SRI LANKA: Inhuman and degrading treatment and deprivation of the right to education of a 16-year-old schoolgirl 

SRI LANKA: Assault; threat and intimidation; right to education; inaction by the police and education authorities
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Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the inhuman and degrading treatment and the deprivation of the right to education of a 16-year-old school girl by her school principal in Sri Lanka. J. Naomi Dilhara Jayasekera, a student at Siripala Kahawatte School, was physically assaulted by her Principal, Siripala Kahawatte for no apparent reason. When she and her parents then complained to the police and sought intervention from education authorities, the Principal made threats against the victim and effectively excluded her from attending school. When the victim did return to school she was forced to suffer public ridicule in front of her fellow students when the Principal repeatedly voiced various defamatory and insulting remarks about her at a school assembly.

The victim has suffered many injustices throughout this ordeal. She has been assaulted, admitted to hospital, denied her right to education, threatened, publicly humiliated and had her pending exams seriously jeopardized by the interruption of this entire matter. This incident, plus other similar ones we have reported on (UA-171-2005, UA-85-2005, UA-149-2004 and UA-32-2004), demonstrates that the law of the country is being violated with impunity time and time again by school teachers, especially against children belonging to poorer sections of society; with little or no action taken against the perpetrators.

In light of this we urge that an immediate inquiry be held into the incident, that appropriate disciplinary action be taken against the offending Principal and that he be suspended or interdicted from his present post. Physically punishing / assaulting schoolchildren in this way is against the law as per the Circular issued by the Education Department to all schools dated 11 May 2005. This is the same Circular that had been issued way back in 1921 by the British. Beating children causing them serious injury is also a violation of fundamental rights, amounting to an offence punishable under the Convention Against Torture Act No 22 of 1994 and punishable with a mandatory sentence of 7 years upon conviction. Such facts must not be ignored and it is the responsibility of the authorities to pursue the Principal to their fullest regarding this matter.

An investigation should also be conducted into the actions of the police who merely referred the matter to the Conciliation Board rather than investigate the allegations and lay charges as per the Circular issued by the Education Department.

Most importantly, the victim must be able to pursue her studies without further delay or disruption in a conducive environment free from torture, inhuman or degrading treatment.

Urgent Appeals Desk,
Asian Human Rights Commission

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DETAILED INFORMATION:

Victim: J. Naomi Dilhara Jayasekera, 16-years-old, a grade 11 student of Sumana Navodya School, Ratnapura
Alleged perpetrator: Siripala Kahawatte, the Principal of Siripala Kahawatte School
Place of incident: At the school
Date of incident: 25 July 2005 and continuing

Details of the incidents:

On 25 July 2005, at the conclusion of morning assembly, the Principal of the school, Siripala Kahawatte, beckoned to the victim. When the victim went up to him, without any explanation the Principal assaulted the victim on her face and head. This inhuman assault by the male Principal on a female student was witnessed by several teachers of the school including Buddhist monk, D. Dhammika. According to the victim, thereafter the Principal called a teacher named Gnanalatha who taught Sinhala language and asked her whether the victim had participated in the after-school class conducted by that teacher on July 21. The teacher replied that the victim had participated in the said class right to the end. This teacher had then pleaded with the Principal not to beat the victim. But the Principal replied, “well I have hit her” and turning to the victim said, “now go home and bring your father and mother to school”.

The victim went home and told her parents about the incident. The parents accompanied the victim to school. Upon the principal meeting them he accused the victim of various matters and also abused the parents in obscene and degrading language. Perturbed, the parents visited the Nivithigala police station that same day and lodged a complaint against the school Principal.

That night, due to the assault on her, the victim complained of severe head pain and also of feeling faint and nausea. She was also bleeding from her nose. Hence the next day around 7am the parents took her to the Nivithigala police station, where the police after recording her statement gave them a form and advised the parents to take their daughter to hospital.  So they proceeded to the Wathupitiwela hospital where the child was warded. On July 29 policemen attached to the Hospital police post recorded the victim’s statement. She was discharged from hospital that same day.

