SRI LANKA: An alleged serious assault of 13-year-old boy by a school teacher

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that a 13 year-old boy has been excessively assaulted by a school teacher in Gedakawela, Ratnapura on 2 March 2007. Despite the doctor’s advice to hospitalize the boy after checking his condition, several teachers allegedly forced the child to return to school. In addition, the principal allegedly advised the boy’s family not to provide medical treatment for the victim anymore.

CASE DETAILS:

Pusselge Asanka Indrajith is a 13 year-old student in the 9th grade at Niyangama School, Gedakawela, Ratnapura, Sri Lanka. On 2 March 2007, Indrajith was allegedly subjected to a serious assault on his ears by a teacher named M.D.A. Kirthi Upul Dissanayake Bandara. The alleged reason for his assault is that he was making noise with other students in the classroom.

Indrajith was continuously slapped on his ears, with the teacher also pushing and grabbing him by the neck. Indrajith fell down and hit a desk and wall while the teacher completely ignored his injuries.

Only when Indrajith’s elder brother from the same school saw him crying in pain in a classroom was the youngster escorted to the principal’s office. The principal then let Indrajith go to the hospital to be accompanied by two teachers. The doctor suggested that Indrajith be hospitalized but the two teachers, regardless of the doctor’s advice, allegedly took Indrajith back to school after the medical examination.

Indrajith’s father heard about the incident and ran to the school to ask to take Indrajith back home. However, the principal did not allow the father to take Indrajith home, which aggravated the victim’s physical and mental conditions. Indrajith consequently suffered severe pain and vomited throughout the night.

The next morning the principal visited Indrajith’s home. Rather than expressing regret and apologizing, the principal allegedly advised Indrajith’s family not to take the boy for further medical treatment.

However, Indrajith’s mother took him to see the same doctor again who then prescribed pain killers. Subsequently, Indrajith’s mother made a complaint to the Godakawela police station and hospitalized her son according to the police’s advice. Indrajith remained in hospital for two days and was then transferred to the Ratnapura General hospital for further treatment lasting another two days.

Indrajith’s mother has lodged a complaint to the Human Rights Commission of Sri Lanka (HRCS), Inspector General Police (IGP), Deputy Inspector General (DIG-Legal Division), and the Director Education of Sabaragamuwa Province.

BACKGROUND INFORMATION:

The AHRC condemns that the brutal assault of the teacher against the victim as criminal offence and undisciplined act that the teachers could take at the school to the children. The United Nations Convention on the Rights of the Child (CRC) demands its state parties to provide necessary protection to the children in the country from all forms of physical violence, injury and abuse. No amount of misbehaviour by a student justifies physical abuse of any nature.

Corporal punishment and assault of schoolchildren in Sri Lanka is regulated by Circular No. ED/01/12/01/04/24, issued by the Education Department on 11 May 2005 to all local schools, which prohibit the use of corporal punishment on school children.

Article 10 of the Convention of Sri Lanka also points out that everyone has the rights not to be subjected to torture or to other cruel, inhuman and/or degrading treatment or punishment which is also contained in Article 37(a) of Convention on the Right of the Child (CRC) to which the Sri Lanka is a state party. Nevertheless, the legal system permits the use of corporal punishment in schools since there is no appropriate and specific law in accordance with the international standard to prohibit all forms of physical or mental violence in schools in Sri Lanka. It regularizes the corporal punishment for schoolchild and justifies the violence in school society rather than eliminate it.

According to CRC, 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]. Moreover, assault and violence in closely oriented societies like schools should be considered as a form of torture arising in the official sphere and prohibited by the government and relevant authorities. However, instead this violence tend to be justified and intensified merely as a measure of instruction.

To prevent the recurrence of cruel corporal punishment in the schools of Sri Lanka, the government authority and relevant authorities should take appropriate legal measures based on CRC and CAT to prohibit all forms of punishment and to promote physical and psychological recovery and social reintegration of the child victim suffered from the assault conducted by their teachers rather than sending out the Circular to the school in Sri Lanka.

Further, the Education Department and the teachers should ultimately conceive more human and positive means instead of corporal punishment, which will create a positive and open educational culture and society without violence in Sri Lanka. 

Please also refer to the AHRC’s previous urgent appeals on corporal punishment of schoolchild in Sri Lanka: UA-095-2007, UA-395-2006, UA-360-2006, UA-324-2006, UA-243-2006 and UA-104-2006).

SUGGESTED ACTION:

Please write to the relevant authorities listed below and urge them to take action against the violent teacher and principle. Please also urge the UN Special Rapporteur on the Right to Education to intervene in this matter.

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