SRI LANKA: Another alleged assault of a 14-year-old student by the principal

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding an alleged assault on a young student by a principal in Galle district, Sri Lanka on 4 April 2007. It is reported that without being given any reason by principal, the student was inhumanely assaulted following which he then had to be hospitalized for 3 days due to the injuries sustained.

CASE DETAILS:

On 4 April 2007, Disnaka Ruwan, a 14-year old 9th grade student of C.W.W.Kannangara Senior School in Galle district was brutally assaulted by the principal. Without stating any cause for the assault or what kind of misbehavior Disnaka Ruwan had committed, the Principal K.P.D. Remalal called Disnaka Ruwan to his office and kicked and struck him on his stomach and chest. According to the boy’s father, this was not the first time that Disnaka Ruwan had been harassed by the principal.

Disnaka Ruwan informed his father Muthigoda Hewage Rupananda of the assault by the principal and complained of the pain. His father took Disnaka Ruwan to the Karapitiya hospital where he was hospitalized in ward No. 3 for 3 days. The father also informed the doctor at the hospital that Disnaka Ruwan was physically assaulted by the school principal and subsequently the hospital police took a statement from the student.

The following day, the Galle police recorded the statement from the boy’s parents. Disnaka Ruwan’s family also made a written complaint to the Director Education of Department of Education in Southern Province of Galle District, Human Rights Commission of Sri Lanka, Officer-in-Charge of Galle police station, Children and Women Bureau, Inspector General Police (IGP), and Secretary of Ministry of Education in Southern Province.

ADDITIONAL COMMENTS:

No reason for punishment

In this case, the principal did not provide any reason for the punishment to the victim student either before, during or after the assault. If the principal wanted to discipline the victim student to correct his misbehaviour, he should have informed it to the student and make him understand why he was being punished. By failing to do so the actions of the principal cannot be considered as a punishment but rather violence against a minor. Moreover, corporal punishment against students by a teacher cannot be justified in any circumstances. Young teenage students are still immature and sometimes make mistakes or misbehave. The teachers should follow the principle that the aim of the punishment is not to put a physical punishment on the student but to correct such misbehaviour. In this case, the principal should have taken alternative measures of punishment to correct the misbehaviour or faults of the victim student if indeed there were any. In the circumstances, the principal should be prosecuted and disciplined for this assault. It is sad to see that most of the assault cases by the teachers in Sri Lanka tend to be conducted without proper reason or even without any reason like this incident.

Need for more strict regulation and enforcement

As a state party to the United Nations Convention on the Rights of the Child (CRC), Sri Lankan government should take all appreciate legislative, administrative, social and educational measures to protect the child from all forms of violence in conformity with article 19 of the CRC. Accordingly, the Ministry of Education has recently issued the circular numbered ED/01/12/01/04/24, which particularly states that all the teachers must avoid physical punishment and must not conduct physical punishment although they have a good intention for the punishment. It also states that instead of using corporal punishment, the teachers should take alternative measures to correct the misbehaviour of the students such as make them aware their wrongdoings through consultation. In addition, it states that if the corporal punishment is conducted by a teacher, the teacher should be inquired and disciplined by the Discipline Committee under the Ministry of Education.

Despite the prohibition of corporal punishment proclaimed by the Ministry of Education, many teachers still conduct physical punishment in violation of the circular. While the circular issued by the Ministry of Education should be respected and observed by all the teachers in Sri Lanka, a number of corporal punishment cases indicate that the circular is neither obeyed by the teachers nor enforced by the Ministry of Education.

Apart from the circular of Ministry of Education, under the 308A(1) of the Penal Code of Sri Lanka explicitly prevents the cruelty to children. Accordingly, whoever commits the offence of cruelty to children shall on conviction be punished with imprisonment of either description for a term not less than 2 years and not exceeding 10 years and may also punished with fine and ordered to pay compensation of an amount determined by the court.

Unfortunately, despite all these regulations, inappropriate and cruel corporal punishment is still committed in schools in Sri Lanka. To fight against such violent practice, the Ministry of Education should take strict measures to enforce its circular at schools. Furthermore, corporal punishment at schools must be outlawed as administrative measures are not enough and adequate.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to take action immediately against the violent principle.

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