SRI LANKA: A boy brutally assaulted by his teachers and denied his right of education

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-90-2004
ISSUES: Child rights, Sexual violence,

Dear friends,

The Asian Human Rights Commission has received information that a 16-year-old boy named Balawedage Sahan Tharaka was severely assaulted by his teachers on 19-20 July 2004 and has been warned to leave the school. He is in year 11 of the Bulathsinhala Madya Maha Vidyalaya [Central College]. Due to a brutal assault, he was admitted at the to the Bulathsinhala Government Hospital on July 20 where he is receiving medical treatment until now. According to his family, B.S. Tharaka is now afraid of going to school in case of further punishment by the teachers. It was reported that the police have not begun any inquiry even though the boy’s family reported the incident to the Bulathsinhala police station.

AHRC calls for you to send a letter to the National Child Rights Authority of Sri Lanka and demand they conduct an immediate and thorough investigation into this matter. Children should not be assaulted by the teachers and their right to education must be preserved strictly in any circumstance. Please also urge them to provide a proper medical care to the boy.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of victim: Balawedage Sahan Tharaka, 16 years old, a student at the Bulathsinhala Madya Maha Vidyalaya in year 11
Alleged perpetrators:
1) Assistance Principal of Bulathsinhala M.M.V [Central College], Bulathsinhala
2) Ms. Manjula Watawala, a sports instructor, Bulathsinhala M.M.V
3) Another teacher of Bulathsinhala M.M.V
Date of incident: 19 July 2004 and 20 July 2004
Place of incident: Bulathsinhala M.M.V [Central College]

Case details:

The mother of Balawedage Sahan Tharaka said that the Assistant Principal and the sports instructor of Bulathsinghala M.M.V assaulted her son on 19 July 2004. She also reported that the Assistant Principal, the sport instructor and another teacher detained her son untill 3:00 p.m after school on 20 July 2004 and assaulted him mercilessly.

As a result of the assault, the boy’s face and eyes became swollen and he complained of severe pain to his family. His family then took him to the Bulathsinhala Government Hospital and he was admitted in ward no. 1 at about 9:30 p.m. on the same day. He is still in hospital. According to the mother, he is complaining of severe headaches and diminishing eyesight. She also said that the Bulathsinhala Government Hospital is a rural hospital so her son is unable to obtain adequate treatment.

Further, Balawedage Sahan Tharaka stated that Ms. Manjula Watawala, the sport instructor, warned him to leave the school so he is afraid of going back in case of further punishment by the teachers. On July 20, the family reported the incident to the Bulathsinhala police, however no inquiry or action has yet begun on this matter.

AHRC is deeply concerned with this case of child abuse and denial of the right to education. Therefore, AHRC urges the National Child Rights Authority of Sri Lanka to give immediate medical care to the victim if necessary must also to transfer him to a better hospital. The Bulathsinhala police and the National Child Rights Authority must also obtain the relevant statements from the victim and take immediate legal/disciplinary action against the teachers responsible for the assault of this student.

SUGGESTED ACTION:
Please send a letter to the National Child Rights Authority of Sri Lanka and demand it to take proper and immediate action to correct this matter.

Prof. Harendra De Silva
National Child Rights Authority
330, Thalawathgoda Road
Madiwella
SRI LANKA
Tel: +94 11 2 778912/13/14
Fax: +94 11 2 778915
E-mail: ncpa@childprotection.gov.lk

Send a copy to:

1. Mr. T.I. de Silva
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/426711/327877

2. A.D.U.S.A. Gunasekara
Senior Superintendent of Police, Kalutara
Fax. +94 34 2222199

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

SAMPLE LETTER

Prof. Harendra De Silva 
National Child Rights Authority 
330, Thalawathgoda Road 
Madiwella 
SRI LANKA

Dear Prof. Harendra De Silva,

Re: Case of A young Student- B.S. Tharaka; Assault by the teachers and denial of right of education

Name of victim: Balawedage Sahan Tharaka, 16 years old, a student at the Bulathsinhala Madya Maha Vidyalaya in year 11
Alleged perpetrators: 
1) Assistance Principal of Bulathsinhala M.M.V [Central College], Bulathsinhala
2) Ms. Manjula Watawala, a sports instructor, Bulathsinhala M.M.V
3) Another teacher of Bulathsinhala M.M.V
Date of incident: 19 July 2004 and 20 July 2004
Place of incident: Bulathsinhala M.M.V [Central College]

The young student mentioned above is presently warded at the Bulathsinhala Hospital and needs better medical treatment for the injuries that he has suffered due to the brutal assault by his two teachers at the Bulathsinhala Madya Maha Vidyalaya. I was shocked to learn of teachers attacking a child (their own student) in this way. Potection of the children is a function of the teachers but in this case they totally ignored their duty to the student. 

The acts of these teaches falls under the Convention Against Torture (CAT) Act of Sri Lanka (Act No. 22 of 1994) as they are government servants and they should be prosecuted accordingly. I urge you to order an immediate inquiry for the whole incident and take legal/disciplinary action against the teachers responsible for the assault of this student. I also request you to provide proper medical care to the child. I recommend that the boy be transferred to a better hospital if necessary. Further, the right to education of this student should be protected thoroughly.

I look for your action into this matter.

Sincerely yours,


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Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (AHRC)
Document Type : Urgent Appeal Case
Document ID : UA-90-2004
Countries : Sri Lanka,
Issues : Child rights, Sexual violence,