SRI LANKA: Police and state negligence, claims lives of an innocent mother and her infant child

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: AHRC-UAC-031-2015
ISSUES: Child rights, Impunity, Inhuman & degrading treatment, Rule of law, Women's rights,

According the information received by the Asian Human Rights Commission (AHRC) a mother and her 18 month old infant has died suddenly, on 6th April 2015, as a result of continued domestic violence and abuse. Ms. Matinge Dilrukshi Helsi Pavithrani 22 years old, was a residence of No. 03rdPiyawara, Doramadalawa, Mihinthale, in the Mihinthale Police Division, in the District of Anuradhapura. She has on several occasions suffered as a result of domestic violence due the actions of both her husband and her mother in law. She has made several and repeated complaints to the Mihinthale Police Station who have failed to initiate nor conduct any investigations with regard to her complaints. On 6th of April 2015, Dilrukshi was found with her 18 month old child in a well, used for agriculture situated next to their house. Both the mother and child have later been admitted to the Mihinthale Government Hospital by villagers. On admission, the doctors have pronounced them both dead. According to relatives the failure of not only the police but several other state agencies to assist Dilrukshi when she reached out to them for help on several occasions has finally led to ending their lives and are now seeking justice and reparation for this gross negligence.

CASE NARRATIVE:

According to the information received by the Asian Human Rights Commission a young mother, Dilrukshi Helsi Pavithrani, 22 years old along with her 18 month old infant child have been driven to commit suicide due continued abuse and domestic violence and abject poverty.

Matinge Dilrukshi Helsi Pavithrani was a residence of 3 Piyawara, Doramadalawa, Mihinthale, in the Mihinthale Police Division in the Anuradhapura District. She was married to Mr. Rankende Bandaralage Vijekumara, 28 years old, and resides in a small house built on land given to them by the husband’s parents and they had one child, Rankende Bandaralage Ranuka Denuwara – an 18 month old healthy child.

Dilrukshi’s husband had no proper income nor a permanent job. He was engaged in working on odd jobs that came his way on a daily basis and Dilrukshi was also unemployed. According to governments economic indicators, Dilrukshi and her family, were way below the poverty line earning at time, less than 1 US$ a day. Therefore, she and her family were receiving welfare under the Government’s welfare programme called “Samurdhi National Programme for Poverty Alleviation” – received by families below a set poverty line. Dilrukshi and her family got by with much difficulty. In this backdrop, her husband became extremely violence and resorted to abusing Dilrukshi as a result and she thus had been facing continuous threats to her life from this behavior. According to information we have received, this abuse most often started with verbal abuse and often she had been abused and assaulted physically. Thus Dilrukshi had been suffering this abuse having also to care for her infant child. Further information revealed that at times her in-laws would step in with assistance, in the aftermath of excessive domestic violence by her husband.

On 5th of April 2015, too Dilrukshi had faced the same difficult situation; her husband had verbally abused her and then started assaulting her physically. Her husband has continued to abuse her till next day morning on 6th April. At this time her mother-in-law, had joined in the abuse with her husband. Following this abuse Dilrukshi had left the house, stating that she is eager also to participate at the Samuridhi welfare programme meeting which is mandatory to attend by all welfare beneficiaries in the village.

According to the police media announcement having suffered enough of the continued domestic abuse and violence at the hands of her husband and his family, Dilrukshi had committed suicide by jumping into the well behind her house, together with her infant child. The police report further states that she died as a result of jumping into a well, which is 20 feet deep. Later, relatives and neighbours have been able to bring them out and admit them to the government hospital where doctors have pronounced them both death upon admission.

This is not an isolated case of death of a mother and her child, Recently the AHRC has reported several cases of similar nature where the mother along with children jump into rivers and commit suicide due to poverty . In one such instance the mother handed over all her children to the Magistrate in Avissawella with the complaint that she is no longer in a position to take care of them and to feed them due to desperate poverty.

