SRI LANKA: Apparent police inaction into the denial of education of a boy after assault by his schoolteacher in Galle 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-104-2006
ISSUES: Right to education,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information that seven-year-old P.W. Tharanga Kumara, a student of Gonapinuwela Saralankara School, Gonapinuwela, Galle District, Sri Lanka, was assaulted by a teacher on 2 March 2006 and arbitrarily suspended by the school principal on that day – this after his older brother, Pushpakumara, was similarly assaulted about a year earlier (UA-164-2005).

On 2 March 2006, a teacher by the name of Priyadharshini assaulted seven-year-old Tharanga Kumara at around 12:30pm for not meditating. Tharanga had already faced numerous threats from school officials in retaliation for his mother’s complaints against school authorities and police in regards to Pushpakumara’s case. That afternoon when Tharanga’s mother visited the school to collect her son, his class teacher brought the boy to her and explained what had occurred. However, the principal and another teacher by the name of Ranjini rushed to the scene and scolded the class teacher for conversing with the mother. She left with her son and on March 3 lodged a complaint regarding the incident to the Hikkaduwa police station. She was told to return to the police station on March 16 for additional inquiries into the incident.

On March 15, when Tharanga returned to school after recovering from an illness, the Hikkaduwa police visited the school and recorded his statement as well as the statements of two of his classmates.

When his mother returned to the police station as instructed on March 16, Police Sergeant No. 6122 shouted at her with degrading and obscene language and also threatened her by raising a chair to hit her as opposed to allowing her to record her complaint. When she returned to the station on March 17, the police handed her a judicial medical form – a document that should have been given to her the day she initially lodged her complaint, not two weeks after the incident.

Subsequently, the mother received a letter from the school principal on March 17 informing her that Tharanga Kumara had been suspended from school until further notice for no specified reason and that this was done on the advice of the Zonal Director of Education. A year earlier, Tharanga’s brother was also suspended after being assaulted and has not been able to return to school or take his December O/L examination, depriving him of his right to education. The teachers and principal of Gonapinuwela Saralankara School have been engaged in a constant effort to coerce the Kumara family into withdrawing their complaints and case against the perpetrator. Tharanga’s mother strongly believes that he was suspended from school in revenge for her complaints against the school authorities for the harassment of her elder son, Pushpakumara. Our sources have also informed us that the school authorities and police have also instigated other parents to harass and intimidate the Kumara family. Currently, both Kumara boys are being deprived of their right to education.

The AHRC is gravely concerned by this serious case. The police have not only failed to protect the boy’s right to education but also put his family in greater danger by neglecting the family’s constant complaints. This is yet another example that illustrates the dysfunction of the policing system in Sri Lanka.

SUGGESTED ACTION:
Please send a letter to the persons listed below and express your concern about this serious case. Above all else the two boys must be able to return to school as both now are being denied their right to education. However, on their return, in no way should they or their mother be exposed to further threat and intimidation.

 

 

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

SAMPLE LETTER

Dear ___________,

SRI LANKA: Apparent police inaction into the denial of education of a boy after assault by his schoolteacher in Galle

Name of victim: P.W. Tharanga Kumara, seven-years-old, grade two student at Gonapinuwela Saralankara School, Gonapinuwela, Galle District
Name of alleged perpetrators: Teacher at the Gonapinuwela Saralankara School by the name of Priyadharshini and the Principal of the Gonapinuwela Saralankara School
Place of incident: Gonapinuwela Saralankara School 
Date of incident: 2 March 2006 and continuing to date

I am deeply disturbed to learn that a seven-year-old boy by the name of P.W. Tharanga Kumara, a student of Gonapinuwela Saralankara School, Gonapinuwela, Galle District, Sri Lanka, was assaulted by a teacher on 2 March 2006 and arbitrarily suspended by the school principal on that day – this after his older brother, Pushpakumara, was similarly assaulted about a year earlier.

On March 2, a teacher by the name of Priyadharshini assaulted Tharanga Kumara at around 12:30pm for not meditating. Tharanga had already faced numerous threats from school officials in retaliation for his mother’s complaints against school authorities and police in regards to Pushpakumara’s case. She left with her son and on March 3 lodged a complaint regarding the incident to the Hikkaduwa police station. She was told to return to the police station on March 16 for additional inquiries into the incident.

When his mother returned to the police station as instructed on March 16, Police Sergeant No. 6122 shouted at her with degrading and obscene language and also threatened her by raising a chair to hit her as opposed to allowing her to record her complaint. When she returned to the station on March 17, the police handed her a judicial medical form – a document that should have been given to her the day she initially lodged her complaint, not two weeks after the incident.

Subsequently, the mother received a letter form the school principal on March 17 informing her that Tharanga Kumara had been suspended from school until further notice for no specified reason and that this was done on the advice of the Zonal Director of Education. A year earlier, Tharanga’s brother was also suspended after being assaulted and has not been able to return to school or take his December O/L examination, depriving him of his right to an education. The teachers and principal of Gonapinuwela Saralankara School have been engaged in a constant effort to coerce the Kumara family into withdrawing their complaints and case against the perpetrator. Tharanga’s mother strongly believes that he was suspended from school in revenge for her complaints against the school authorities for the harassment of her elder son, Pushpakumara. I also understand that the school authorities and police have also instigated other parents to harass and intimidate the Kumara family. Currently, both Kumara boys are being deprived of their right to education.

I am gravely concerned by this serious case. Physical punishment of schoolchildren is a violation of the Circular issued by the Education Department to all schools dated 11 May 2005, which prohibits the arbitrary deprivation of education of children. An inquiry should be held and disciplinary action taken against the said teacher and the principal. I also urge you to prosecute the said teacher and the principal under the CAT Act No 22 of 1994 as they are public servants as public school teachers and therefore carry certain responsibilities. The boy and his elder brother must be allowed to resume their education without delay and without fear of further threat and intimidation. An investigation should also be launched into the actions of the Hikkaduwa police, particularly Police Sergeant No. 6122 and his threats made against the victim’s mother. 

I look forward to your intervention in this matter.

Yours sincerely,

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PLEASE SEND YOUR LETTERS TO:

1. Dr. Hiranthi Wijemanne
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
SRI LANKA
Tel: + 94 11 2 785 617
Fax: + 94 11 2 784 846

3. The Provincial Director of Education
Department of Education
76, Anandakumarasamy Mawatha
Colombo 07
SRI LANKA
Fax no. +94 11 2693894

4. 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 

5. Dr. Radhika Coomaraswamy
Chairperson 
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 

6. Mr. Chandra Fernando
Inspector General of Police (IGP) 
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/327877

7. National Police Commission
3rd Floor, Rotunda Towers,
109 Galle Road
Colombo 03
SRI LANKA
Tel: +94 11 2 395310 
Fax: +94 11 2 395867
E-mail: polcom@sltnet.lk

8. Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General's Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436421

9. Mr. J Thangawelu
DIG Legal
Police Headquarters
Colombo 1
SRI LANKA
Fax: 94 11 2381 394
Email: legaldiv@police.lk 

10. Mr. Jacob Egbert Doek
Chairperson
Committee on the Rights of the Child
OHCHR-UNOG
8-14 Avenue de la Paix 
1211 Geneva 10
SWITZERLAND
Fax: +41 22 917 9022

Thank you.

Urgent Appeals Programme 
Asian Human Rights Commission (ahrchk@ahrchk.org)

Document Type : Urgent Appeal Case
Document ID : UA-104-2006
Countries : Sri Lanka,
Issues : Right to education,