar Minallah of Isb High Court pic.twitter.com/Sn68bvyIOM

— Shehzad Roy (@ShehzadRoy) February 13, 2020

Section 89 of the Pakistan Penal Code 1860 (No XLV) allows parents, teachers and other guardians to use moderate and reasonable corporal punishment as a means to correct the behaviour of children below 12 years of age.

In his petition, Roy claimed that Section 89 is contradictory to the Constitution as it violates basic human rights and the United Nations Convention on the Rights of the Child.

“Punishing children is being considered as essential for improving learning. News of torture and punishment of children have been reported every day in the media” read the petition.

Islamabd High Court is hearing my petition on behalf of @ZindagiTrust to criminalise corporal punishment tomorrow, February 13th @ 9am.Please join me to cover this hearing #EndCorporalPunishment #RepealSection89 pic.twitter.com/fpoPVI614G

— Shehzad Roy (@ShehzadRoy) February 12, 2020

Justice Minallah, during the hearing, remarked that the country’s parliament had adopted a bill barring corporal punishment for children in 2013. The bill was not passed into law due to a technicality.

Roy’s lawyer maintained that his client wanted the High Court to prevent violence against children until relevant legislation is passed.

“Corporal punishment affects a child’s mental and physical health,” he asserted.

After hearing the arguments, Justice Minallah directed the interior ministry to take immediate steps to protect the rights of children and asked for a reply from the federal government on the matter by March 5.

Roy took to Twitter to express his gratitude over the IHC decision.

Iam grateful that the operation of Brutal, inhuman & unconstitutional colonial-era law section 89 has been Suspended/stoped By the Cheif Justice Athar Minallah on @ZindagiTrust petition in all the Federal jurisdiction & islamabad. Congrats to all my dear children of isb&Pakistan

— Shehzad Roy (@ShehzadRoy) February 13, 2020

Earlier, while speaking to the media outside the Islamabad High Court, Roy had said, “When a child is born, parents hit him, when he goes to school, teachers hit him, when he grows older and goes out in the society, police hits him to make him a better person. Research shows that the use of violence only increases violence.”

Journalists, actors and members of the civil society lauded Roy for his initiative and hailed the court’s decision.

Congratulations! Your dedication for the cause is commendable. https://t.co/9QCR9AwjAP

— Umar Cheema (@UmarCheema1) February 13, 2020

All the best brother May Allah make it easy this is important discussion

— Shoaib Malik 🇵🇰 (@realshoaibmalik) February 12, 2020

@ShehzadRoy thank you for what you are doing against corporal punishment and moving this petition in court. We have been failing our children again and again. People like you give Pakistan hope. Good job buddy. #Pakistan

— Fakhr-e-Alam S.I & S.E (@falamb3) February 13, 2020