SRI LANKA: Abused child forced to leave the school by the principal

Dear friends, 

Mr. Saliya Chandrasena and Padma Jayanthi are the parents of an 11 year child, Aruna Dinujaya Chandrasena. They wanted to admit their child to a better school for his education so in May 2011 they admitted their child to Lakpahana Adventist College Mailapitiya to year 6. During the process of admitting the child the principal asked the parents to pay Rs. 116,600/= to the school which they did. Later the child was sent to the school’s hostel. Then after one week the child went home complaining about abuse by senior students and the warden of the hostel, a Mr. Stanley. However at the insistence of the parents the child was again sent to the hostel on 30 May. But the next day the child escaped from the school with another child as he was no longer able to bear the harassment and abuse. The parents then made a complaint regarding the abuse to the Thalathuoya Police Station. However, the officers did not inquire into the complaint of abuse but instead claimed that the child had stolen a wrist watch and Rs. 350/= from the school; this allegation was after a verbal complaint made by the principal. As a result the child was expelled from the school at the request of the principal. The Rs. 116,600/= paid by the parents was not returned. This case is yet another illustration of the connivance of the police with the state authorities and teaching staff. 

CASE NARRATIVE: 

According to the information the Asian Human Rights Commission has received Mr. Saliya Chandrasena and Padma Jayanthi of ‘Ajantha’ Kiriporuwa, Ampagala, Bulathkohupitiya are the parents of an 11-year-child, Aruna Dinujaya Chandrasena. Saliya is a driver employed at the Central Finance Company (CFC). It was the greatest wish of Saliya and Padma to give Aruna a good education. In May 2011 Aruna was admitted to Lakpahana Adventist College Mailapitiya to year 6 and was also admitted to the boarding hostel of the same school. 

For admission into the school Aruna’s parents were asked to pay Rs. 116,600/= which they paid with the assistance of Aruna’s aunt in Australia. However within a week Aruna returned home saying that he was subjected to inhuman treatment and abuse by the senior students of the boarding and the warden Mr. Stanley. At the request of the parents Aruna returned to school on the 30 May 2011 but on the 31 Aruna left the school with another friend, due to the severe harassment by the senior students. 

Shockingly, neither the principal not the school authorities instigated a search for the missing children. Nor did they made a report to the police. Aruna’s parents found him as he was making his way home. On 6 June the parents made a complaint to the Thalathuoya Police Station regarding the abuse, harassment and inhuman treatment. The police held an inquiry on 8 June 2011. 

At the inquiry the Lakpahana School’s principal accused Aruna and his friend of stealing a wrist watch and Rs. 350/=. Rather than make any realistic inquiries into the allegations of abuse the police officers scolded Aruna and his friend in abusive language and forced them to accept the allegation. Due to the threats of the police Aruna and his friend confessed that they stolen the items and Aruna’s father was forced to pay Rs. 3500/= in compensation to the principal at the police station. He did this in the hopes that Aruna would be able to continue his schooling. 

However, after receiving the money the principal then told the parents that Aruna was expelled from the school and would not be readmitted. None of this was recorded by the police. When Aruna’s father requested the principal to refund the money paid to the school only a week before he told the parents that the school would not return the full amount. 

On 19 June Aruna’s father went to the Thalathuoya Police Station once again to request the money he deposited with the school, in order that he would be able to admit him to another school. However the principal refused to refund the money but agreed to only provide a leaving certificate. 

The parents, Saliya and Padma, felt that the school authorities were working in hand in hand. Furthermore, Aruna is now without a school and being denied his right to education. The police officers have not taken any action regarding the allegations of inhuman treatment and abuse by the warden and the senior students. 

Therefore they request impartial inquiries into the incident and the deposited money to be returned so that they can afford to send Aruna to another school. 

ADDITIONAL COMMENTS: 

The Asian Human Rights Commission has reported innumerable cases of abuse by school authorities and as to how the allegations made by the parents and the victims themselves are covered up by the police. 

Cruelty to children and the child abuse has been penalized by the Penal Code Amendment No: 22 of 1995 in Sri Lanka. The Asian Human Rights Commission has observed several cases reported in recent past in various educational institutions of the torturing and abuse of children. Ragging of new students is strictly against regulations and many instances have also been reported. 

Further Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act, No. 20 of 1998 was passed in the Sri Lankan parliament penalizing ragging in educational institutes. As specified in the detailed note of the Act, it is identified as an Act to eliminate ragging and other forms of violent and cruel inhuman and degrading treatment from educational institutions. The Act specifies the relevant Higher Educational Institutions coming under the Act and that includes all the Higher Educational Institutions established under the Universities Act No. 16 of 1978. 

The State of Sri Lanka sign and ratified the CAT on 3 January 1994. Following state obligations Sri Lanka adopted Act number 22 of 1994 the law adopted by the Sri Lankan parliament making torture a crime that can be punishable for minimum seven years and not less than ten years on being proven guilty. The Attorney General of Sri Lanka is suppose to file indictments in the case where credible evidence were found on torturing people by state officers. 

SUGGESTED ACTION: 

Please send a letter to the authorities listed below expressing your concern about this case and requesting an immediate into the allegations of abuses and harassments of child by the school authorities, illegality by the police perpetrators, and the prosecution of those proven to be responsible under the criminal law of the country for misusing powers of a state. The officers involved must also be subjected to internal investigations for the breach of the department orders as issued by the police department. Further, please also request the NPC and the IGP to have a special investigation into the malpractices of the police officers for abusing the state officers’ powers. 

Please note that the AHRC has also written a separate letter to the Chairperson, Committee on the Rights of the Child and Special Rapporteur on torture and other cruel, inhuman or degrading treatment or punishment the on this regard. 

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