SRI LANKA: Five girls assaulted and ill-treated by teachers due to principal’s negligence

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that while five students were being assaulted and ill- treated by teachers, the principal failed to intervene in the situation. He asked the father of one of the students to forget the incident. As a result, the students are afraid to return to school, due to the degrading treatment received from their teachers. This will be a great detriment to their future lives and careers.

CASE DETAILS:

Sri Kanthulage Harsha Udayangani, Pallikondage Lakmini Chndrani Perera, Jayathungage Nimesha Dilki Chathurangi, Jayani Gamage, Sashi Praba Sandeepani are Grade 13 arts students (girls) of the Bandaragama National School.

On 9 September, 2008 during the morning hours of school, Rev. Polgahawela Somarathana, teacher, demanded to know from his class who had attended the tuition class conducted by one Sannasgala. He then shouted at the next class where teacher -Rev. Parasthota Lakkana was teaching, demanding that he too ask, if there were any students who had attended Sannasgala’s Sinhala tuition class.

At around 1pm another teacher Rev. Mukuruppe Somalankara demanded that those students who had attended Sannasgala’s tuition class step out. Accordingly 5 girls stepped out. Rev. Polgahawela Somarathana and Rev. Parasthota Lakkana were also present. Then, Rev. Polgahawela Somarathana scolded the 5 girls soundly using demeaning and degrading language for attending Sannasgala’s tuition class.  He threatened them and then demanded to know if they will attend Sanasgala’s tuition class in the future.  All but one student said that they would have to ask their parents first. An angry Rev. Polgahawela Somarathana then demanded that they bring their parents to school on the following day.

The girls were afraid to go to school on the next day but returned on September 11.  About 9.30,during the 3rd school,period Rev. Mukuruppe Somalankara asked the girls to bring their bags and come out of the classroom. Then he started to cane the girls on their hands asking why their parents had not come. He scolded the girls using the basest language and told them to leave the school. After that he told them to put their bags over their shoulders and kneel near the science laboratory, in the hot sun, until1:30pm. The girls did so, but could not stay the full 4 hours until 1.30 pm as they began feeling sick.  Rev.Somalankara was duly informed by the girls.

As a result of the caning Harsha Udayangani’s hands cracked and started to bleed. However, Rev. Mukuruppe Somalankara and other teachers who saw this laughed and joked about it.

The girls sent messages to their parents to come to school. When the father of Harsha Udayangani   who’s hand was bleeding met Rev. Mukuruppe Somalankara, the latter merely smiled and said sarcastically that he had only tapped the girls hands. Then, Harsha Udayangani’s father met the Principal Ranjith Premasiri who did not take the situation seriously merely stating that “think it was me who hit your daughter and forget the matter”. Because of the Principal’s statement, Harsha’s father did not lodge a complaint at the police station or take his daughter to the hospital.

On September 12, when the girls went back to school, they heard another female teacher loudly and maliciously asking Rev. Parasthota Lakkana why the girls were allowed to come back to school. This was said with the purpose of being overheard by the girls. After that the girls did not go back to school for fear of repercussions.

On September 18, the girls and their parents sent complaints to several relevant authorities together with a plea for justice.

ADDITIONAL INFORMATION:

No teacher or Principal of a school has the right to keep a student from attending school. In this case the incident was provoked because the girls attended a tuition class with another teacher.

The girls are studying in a Grade 13 exam class. They will be sitting for their Advanced Level’s, the highest school certificate examination in Sri Lanka. The exam for this class will be held in August 2009.  A breach in their studies at this juncture will be detrimental both to their school careers and their futures. It is very important that this situation is immediately looked into and sorted out.

ADDITIONAL COMMENT:

Article 28 of the UN Convention of the Rights of the Child (CRC) to which Sri Lanka is a state party says, 
“States Parties [should] recognize the right of the child to education, and with a view to achieving this right progressively and on the basis of equal opportunity”.

Article 27(2) (h) of the Sri Lankan Constitution states an objective of the state is “the complete eradication of illiteracy and the assurance to all persons of the right to universal and equal access to education at all levels.” Article 27(5) also states, “the State shall strengthen national unity by promoting co-operation and mutual confidence among all sections of the People of Sri Lanka, including the racial, religious, linguistic and other groups, and shall, take effective steps in the fields of teaching, education and information in order to eliminate prejudice.”

In addition, there are other laws regarding corporal punishment.

Article 37(a) of the CRC says the child is protected from all forms of discrimination or punishment. It also says that the child is protected against all forms of discrimination or punishment on the basis of status [Article 2(2)], and Sri Lanka as a state party should take all appropriate measures to promote physical and psychological recovery and social reintegration of a child victim [Article 39].

Furthermore, article 11 of the Sri Lankan Constitution also points out that everyone has the right not to be subjected to torture or other cruel, inhuman or degrading treatment or punishment. Section 308 A of the Sri Lankan Penal Code (amendment) also states that cruelty against children causing hurt, grievous or simple as well as torture, is a criminal offence. Moreover, the Circular No. ED/01/12/01/04/24, issued by the Education Department on 11 May 2005 to all local schools, regulates corporal punishment and assault of school children in Sri Lanka.

SUGGESTED ACTION:
Please write to the relevant authorities listed below and request them to take immediate and appropriate action to restore the right to education of these students. Please also urge them to investigate this case so that the practice of corporal punishment is prohibited as written in the law.

Please be informed that the AHRC has also written a separate letter to the UN Special Rapporteur on the right of education calling for an investigation in this case.

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