SRI LANKA: A 15-year-old girl is deprived of education due to the arbitrary and unethical practices of two school principals

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the alleged deprivation of the right to education of a 15-year-old schoolgirl by the Principals of two schools, in disregard of instructions of the Director of Education to admit her. As a result, the victim, who is being brought up by her grandparents has been denied her education for almost 2 months. Reportedly, no departmental inquiry or disciplinary action has been taken against those principals who are left to continue their arbitrary and unethical practices in total impunity.

CASE DETAILS: (based on victim’s testimony)

The victim, 15-year-old, P.M. Udeshika Priyani Premachandra has been living with her grandparents for a long time now. Her father died 3 months before her birth and her mother remarried and moved away. The responsibility of bringing raising and educating her fell on the shoulders of her aging grandparents.

On 3 July 2007, she ran away from home with a schoolmate, a boy named Nuwan. Eventually a relative traced her whereabouts and she was brought home by the Godakawela Police. The boy was remanded and she was duly produced before the Embilipitiya Court. The Magistrate referred the case to the probation officer and also instructed her to return to school the very next day and concentrate on her education.

On 9 July 2007, the victim’s grandfather, J.M. Roland Gunathilake Bandara (75) and a farmer by occupation took her back to the Balavinna School in Embilipitiya. The school Principal told him to return with the girl two days later (August 11). So again on August 11, Mr. Bandara took her to school in the morning only to be told to come back at 2:00pm. But then, the Principal merely took her signature for her Ordinary Level examination application and then ordered her not to return to school.

Stunned by this unexpected turn of events, Mr. Bandara immediately reported the incident to the probation office in Embilipitiya. The probation officer gave him a letter to be handed over to the Embilipitiya District Education officer. Mr. Bandara took the letter to the District Education Office, but was told to return on 18 July 2007.

On 18 July 2007 he met with the District Education Officer who told him if the Balavinna School Principal was refusing to allow her back into the school for him to get her admitted to another school, namely the Pallebadda School in Ratnapura. He also gave him a letter for the Pallebadda School Principal to admit the girl to that school. However when Mr. Bandara visited the Pallebadda School with the victim, the Principal only read the letter written by the Deputy Director of Education and returned it, refused to comply.

Mr. Bandara went back to the Probation Office and the District Education Office and reported what had transpired. The Director of Education then wrote to the Balavinna School Principal, instructing him to allow the victim to continue her education there. The next day (July 19) the wearied Mr. Bandara returned to the Balavinna School but the Principal refused both to accept the letter as well as to comply with the request contained therein. Instead he told Mr. Bandara to meet him at the Education Director’s office on 25 July 2007 in the morning and settle ‘this matter’ once and for all. But on the appointed day, though Mr. Bandara patiently waited, the Principal failed to show up. Education Officials were of the opinion that the Principal would not come.

Mr. Bandara against went to meet the Balavinna School Principal. Upon seeing him, the Principal had warily asked him: “with whose letter did you come this time?” He then grumbled that the victim was a real problem and he had decided that regardless who told him, he will not take the victim back to school. Instead, he attempted to placate Mr. Bandara by saying that the victim was a bright child and will undoubtedly pass her Ordinary Level exam (even without attending school). He also advised Mr. Bandara to send her for private tuition classes.

Therefore, despite the Magistrate’s advice, and numerous official requests by the District Education Officials to the Principals of the Balavinna and Pallebadda Schools, a 15-year-old girl has been deprived of her right to education for almost 2 months. No disciplinary action has been taken against the Principals for disobeying the instructions of the Education Office. Mr. Bandara laments that he was treated so shabbily because he was a poor and powerless old man. But he is determined to continue his fight to obtain justice for his 15-year-old grand daughter who has already been deprived of so much through no fault of her own.

Thus, he has now forwarded written complaints to all educational and other relevant authorities requesting that the victim’s right to education is restored immediately. He has also urged these authorities to take prompt and appropriate disciplinary action against the Principals of the Balavinna and Pallebadda Schools for their arbitrary and unethical practices.

ADDITIONAL COMMENTS:

The AHRC has earlier reported several appeals relating to the corporal punishment by school teachers and subsequent denial of education by the principal of schools when the victims lodge a complaint against the alleged school teachers. Please refer to our previous appeals, UA-236-2007, UA-187-2007 and UA-126-2006. Please also refer to previous appeals relating to alleged assault to a student by teachers, UA-236-2007, UA-208-2007, UA-141-2007, UA-095-2007 and UA-360-2006.

In 3 August 2007, the Child Protection Authority (CPA) has appointed a Special Committee to investigate complaints against teachers and principals meting out physical punishment or sexually abusing students. It further noted that the CPA had formulated a plan to set up Child Protection Committees in all national schools in order to eliminate physical punishment and sexual abuse on students with the assistance of the Education Ministry.

While the AHRC welcomes the establishment of the Special Committee, it is still doubtful that how those committees function well and effectively due to the failure of its system. Local teachers and principals usually disregard the order from department of education even though the department had written a letter to the principal concerned to permit a victim to attend the school. It is also very rare that the teachers get any legal or disciplinary action by the law even the law exits for some years.

Due to this dysfunction of the system, it is the victim who suffers from further harassment by school teachers and deprives of his or her right to education due to the lack of follow-up action taken by the Ministry of Education or National Child Protection Authority against those responsible.

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 this 15-year-old victim. Also urge them to take disciplinary action against the unethical practices of the two school Principals of the Balavinna and Pallebadda Schools.

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