SRI LANKA: 14-year-old girl seriously traumatized by her class teacher

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-036-2007
ISSUES: Child rights, Sexual violence,

Dear friends,

The Asian Human Rights Commission(AHRC) have been informed that 14-year-old W. K. Sajini Vasana Perera was insulted both physically and mentally by her class teacher in front of all classmates without any legitimate reason on 27 October 2006. The victim child was too embarrassed and impressionable to endure her distress and jumped from the 3rd floor of the building. Even though a complaint was filed by the victim child’s father, the police, school authorities, and even the Mediation Board are putting all the blame on the victim child. No legal investigation or disciplinary action has yet been taken into the incident, on the contrary, the school authority has even conducted an intensive campaign around school and village to vilify the victim child which has resulted in her reluctance to return to the school.

CASE DETAILS:

On 27 October 2006, it was a Friday, a day designated for the teacher to inspect students’ bags to ensure no illegal substances were being brought to school. While W. K. Sajini Vasana Perera went out to take out the refuse with the class teacher, Ms. Anoja Kumarage’s permission, the teacher was inspecting the students’ bags in the classroom. When Sajini came back to the classroom, the class teacher Ms. Anoja Kumarge pulled out Sajini’s diary from her bag and began reading its contents. The teacher turned to a page on which Sajini made a note ‘I have now found a friend like a brother’ and got excited. The teacher demanded to know what it meant and Sajini explained. However, the teacher then declared that Sajini was carrying on illicit liaison with this boy and ordered that Sajini immediately ‘accept her guilty and apologize’.

However, Sajini refused to admit any guilty and apologize saying that she had done nothing improper. This forthrightness of this young girl apparently infuriated the teacher who reached out and slapped Sajini several times across her face and then pushed her away. Sajini was completely embarrassed because the incident occurred right in front of her classmates as well as students of several other classes. Sajini returned to her desk and began to cry. But Ms. Kumarage was not done, she again beckoned Sajini to her and publicly slapped her again.

All this was too much for this impressionable young girl who says she was overcome by her distress. Despite attempts of her friends to console her, Sajini ran out of the class and before anyone could stop her she jumped from the 3rd floor of the building.

Luckily Sajini only suffered a broken right leg. Sajini was rushed to the Avissawella Hospital from where she was transferred to the National Hospital Colombo. In Colombo she was warded for one week but the doctors were unable to perform the required surgery due to swelling of her leg. A few days later, she had the operation for her broken leg and was warded again for a further week. But ever since the incident, Sajini has been deprived of her education.

Meanwhile, Sajini’s father, Mr. Sisira Perera complained about the incident to the Avissawella police on 30 October 2006. The next day the police held an inquiry in the presence of the vice principal, about five teachers including Ms. Kumarage and about three students. After all statements were recorded, the matter was referred to the Mediation Board.

Sajini and her parents attended the Mediation Board hearing which took place over several days. According to Sajini, the first question to her by the Board was whether she had any problem at home which was an apparent attempt to apportion blame to her family instead of her school. The Board members also said, (a) it was Sajini’s fault, (b) teachers do not assault children, and (c) by Sajini’s actions, she was defaming the school.

Mr. Perera was advised to accept some money from Ms. Kumarage and forget about the incident by the Mediation Board. Mr. Perera felt the Board members were more intent on safeguarding the interests of the teacher, Ms. Kumarage instead of obtaining justice for Sajini. Mr. Perera does not need to ‘cash in’ on the injustice caused to his daughter. All he wants is to see justice done and for stern disciplinary and legal action to be taken against Ms. Kumarage for assaulting his daughter and mentally traumatizing her to such an extent that she was driven to make an attempt on her life.

Consequently, Sajini had been deprived of her schooling for three months during which little attempt has been made by the St. Mary’s Maha School authorities to assist her in catching up with her schoolwork whilst convalescing at home. And though the principal and several teachers visited her home their main purpose seemed to persuade the parents to withdraw their complaint against the teacher.

Now Sajini’s parents are reluctant to send her back to the same school. This is because according to the parents, during this period the St. Mary’s Maha School authorities had been conducting an intensive campaign around the school and village to vilify Sajini.

Next year Sajini will be eligible to sit for her Ordinary Level examination, but it is doubtful whether she would be able to do so under the prevailing circumstances. And though the parents have complained to the police, school and education authorities regarding the violation of their daughter’s basic rights, to date little action has been taken against the teacher.

SUGGESTED ACTION:
Please write to the relevant authorities listed below, expressing your serious concern about the violation for the child’s rights and education by this case. Please condemn the immoral teachers of St. Mary’s Maha Vidyalaya, and the biased Mediation Board. Please urge them to take immediate action to discipline the teachers and take a proper treatment so that the victim child can be recovered physically and mentally as soon as possible.

To support this case, please click here: SEND APPEAL LETTER

SAMPLE LETTER

Dear __________,

SRI LANKA: 14-year-old girl seriously traumatized by her class teacher

Name of victim: Miss. W. K. Sajini Vasana Perera, aged 14, grade 9 student of St. Mary’s Maha School, Avissawella city, Colombo district, Sri Lanka 
Name of alleged perpetrators: 
1. Ms. A.N. Anoja Kumarage, Class teacher of the victim child attached to St. Mary’s Maha School in Avissawella City
2. Principal of St. Mary’s Maha School in Avissawella City
Date of incident: 27 October 2006
Place of incident: Victim child Sajini Vasana’s classroom at St. Mary’s Maha School

I am writing to express my deep concern about serious result from the violence against the young student simply because of the teacher’s emotional infuriation for the student’s attitude.

