SRI LANKA: Denial of education after complaining teacher’s violent assault

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the alleged assault and injury caused to a schoolboy by a teacher of the Sumana Maha Pirivena in Ratnapura, Sri Lanka on 26 June 2007. When he lodged a police complaint against the alleged assault, in revenge the School Principal did not allow him to continue his education at the school and also allegedly attempted to falsify the victim’s Student Record, thereby impeding his chances of entering another school. Despite the victim’s numerous requests and police complaints, the Principal has illegally denied him the right to continue his education.

CASE DETAILS: (based on the victim’s testimony)

On 26 June 2007 about 9:30am, according to the victim G. Gayan Mangala Perera (19), he had an argument with his mathematics teacher at the Sumana Maha Pirivena (Buddhist religious school) in Ratnapura following which the teacher prevented him from attending class. As a result of the argument, the teacher, Stanley Fernando viciously assaulted him three times, on his upper back and neck. The victim demanded to know the reason for this attack. But the teacher only yelled: “get out you wretched fellow” and repeatedly lashed out at the victim’s neck and back. Again the victim queried why he was being assaulted but the teacher did not answer him, but only shouted: “get out”. The victim then informed the teacher that he had no right to assault him and that he will bring his father to school the next day to inquire into the matter. But the teacher insultingly told him he could bring his ‘woman’ if he wanted but nothing is going to frighten him as ‘he knows the law’.

The victim went home and told his parents about the incident. Throughout that afternoon, he suffered from severe pain as a result of the teacher’s assault. He had also vomited and became quite sick. His father accompanied the victim to the Ratnapura Police Station and lodged a complaint bearing No. P2 143/397. The police then afforded him the necessary forms to be admitted to hospital.

The victim was taken to the Ratnapura Hospital and admitted to Ward No 10. The victim told the doctor who examined him that he was assaulted by his teacher. That night, when he was taken to the X-Ray room he saw the math teacher, Stanley Fernando, and two of his colleagues namely Kingsley Ratnathilaka and Upul. The teacher named Upul asked him what was wrong but the victim remained silent. He then saw Ratnathilaka following him to the X-Ray room.

The next day (June 27), the hospital police recorded the victim’s statement. Thereafter, in the afternoon, the victim was discharged from hospital. However before he was discharged, again teachers, Ratnathilaka and Upul visited him and asked him various questions. Back home, the victim learned that the previous night both these teachers had visited his home and spoken to his parents. They attempted to frighten them by saying it was not good for a young person to be subjected to X-Rays. They had also been aware that he was being discharged the following day – indicating that they were closely following the victim’s movements. Then about 3:30pm on the same day, Ratnathilaka and his wife visited the victim at home.

On 9 July 2007, a police inquiry was held into the victim’s complaint at the Ratnapura Police Station. At which the School Principal, Ven. Henapola Sumanajothi and the math teacher were present. The police requested the Principal and the math teacher to permit the victim to continue his education at the school. Both promised to do so and the Principal even requested the victim’s father to accompany his son to school the following day.

On 10 July 2007, the victim’s father accompanied the victim to school but the Principal had no intention of allowing the victim to continue his education at that school. Thus, the victim requested the Principal to issue his school leaving certificate in order to allow him to gain admittance to another school. However, the Principal went through the victim’s personal file and declared that his leaving certificates from his previous schools were missing and therefore, a certificate from the current school could not be issued. But when the victim visited his previous two schools namely Gatangama Ratna Maha Vidyalaya and Dharmapala Maha Vidyalaya, he was informed that the school leaving certificates had already been issued. The victim communicated the same to the Principal who sarcastically commented that ‘rats might have eaten the certificates’. The victim was instructed to come to school another day.

On 12 July 2007, as instructed, the victim went to school again. On this day, the math teacher, Stanley Fernando was also present inside the Principal’s office and reiterated that the victim’s certificates were lost. The Principal then instructed another teacher to prepare the victim’s Student Record and demanded that the victim sign it. However, he refused as his Student Record had been falsified, namely it mentioned that the victim had left his previous schools because he did not have sufficient qualifications for the Advanced Level class. When he mentioned this to the Principal his objections were ignored.

Hence on 17 July 2007, the victim once again went to the Ratnapura Police and complained about the falsification of his Student Record. Two days later (July 19) the police against summoned the victim and the math teacher to the police station. That day, the Principal and three other teachers accompanied the math teacher to the Police Station. The inquiry was conducted by the OIC of the Crimes Branch of the Ratnapura Police. The OIC instructed the Principal to hand over the victim’s documents at the Police Station before 3 August 2007. The Principal promised to comply.

On 22 July 2007, the victim also made a formal request in writing from his School Principal to afford him his school leaving certificates. He has not received a reply. And though the victim visited the Ratnapura Police Station on 2, 3, and 4 August 2007 his certificates had not been handed over by the School Principal.

On 13 August 2007 the victim again visited the police station. The OIC, Crime Branch handed the victim a letter to be given to the Principal requesting the latter’s presence at the police station two days later (August 15). When the victim visited the school, nowhere was the Principal to be found.

The victim says that to date the Principal has intentionally and maliciously shirked his responsibility by not affording him his school leaving certificate, thereby seriously jeopardizing his chances of entering another school and continuing his education. He thus laments that as a direct result of his teacher, Stanley Fernando’s vicious attack on his person, and the subsequent actions of the School Principal, Ven. Henapola Sumanajothi, his right to education has been violated. The victim is due to sit his Advanced Level examination next year.

The victim has now complained in writing to all the relevant educational and other relevant authorities to safeguard his right to education and afford him his school leaving certificate. He has also requested the authorities to take appropriate disciplinary and legal action against the perpetrator Stanley Fernando for violently assaulting him as well as against the School Principal’s unethical and illegal actions.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and urge them to take immediate and appropriate action to ensure the right to education of the victim and also for prompt legal and disciplinary action against the math teacher, Stanley Fernando and Principal Ven. Henapola Sumanajothi of the Sumana Maha Pirivena if the facts are proven.

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