SRI LANKA: Brutal assault of a 15-year-old girl by a male school teacher

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding an alleged brutal assault on a young female student by a male school teacher in the Kegalle district on 18 June 2007. It is reported that the teacher used a cane to assault the girl about 20 times, on her hands and legs allegedly for being seeing ‘talking to a boy on the road’. Consequently the young victim had to be hospitalized for 2 days and treated for her injuries. 

CASE DETAILS:

A 15-year-old girl (name withheld to maintain confidentiality) is a grade 10 student at the Hettimulla Bandaranayake School in Kegalle. On 18 June 2007, she was preparing for the English class when the English teacher, P. Elapperuma walked into the classroom and summoned her to the front of the class. Allegedly, he accused her of being seen talking to a boy on the road and taking a long cane violently struck her about 10 times on her hands and legs. He allegedly verbally abused her using disparaging and defamatory language on her and also threatened to beat her again.

Thereafter, Mr. Elapperuma arbitrarily forbid the victim to attend his English class again and also notified her parents in writing of same. Some time later and before the end of the English lesson, according to the victim, he had once again ordered her to come before the entire class and allegedly struck her again with the cane 10-15 times. Finally, he had instructed the other students in the class not to speak with and nor have any dealings with her. He threatened them that if they did, the same fate would befall them. 

The victim says that students of classes 10A and 10C witnessed this brutal attack by Mr. Elapperuma on her person and are willing to give evidence to the incident.

Such a brutalization and humiliation before her colleagues severely traumatized this impressionable young girl to such an extent that according to her mother, the victim had attempted to run away from home that day. Luckily after an intensive search, the parents had been successful in finding her in time and coaxing her back home. It was then that the victim confided in her parents about the assault by her English teacher. Later the victims had to be hospitalized for 2 days for the injuries she sustained. 

The victim’s mother also says that according to information she had received, the teacher Mr. Ellaperuma has a prior bad record of assaulting students and that currently there are court cases pending against him. Nonetheless, no disciplinary action has been taken against him either by the Principal or education authorities—so he continues to heap his wrath on the students of the school. 

Subsequent to this assault and humiliation, the victim continues to suffer from severe mental trauma and is refusing to attend school anymore. Thus the incident seems to have seriously jeopardized her educational future. The victim’s parents have subsequently complained inter alia to the Principal of the School, Director of Education, Kegalle District, Senior Superintendent of Police (SSP) Kegalle District, the Attorney General and the Chief Justice. They have urged that their complaint be investigated post haste and that legal and disciplinary action be taken against the alleged perpetrator. They have also requested the education authorities to obtain a new school for their daughter to resume her education. 

ADDITIONAL COMMENTS:

Physically assaulting children and causing them serious injuries amount to offences under several domestic statutes in Sri Lanka. According the errant teacher Mr. Elapperuma could be charged under the country’s Penal Code—Section 116 (for causing grievous bodily harm) or under Section 308A (cruelty to children). He can even be charged under the Convention Against Torture Act No 22 of 1994. Therefore it is the bounding duty of the Police to immediately investigate the incident including recording statements from the students of classes 10A and 10C who were eye-witnesses to the crime. They should also forthwith, arrest Mr. Ellaperuma and file appropriate charges against him. It is also the duty of the Attorney General to consider filing charges against him under the Anti-Torture Act. 

Furthermore it is the bounded duty of the education authorities to note that Mr. Elapperuma has contravened express directions of the Ministry of Education contained in circular no. 2005/17 (issued on 11.05.2005) prohibiting the use of physical punishment on student under whatever circumstances. Therefore we urge the Education Department and other relevant educational authorities to hold a disciplinary inquiry against the alleged perpetrator and take stern disciplinary action against him. 

Finally it is worth mentioning that Sri Lanka is a state party to the United Nations Convention on the Rights of the Child (CRC), and as such it is mandatory on the Sri Lankan government to take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of violence in conformity with article 19 of the CRC.

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

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