SRI LANKA: Brutal assault of an eight-year-old girl by her class teacher 

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the brutal assault of 8-year-old, UG Isani Madushani by her class teacher, Sarath on 22 February 2006.

On February 22, at around 12 noon, Isani Madushani was attending her math class. Her class teacher, Sarath instructed her to recite the multiplication table but she made a mistake, thereupon the teacher brutally struck her with a metre ruler about five times on her back, shoulders and face. Isani began to bleed from her cheek and her class mates brought this to attention of the teacher. The teacher, however, showed little concern and said, “never mind, let her bleed”.

When school was finished for the day Isani’s father, UG Sunil Gamini came to take her home. He noticed that she was bleeding and had blood on her uniform. He immediately carried her to the Udugama Police Station and lodged a compliant against the brutal assault. The police afforded him the necessary medical forms and directed him to the Udugama District Hospital, where Isani was admitted and medically treated for three days.

Upon returning home on February 25, UG Sunil Gamini complained via registered post to the Zonal education director and educational authorities on the injustice committed against his daughter. Later the Udugama Police transferred the matter to the Hiniduma Police whose jurisdiction the school is in. However, the Hiniduma Police failed to visit the victim or record her statement. Instead the police sent a message through four teachers of the same school requesting UG Sunil Gamini to come to the police station with his daughter.

Accordingly on March 2, the father and daughter visited the Hiniduma police station. Present at the police station were the Officer in Charge (OIC), several other policemen, eight teachers from the school including the perpetrator, his wife and the school principal. UG Sunil Gamini complained but the OIC and other policemen tried to coerce him into settling the matter with the perpetrator. In the process they even threatened him with arrest for having been an absentee from the Army.

The teacher too pressurised him to refrain from taking legal action and instead accept money in settlement for the case. The perpetrator’s wife also offered to pay him whatever amount he wanted. However, UG Sunil Gamini stood firm and insisted that all he wanted was for justice to be served. With little choice left, it was only then that the OIC ordered Isani Madushani’s statement be recorded. Finally on March 9, the police charged the teacher before court and had him released on bail.

UG Sunil Gamini also complained a day before the court hearing about the perpetrator and other teachers from the school for having organised a meeting for parents of all the students within the school premises. Addressing the gathering, the perpetrator and his colleagues attempted to instigate the parents to persuade UG Sunil Gamini to refrain from taking legal action. UG Sunil Gamini has also learned from reliable sources that the perpetrator and his colleagues are, by coercion or undue influence, attempting to prevent students from giving evidence on behalf of his daughter.

It is also worth noting that ever since the incident Isani Madushani has been deprived of her right to education. That is, the child now refuses to go to school because she is scared of being assaulted again by the teacher. Even though her father has informed this matter to the educational authorities and requested them to take necessary action, to date he has not received any reply.

Moreover UG Sunil Gamini and his daughter said that the perpetrator had previously inhumanly assaulted five other students, but no action had been taken against him.

Unfortunately, Isani’s case is not an isolated one whereby teachers brutally assaulted their students. The AHRC has previously reported on several cases in Sri Lanka regarding this matter (See further: UA-060-2006, UA-173-2005, UA-171-2005 and UA-85-2005).

SUGGESTED ACTION

Please write to the relevant officials listed below condemning the actions of the perpetrator, the other teachers, the principal of the school and concerned authorities regarding this case. Please highlight that physically punishing/assaulting schoolchildren is against the law as per the Circular issued by the Education Department to all schools dated 11 May 2005. The perpetrator should therefore be punished for his inhuman assault on Isani and also questioned about the allegations of assault he has committed against other students. The other teachers who attempted to instigate the parents to persuade UG Sunil Gamini to refrain from taking legal action should also be punished or suspended from their work. The educational authorities, who were aware of this incident but did not take any action, should also be disciplined for their inaction and must ensure the safe return to school for the victim. Finally, disciplinary action must be taken against personnel at the Hiniduma police station for their misconduct in this case.

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