Dear friends,
The Asian Human Rights Commission (AHRC) has received information that a boy was brutally beaten by his principal and hospitalised on 3 August 2007. No action has been taken by the police and the principal has instructed the parents to remove him from the school. It has also been alleged that the principal, whilst working in another school, beat another boy so badly that he suffered a damaged eardrum.
CASE DETAILS: (based on the victim’s testimony)
On 3 August 2007, most of the students of Kottukachiya Navodya Maha Viddyalaya, Puttalam were playing in the playground, and as the Principal’s wife, Teacher Anulawathie, passed by the area, a boy made a passing remark. Another boy reported this incident to the Teacher. When he was asked who had made this remark, the boy who himself was unclear about it, pointed to the group of boys who were playing. The teacher took this to mean that the student responsible was Wakkuburegedera Kushan Chanaka.
The teacher called for Kushan Chanaka to report to the principal, Mr. Devappriya Abeysinhe. The principal called the victim in, and asked him if he had made the remark. When the victim stated that he did not know what Mr. Abeysinhe he principal was asking about, he was brutally assaulted with a broomstick. Subsequently, the Mr. Abeysinhe took the victim outside and assaulted him again. A member of staff, Ms. Nirmala, witnessed this and asked the Principal not to assault the victim in this manner. The Principal then shouted at her to mind her own business.
Mr. Abeysinhe told the victim to apologise to his wife. After doing so, Kushan Chanaka walked towards his classroom but fainted on the way. Some boys sprinkled water on him and were able to take him to the classroom. Some older students saw the injury to the victim’s wrist, and they wanted to take him to the hospital. The Principal instructed them to take him only after school hours. Kushan Chanaka was later taken to Mallakulam Rural Hospital, Kottukachchiya.
At 11:30am, some students from the School went to inform Kushan Chanaka’s mother of the incident and that he had been hospitalised. The lady ran to the school to find out what had happened but when she got there the school had closed. She then visited the hospital, and saw that her son lying on a hospital bed, crying, and in pain. She saw blood around his wrist and his right arm was in a sling. The doctor informed her that an X-ray was needed and the victim would be transferred to Puttalam Hospital. He was transferred at 3:40pm.
The x-ray was taken on 4 August 2007, and the victim was hospitalised until 6 August 2007. However, on the day of his discharge, and on the same night, the victim started crying and was still in pain. His family took him to receive Ayurvedic treatment.
It is reported that the principal, Mr. Devappriya Abeysinhe previously worked at Sebbukulam Junior School where it is alleged he also assaulted, damaging his eardrum. He was transferred to the victim’s school after that incident. Despite his record of administering illegal and brutal acts of corporal punishment against students, he still holds his post as principal.
It is alleged that the Principal has also instructed for the victim’s parents to remove the Kushan Chanaka from the school. This case has been reported to the National Police Commission and Human Rights Commission. However, no action has taken into the incident or against the principal.
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-268-2007, 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 below authorities to urge them to take immediate action into the case. The Principal should be faced with legal and disciplinary action if found guilty, and the victim should receive protection of his right to education and adequate compensation.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: A student hospitalised after assault and denied of education by principal
Name of victim: Wakkuburegedera Kushan Chanaka, living at 6th Mile Post,Kaladiya,Puttalam, 15 years old, 11th Grade student at Kottukachiya Navodya Maha Viddyalaya.
Name of alleged perpetrator: Mr. Devappriya Abeysinhe, Principle of Kottukachiya Navodya Maha Viddyalaya, Puttalam
Place of incident: Kottukachiya Navodya Maha Viddyalaya, Puttalam
Date of incident: 3 August 2007
I am writing to voice my deep concern regarding brutal assault and denial of education of Kushan Chanaka by his principal.
On 3 August 2007, most of the students of Kottukachiya Navodya Maha Viddyalaya, Puttalam were in the playground, and as the Principal’s wife, Teacher Anulawathie, passed by the area, a boy made a passing remark. Another boy reported this incident to the Teacher. When he was asked who had made this remark, the boy who himself was unclear about it, pointed to the group of boys who were playing. The Teacher took this to mean that the student responsible was the victim, Wakkuburegedera Kushan Chanaka.
