KUALA LUMPUR – The ramifications of ratifying the UN Convention against Torture (Uncat) would not only apply to judicial corporal punishments but will prohibit caning in schools too, Suhakam commissioner Ragunath Kesavan said.
In a brief Whatsapp conversation with Scoop, he explained that the international treaty, if incorporated into Malaysian law, would ban all forms of corporal punishment.
“Yes, it will ban all forms of corporal punishment, even in schools.
“There are many options of alternative punishment (for students),” Ragunath said when contacted.
Meanwhile, Parent Action Group for Education chairperson Datin Noor Azimah Abdul Rahim is also of the view that ratifying the treaty will no longer allow teachers to cane students in school, adding it is high time the Education Ministry review its guidelines on disciplining students.
Azimah also said if Putrajaya eventually ratified the convention, the move would strengthen the protection of child rights and address complaints of abuse in schools, which she said had reached alarming levels.
Teachers will now have to “move with the times” and come up with creative methods when handling tougher cases which would usually warrant caning.
“Ratification of the treaty will mean that school administrations will have to cease caning of boys, even if in secure private spaces such as the counsellor’s rooms. Nonetheless, it is time to review the Education Ministry’s Education Ordinance 1957: Education Rules (School Discipline) 1959.
“In this day and age, caning should not take place at all. Therefore, there is no issue of adapting,” Azimah told Scoop.
Azimah and Ragunath were commenting on Home Minister Datuk Seri Saifuddin Nasution Ismail’s reply in the Dewan Rakyat on Monday that Malaysia currently does not intend to ratify Uncat as it would require amendments to existing legislations, particularly those on civil and shariah judicial caning.
Saifuddin said certain provisions of the treaty stipulated that Malaysia’s laws should not include “elements that cause severe pain”.
Although 173 countries have ratified the law, the minister said several Asean nations such as Singapore and Brunei were yet to incorporate the convention into their legal systems.
National Union of the Teaching Profession secretary-general Fouzi Singon welcomed ratification of Uncat if it could stop corporal punishment in schools. He said this would ease teachers’ concerns over dealing with parents who complained when their children were disciplined.
More parents today are less likely to accept the use of corporal punishment on their child, he added.
Fouzi suggested teaching staff should take administrative measures instead, such as warning letters, suspension or expulsion.
“Yes, it is true teachers are not comfortable with corporal punishment because of backlash from parents.
“So it’s better to take administrative action against the child or leave it to the parents or guardian to discipline their children in the manner they deem fit.
“That way, whatever happens to the next generation it would not be the teacher’s fault,” Fouzi told Scoop.
Fouzi said he was unclear on whether Uncat would affect both the criminal justice system and schools. But if it does apply to punishment in schools, he said the Education Ministry must come up with clear guidelines for teachers.
“If Uncat affects (the) education (sector), the ministry must give clear guidelines because there’s no point if teachers don’t understand what they can or can’t do.
“Right now there are guidelines for corporal punishment. For example, caning must be done in a controlled manner with restrictive limb movement which reduces the pain a student feels.
“Sometimes during caning, the student will provoke the teaching staff and this sometimes can cause the teacher to lose their composure,” Fouzi added.
Lawyer Dinesh Muthal is of the view that Uncat only applies to situations concerning severe mental or physical harm, making judicial caning clearly part of the convention’s ambit.
Given that regulations pertaining to corporal punishment in schools do not allow severe harm towards students, Dinesh believes that perhaps Uncat may not necessarily come into play for schools.
However, given the spate of alleged child abuse in schools, Dinesh suggested that the ratification of Uncat could ensure that punishment in schools would not go overboard.
“The physical and mental consequences of certain punishment methods such as making students run laps, forcing them to stand under the sun or humiliating them can have severe physical or mental repercussions.
“So perhaps Uncat can prevent things from getting out of hand.
“Punishment is to guide people away from actions, it’s not about revenge or causing pain,” Dinesh told Scoop.
The lawyer currently represents the family of a Year 5 pupil who was allegedly ordered by his teacher to stand under the sun as punishment.
The pupil was later admitted to hospital and was diagnosed with a disability, besides exhibiting symptoms of trauma.
Based on past reports, the family of the pupil said the Education Ministry had remained silent on the matter, which it said was still being investigated. – July 4, 2024