On the morning of August 3, several teachers from the school, viz. Ranjith, Samarakoon and Sanath visited the victim’s home. They admitted that the child had done no wrong. However, they also said that they did not want the Principal to get into any trouble and thus threatened the parents to withdraw their police complaint. The mother lodged a police complaint about this threat. However later, due to threats and intimidation by the Principal, the child refused to go to school. Two weeks later when the victim attempted to resume her studies, the Principal chased her from the school premises. The parents obtained a letter from the Zonal Director of Education directing the Principal to allow the victim into the school, and armed with the letter attempted to take their child back to school. However the Principal ignored the letter and refused to take her in. When they were leaving, several male students – apparently at the instigation of the Principal –lit crackers and hooted at the victim. This incident too was reported to the police by the mother. About 3 days later when the victim went to school accompanied by her mother, they saw posters on the school walls against the victim as well as the police. This was informed to the police who ordered the school prefects to remove the said posters.

Since her daughter had been deprived of her right to education for more than one month and with no respite in sight, on August 31 the mother complained to the Ratnapura District Education Office about the deprivation of her daughter’s education by her school principal. Accordingly the Education officer phoned the school and directed the school authorities to allow the victim back into school. Consequently on September 2 the Vice Principal Samarakoon and two other teachers informed the mother to bring the victim to school. On that day the Principal was not in school. The end of term exams had been in progress and after sitting for the exam the victim returned home.

Then on September 3 the family was informed to appear before the Conciliation Board. Accordingly the mother, father and daughter attended the Board hearing. At the hearing, this high-handed Principal threatened that if the victim attended school ever again he would leave the school. The Board hearing was postponed to September 10. On that day the Principal informed the Board that he was awaiting a transfer to another school and therefore he wished to settle this matter amicably. Wearied of being at the receiving end of this vicious Principal and anxious for their daughter to resume her education, the parents reluctantly agreed.

The child attended school until September 16 on which date school holidays were given. However, the victim said that though on most days she attended school the Principal was absent, on the September 14 he was present and had uttered various defamatory and insulting remarks about her during school assembly.  From September 19 to 23, several extra classes were held in the school premises in which the victim participated. On each of these days, the victim said that the Principal made derogatory remarks about her to the other students. Then when school reopened on the September 27 the Principal addressed the entire student body at assembly as follows: “some filthy swine has complained to the police against me; anyone of you too can go the police and chase me away”. He subsequently scolded the victim’s mother saying, “You went to the police and to courts and tried to chase me. But I will not leave. Instead, you get out of this school”.  He then chased the victim and her mother out of the school grounds. He also verbally abused several teachers who had spoken on behalf of the victim.

Since September 27 the victim has once again been arbitrarily deprived of her education. Making the matter worse is that the victim is due to sit for her GCE Ordinary Level examination in December, and this continued and vicious attack on her as well her character has seriously jeopardized her chances of passing that examination. Also, due to the lack of concern of the educational authorities, and the neglect or inefficiency of the police – who should have arrested and charged the perpetrator with assaulting an under aged child instead of referring the matter to the Conciliation Board — a 16 year old has been deprived her right to education. Apparently this is a typical tactic of the police — to transfer complaints to the Conciliation Board instead of investigating them in an attempt to pressurize the complainants into settling their grievances.

The perpetrator has also assaulted her, defamed and insulted her, scolded her as well as her parents in degrading and abusive language and also threatened them. But despite the numerous complaints and petitions made to the various authorities by the mother, and more than two months having passed since the assault, no action has been taken against the offending Principal.

SUGGESTED ACTION:

Please send a letter to the relevant authorities listed below voicing your strong condemnation of the Principal’s actions and the authorities failure to seek remedy for the injustices suffered by the victim and her family.

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