Anuradhapura is one of the poorest Districts in Sri Lanka. Sri Lanka has implemented several programmes to alleviate poverty, considered as one of the most difficult tasks faced by the government in the last century. Sri Lanka was among the low income states and several years ago it uplifted to a middle income country due to a sharp increase in the domestic gross product. Several successful poverty alleviation programes implemented during the last 10 years also helped that country to achieve that status. Sri Lanka was able to bring down its percentage of people under the poverty line from 15.2 in 2006 to 6.7 by 2013. That was due to the many successful poverty alleviation programmes initiated by the government. But despite all such programmes, in the Anuradhapura District the population is under the poverty line, the same as it existed in 2013 at 7.6 and has not seen an increase hence. Though the government has initiated several poverty alleviating programmes, integral corruption, and malpractices in the state’s mechanisms is preventing the achievement of benefits to the people. These enormous economic difficulties have created a lawless and violent situation among the poorest of the poor families in the country. This has ultimately led to a state where a simple domestic quarrel leads, to abuse, which leads in ending innocent lives.

Dilrukshi’s family members and relatives state that the sudden death of their daughter and the grandchild was in particular due to the inaction of the law enforcement agencies and the malpractices of several government agencies. They states that if the Mihintale Police Station promptly and effectively investigated the complaints made by their relative, the deaths could have been averted and are now seeking justice for Dilrukshi and her baby.

SUGGESTED ACTION:

Please request the authorities to prosecute those proven to be responsible for misusing and ignoring the powers of the state. All officers involved must be subject to internal investigations for breach of department orders. Please also urge and request the National Police Commission and the Inspector General of Police, to conduct a special investigation into the malpractices done by state and police officers.

Please note that the AHRC will write a separate letter to the Special Rapporteur on Violence against Women in the above regard.

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

SAMPLE LETTER

Dear …………….,

SRI LANKA: Police and state negligence, claims lives of an innocent mother and her infant child

Name of the victim: Matinge Dilrukshi Helsi Pavithrani (22) was a residence of 3 Step, Doramadalawa, Mihinthale, in the Mihinthale Police Division in Anuradhapura District.
Alleged perpetrators: Officer-in-Charge (OIC) of Police Station of Mihinthale 
Date of incident: 6th April 2015
Place of incident: Mihinthale Police Division

I am writing to express my serious concern over the incident of the death of a mother and her child by jumping into a well due to abject poverty, and domestic abuse at the hands of her husband, in the Anuradhapura District in Sri Lanka. As per the information I have received, a young mother, Dilrukshi Helsi Pavithrani, 22 years old along with her 18 month old infant child have been driven to commit suicide due continued abuse and domestic violence and abject poverty.

Matinge Dilrukshi Helsi Pavithrani was a residence of 3 Piyawara, Doramadalawa, Mihinthale, in the Mihinthale Police Division in the Anuradhapura District. She was married to Mr. Rankende Bandaralage Vijekumara, 28 years old, and resides in a small house built on land given to them by the husband’s parents and they had one child, Rankende Bandaralage Ranuka Denuwara – an 18 month old healthy child.

Dilrukshi’s husband had no proper income nor a permanent job. He was engaged in working on odd jobs that came his way on a daily basis and Dilrukshi was also unemployed. According to governments economic indicators, Dilrukshi and her family, were way below the poverty line earning at time, less than 1 US$ a day. Therefore, she and her family were receiving welfare under the Government’s welfare programme called “Samurdhi National Programme for Poverty Alleviation” – received by families below a set poverty line. Dilrukshi and her family got by with much difficulty. In this backdrop, her husband became extremely violence and resorted to abusing Dilrukshi as a result and she thus had been facing continuous threats to her life from this behavior. According to information we have received, this abuse most often started with verbal abuse and often she had been abused and assaulted physically. Thus Dilrukshi had been suffering this abuse having also to care for her infant child. Further information revealed that at times her in-laws would step in with assistance, in the aftermath of excessive domestic violence by her husband.

On 5th of April 2015, too Dilrukshi had faced the same difficult situation, her husband had verbally abused her and then started assaulting her physically. Her husband has continued to abuse her till next day morning on 6th April. At this time her mother-in-law, had joined in the abuse with her husband. Following this abuse Dilrukshi had left the house, stating that she is eager also to participate at the Samuridhi welfare programme meeting which is mandatory to attend by all welfare beneficiaries in the village.