On 27 October 2006, it was a day designated for the teacher to inspect the student’s bag to ensure no illegal substances were being brought to school. I was informed that when the class teacher Ms. Anoja Kumarage inspected Sajini’s bag, Ms. Kumarage pulled out Sajini’s diary and started reading. All of sudden, Ms. Kumarage found a note ‘I have now found a friend like a brother’ in Sajini’s diary and got excited. Ms. Kumarage demanded to know what it meant and Sajini answered. Then Ms. Kumarage demanded that Sajini ‘accept her guilty and apologize’ since Sajini was carrying on illicit liaison with this boy.

However, Sajini refused to admit any guilty and apologize saying that she had done nothing improper. This forthrightness of this young girl apparently infuriated the teacher who reached out and slapped Sajini several times across her face and then pushed her away. Sajini was completely embarrassed because the incident occurred right in front of her classmates as well as students of several other classes. Sajini returned to her desk and began to cry. But Ms. Kumarage was not done, she again beckoned Sajini to her and publicly slapped her again.

I was informed that eventually Ms. Kumarage’s overreaction and insult against this 14-year-old impressionable young girl caused that Sajini jumped out from the 3rd floor of the building despite attempt of her friends to console her, which could have killed her. Fortunately, only Sajini’s right leg was broken.  After an operation she was warded at National Hospital Colombo.

Meantime, on 30 October 2006 Sajini’s father Mr. Sisira Perera filed a complaint about the incident to the Avissawella police. The next day the police held an inquiry in attendance with the vice principal of St. Mary’s Maha School, about 5 teachers including Ms. Kumarage and about 3 students. After recording all statement, the matter was sent to the Mediation Board.

It was informed that Sajinji and her parents attended the Mediation Board hearing for several days. According to Sajini, the first question to her by the Mediation Board was whether she had any problem at home instead of asking about the incident. I was also informed that the Board members said that the incident was Sajini’s fault, teachers do not assault children, and Sajini was defaming the name of school by her actions. Mr. Perera was also advised to accept some money from Ms. Kumarage and forget the incident.

This entire process of Mediation Board hearing shows that the Board members as well as school authority are passing all responsibilities to the victim and trying to cover up the incident with some money. I was informed that Mr. Perera however, does not need to ‘cash in’ on the justice caused to his daughter and wants to discipline the teacher who has seriously insulted and traumatized the young student. I also informed even after the Mediation Board hearing, though the principal and several teachers visited Sajini’s home, it seemed that they tried to persuaded Sajini’s parents to withdraw their complaints against the teacher.

For 3 month since the incident, Sajini had been deprived of her schooling and little attempt has been made by the school authority to assist her catch up with her schoolwork. Moreover, Sajini’s parents are reluctant to send Sajini back to the same school since the school authority has been conducting an intensive campaign around the school and village to vilify Sajini. Next year Sajini will be eligible to sit for her Ordinary Level examination, but it is doubtful whether she would be able to do so under the prevailing circumstances.

If Ms. Kumarage, as a class teacher had accepted Sajini’s forthrightness with pureness, this serious matter would not have happened. Ms. Kumarage’s violent instruction with an emotional anger has caused ineffaceable hurt to Sajini and her parents and in addition, the biased attitude of the Mediation Board has traumatized Sajini once more. Now the indifference of school authority for Sajini’s right to education and their vilification are making Sajini and her parents reluctant for her to allow her to return to the school. And though the parents complained to the police, school and education authorities, no legal action has been taken to protect this young girl’s basic right till now.

Therefore on behalf on this 14-year-old victim and her helpless parents I urge you to intervene that above all, the education authority obtain for Sajini another school to enable her to pursue her education and to overcome her mental trauma as soon as she recovers from her injuries.

I also urge that appropriate disciplinary action should be taken against Ms. Kumarage in accordance with Circular issued by the Education Department to all school dated on 11 May 2005 which had been issued as long again as 1921, and until then she should be suspended from her present post.

The violence against the students by teachers simply with personal infuriation is an endemic violence in school society. Please urge that the police and Mediation Board should conduct an inquiry with impartiality and objectivity into the incident so that all the students as well as the victim student Sajini can study with peace and happiness.

I really look forward to your prompt and effective response in this matter. If you are concerned about the young and the next generation in the world, you should take an action for this case. Thank you for reading my letter.

Yours truly,

—————-

PLEASE SEND YOUR LETTER TO:

1. Chairperson
National Child Protection Authority 
330, Thalawathgoda Road 
Madiwella 
SRI LANKA
Tel: +94 11 2 778912/13/14 
Fax: +94 11 2 778975
E-mail: ncpa@childprotection.gov.lk

2. Minister for Education 
Ministry of Education
“Insurupaya”
Battaramulla, Colombo
SRI LANKA
Tel: + 94 11 2 785 617
Fax: + 94 11 2 784 846

3. Secretary 
Human Rights Commission of Sri Lanka 
No. 36, Kynsey Road 
Colombo 8 
SRI LANKA 
Tel: +94 11 2 694 925 / 673 806 
Fax: +94 11 2 694 924 / 696 470 
E-mail: sechrc@sltnet.lk

4. Mr. Victor Perera
Inspector General of Police 
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk

5. Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General’s Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net

6. Bo Viktor Nylun
Head of Child Protection
UNICEF Sri Lanka
P.O. Box 143, Colombo
SRI LANKA
Tel: +94 11 2 555 270 (6 lines)
Fax: +94 11 2 551 333
E-mail: colombo@unicef.org

7. Mr. Vernor Munoz
UN Special Rapporteur on the right to education 
Attn: Isabelle Sevin
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9117
Fax: +41 22 917 9006 (ATTN: SPECIAL REPPORTEUR EDUCATION)

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-036-2007
Countries : Sri Lanka,
Issues : Child rights, Sexual violence,