The Principal called the victim in, and asked him if he had made the remark. When the victim stated that he did not know what the Principal was asking about, the Principal brutally assaulted him with a broomstick. Subsequently, the Principal took the victim outside and assaulted him again. A member of staff, Miss Nirmala, witnessed this and asked the Principal not to assault the victim in this manner. The Principal then shouted at her.
The Principal asked the victim to apologise to his wife. After doing so, he walked towards his classroom, whereby he fainted on the way. Some boys sprinkled some water on him and were able to take him to the classroom. Some older students saw the injury to the victim’s wrist, and they wanted to take him to the hospital. The Principal instructed them to take him only after school hours. The victim was later taken to Mallakulam Rural Hospital, Kottukachchiya.
The victim’s mother visited the hospital, and saw that her son was lying on the hospital bed, crying, and in pain. She saw blood marks around his wrist and the right arm was in a sling. The doctor informed her that an X-ray is needed and the victim would be transferred to Puttalam Hospital.
The x-ray was taken on 4 August 2007, and the victim was hospitalised until 6 August 2007. On the same night as his discharge, the victim started crying and was still in pain.
It is reported that the Principal of the victim’s school, Mr. Devappriya Abeysinhe, previously working at Sebbukulam Junior School, also assaulted a boy while at that school, damaging his eardrum. He was transferred to the victim’s school after that incident. Despite his record of administering illegal and brutal acts of corporal punishment against students, he still holds his post at the victim’s school.
I was also informed that the Principal also instructed for the victim’s parents to remove the Kushan Chanaka from the school. This case has been reported to the National Police Commission and Human Rights Commission, however there has been no action taken into the incident or against the Principal.
In light of this, I demand that you take immediate action into this case to conduct a thorough investigation. The lack of prosecution against the Principal for his actions is unacceptable if proven guilty.
Once a case has been enacted against the Principal, he should also be suspended or removed from his post to protect the victim from further harm or possible harassment, and also so as not to hinder any independent investigations into the matter. The victim should have his right to education protected from the Principal’s instructions to have him removed from the school. He should also be awarded compensation for his medical expenses and suffering. Furthermore, it would be advisable for the Education Department and teachers of Sri Lanka to promote and instigate non-violent and more humane forms of instruction other than corporal punishment.
I am also informed that in general case of corporal punishment and denial of education, you have issued orders or letters sent to the school concerned to protect the victim’s right to education however, your actions are simply disregarded by school teachers or principals and not implemented at all. Even though a victim files a case against the school teachers and principals, the victim would be further harassed by them because they are holding their post in the school. Therefore I urge you to ensure that your actions should be implemented after thorough investigation into this case.
I look forward to hearing from you soon.
Yours sincerely,
—————-
PLEASE SEND YOUR LETTERS TO:
1. Chairperson
National Child Protection Authority
330, Thalawathgoda Road
Madiwella
SRI LANKA
Tel: +94 11 2 778912/13/14
Fax: +94 11 2 778975
E-mail: ncpa@childprotection.gov.lk
2. Minister for Education
Ministry of Education
“Insurupaya”
Battaramulla, Colombo
SRI LANKA
Tel: + 94 11 2 785 617
Fax: + 94 11 2 784 846
3. Secretary
Human Rights Commission of Sri Lanka
No. 36, Kynsey Road
Colombo 8
SRI LANKA
Tel: +94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
E-mail: sechrc@sltnet.lk
4. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
5. Bo Viktor Nylun
Head of Child Protection
UNICEF Sri Lanka
P.O. Box 143, Colombo
SRI LANKA
Tel: +94 11 2 555 270 (6 lines)
Fax: +94 11 2 551 333
E-mail: colombo@unicef.org
6. Mr. Vernor Munoz
Special Rapporteur on the right to education
OHCHR-UNOG, Palais Wilson,
8-14 Avenue de la Paix,
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9615
Fax: +41 22 917 9006 (ATTN: SPECIAL RAPPORTEUR EDUCATION)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