According to the police media announcement having suffered enough of the continued domestic abuse and violence at the hands of her husband and his family, Dilrukshi had committed suicide by jumping into the well behind her house, together with her infant child. The police report further states that she died as a result of jumping into a well, which is 20 feet deep. Later, relatives and neighbours have been able to bring them out and admit them to the government hospital where doctors have pronounced them both death upon admission.

This is not an isolated case of death of a mother and her child, Recently the AHRC has reported several cases of similar nature where the mother along with children jump into rivers and commit suicide due to poverty . In one such instance the mother handed over all her children to the Magistrate in Avissawella with the complaint that she is no longer in a position to take care of them and to feed them due to desperate poverty.

Anuradhapura is one of the poorest Districts in Sri Lanka. Sri Lanka has implemented several programmes to alleviate poverty, considered as one of the most difficult tasks faced by the government in the last century. Sri Lanka was among the low income states and several years ago it uplifted to a middle income country due to a sharp increase in the domestic gross product. Several successful poverty alleviation programes implemented during the last 10 years also helped that country to achieve that status. Sri Lanka was able to bring down its percentage of people under the poverty line from 15.2 in 2006 to 6.7 by 2013. That was due to the many successful poverty alleviation programmes initiated by the government. But despite all such programmes, in the Anuradhapura District the population is under the poverty line , the same as it existed in 2013 at 7.6 and has not seen an increase hence. Though the government has initiated several poverty alleviating programmes, integral corruption, and malpractices in the state’s mechanisms is preventing the achievement of benefits to the people. These enormous economic difficulties have created a lawless and violent situation among the poorest of the poor families in the country. This has ultimately led to a state where a simple domestic quarrel leads, to abuse, which leads in ending innocent lives.

Dilrukshi’s family members and relatives state that the sudden death of their daughter and the grandchild was in particular due to the inaction of the law enforcement agencies and the malpractices of several government agencies. They states that if the Mihintale Police Station promptly and effectively investigated the complaints made by their relative, the deaths could have been averted and are now seeking justice for Dilrukshi and her baby.

In view of the above, I hereby earnestly request your good offices to take whatever steps necessary and call on the relevant authorities to prosecute those proven to be responsible for misusing and ignoring the powers of the state. All officers involved must be subject to internal investigations for breach of department orders. I also urge the National Police Commission and the Inspector General of Police, to conduct a special investigation into the malpractices done by state and police officers.

I therefore request your urgent intervention with the authorities listed below. Please ask that they instigate an immediate investigation into the allegations of not investigating the complaints. Further please intervene at your earliest to bring those responsible before justice.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Mr. N.K. Illangakoon
Inspector General of Police (IGP)
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440
Email: com@police.lk 

2. Mr. Yuvanjana Jawaharlal Wanasundera Wijayatilake, PC
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421

3. Chief Justice
Office of the Chief Justice of the Supreme Court of Sri Lanka
Superior Courts Complex
Colombo-12
SRI LANKA
Fax: +94-11-2437534

4. Secretary
National Police Commission
3rd Floor Rotunda Towers
109 Galle Road
Colombo 03
SRI LANKA
Tel/Fax: +94 11 2 395960
Email: polcom@sltnet.lk 

5. Secretary
Human Rights Commission of Sri Lanka
No 108 Barnes Place
Colombo 07
SRI LANKA
Tel: +94 11 2 694 925+94 11 2 694 925 / 673 806
Fax: +94 11 2 694 924 / 696 470
Email: sechrc@sltnet.lk

6. Mrs. Natasha Balendra
Chairperson – National Child Protection Authority
National Child Protection Authority,
No. 330, Thalawathugoda Road,
Madiwela,
Sri Jayawadrenapura,
Sri Lanka.
Tel: +94 11 2 778 911 – 4 (Ext:121)
Fax: +94 11 2 778 915
Email: chairperson@childprotection.gov.lk

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ua@ahrc.asia)

Document Type : Urgent Appeal Case
Document ID : AHRC-UAC-031-2015
Countries : Sri Lanka,
Issues : Child rights, Impunity, Inhuman & degrading treatment, Rule of law, Women's rights,