Annual Report 2009-2010 • Continuous efforts should be made by the Trust to restore the child back to his/her family. 4.215 Upon considering the report, the Commission directed that the report and recommendations of the Investigation Division team be forwarded to the Ministry of Women and Child Development, Government of India and also to Salaam Balak Trust for their response. The Commission, in addition, directed its Registry to prepare a comprehensive report regarding the maintenance and up-keep of Salaam Baalak Trust as well as regarding the existing child protection mechanism. The said report along with the relevant material should then be forwarded to the National Commission for Protection of Child Rights for relevant action in the ma�er. 4.216 The response is awaited and the ma�er is under consideration of the Commission. 35. Eye Injury Caused to Government School Student Navin Paswan due to Corporal Punishment (Case No. 2348/4/27/07-08) 4.217 Shri Suhas Chakma, Director of a Delhi based NGO vide his complaint dated 5 September 2007 to the Commission alleged one Navin Paswan, a nine year old student of Class IV of a Government School, falling under the jurisdiction of Ajho Kopa Circle in Purnia District, lost vision of his right eye on account of corporal punishment inflicted on him by the Head Master and one Teacher named Sekhar Bharti. 4.218 The Principal Secretary, Department of Human Resource Development, Government of Bihar, on enquiry admi�ed the child had been beaten by the Teacher with a firewood stick as he asked for more food during the mid-day meal distribution programme. It was admi�ed that the child had sustained an injury below his right eye but denied that he had lost vision. A medical certificate issued by Sadar Hospital in Purnia District of Bihar was forwarded as well to the Commission by the State Government which showed that the vision of the right eye of the child was intact. In the disciplinary proceedings initiated, the delinquent teacher was exonerated because the enquiry commi�ee found that he had not intentionally hurt the child. 4.219 On examination of various reports submi�ed by the State Government, the Commission issued a show-cause notice to the Government of Bihar u/s 18 of the PHRA. The State Government in turn replied that the issue of monetary relief should at best be le� to the discretion of the Commission. However, it contended that it would not be proper to award monetary relief in this case. The Commission felt the very fact that a 9 year old child was given corporal punishment with a firewood stick by a teacher of the school had not been denied by the State Government. The child’s only fault was he had asked for some more food while the mid-day meal was being distributed. Besides, it is not denied by the State Government that the child had sustained injury below his right eye. Fortunately, his vision was not damaged but this did not dilute the gravity of the situation. Children of tender age must be handled with care and affection by the teachers. Cruel behavior of the teacher is one of the reasons for children feeling scared to go to school. Taking note of all the circumstances, the Commission on 5 November 2009 recommended to the Government of Bihar to pay a sum of Rs. 50,000/- as monetary relief to the victim and also submit a compliance report along with proof of payment. 50 NHRC

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