SRI LANKA: Principal manipulates authority to arbitrarily suspend pupils from school 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-163-2006
ISSUES: Right to education,

Dear friends,

The Asian Human Rights Commission (AHRC) has learnt that the principal of St Mary’s School, Hambanthota has manipulated his authority to arbitrarily suspend pupils from school. Five school girls were met with disapproval after being accused of going out with other male students after school. For some time the girls have been subject to ill-treatment in order to dissuade them from continuing education at the school.

On 7 February 2006, five students were hauled up before the principal’s office together with their parents. The girls were accused of going out with male students after school. It was learnt that as a form of disciplinary action teachers, Lalitha Malini and AP Chandra, assaulted the pupils and forced them to write letters of guilt. The pupils were as a result suspended from school.

Following the incident, the parents of three pupils filed a case before the Supreme Court to argue for their children’s right to education (No. SC/FR/1 04, 105 &106/ 2006). The court ruled in favour of the pupils and ordered for them to be readmitted to the school. The principal apparently honoured the judgment with huge reluctance and prompted several teachers, including P.Senaratne and A.P Chandra to stop teaching if the children attended class. The principal and teachers continue to intimidate the three with disparaging language at school assemblies in front of the entire school. It is alleged that one of the girls heard the principal saying, “we must continue to scold them as often as possible and make them leave our school.”

It would seem that the disciplinary action of assault and intimidation are grossly disproportionate to the reasons which have amounted to disobedience or misconduct. It is   reasonable to expect that schools hold certain authority to enforce student discipline policies in order to prescribe and control conduct at school, but there clearly lacks a basis in compassion to subject these girls to such treatment.  By the action of the principal and teachers, they have stereotyped and segregated the pupils as outcasts at school. As a result of the pressure, Nilanka Gayashani attempted to commit suicide by drinking poison. The students are in grade 11 and are due to sit the O/L examination in December. This traumatic incident and the resultant disruption to their studies will no doubt have an adverse impact upon their lives and that of their families.

The AHRC believe that pupils should be ensured a proper and conducive environment at school free from any stigma or embarrassment in the pursuit of their education. Concern is raised that under the connivance of the principal, pupils are still being subjected to discrimination and degrading treatment by the teachers. The AHRC has previously reported on other instances of neglect by Sri Lankan teachers. (See further: UA-089-2006UA-060-2006UA-173-2005UA-171-2005 and UA-85-2005). This disturbing trend must be addressed immediately. An investigation into this case must be afforded and disciplinary action taken to bring an end to these unconscionable acts.

SUGGESTED ACTION:

Please send a letter to the local authorities urging the need to take immediate steps in protecting pupils from such conduct by the teachers of St. Mary’s School.

 

 

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

SAMPLE LETTER

Dear ___________,

SRI LANKA: Principal manipulates authority to arbitrarily suspend pupils from school

Names of victims: HP Prageethia Udeshika; HA Nipuni Lasanthika; AA Chasika Thilini; PA Lanka  Ishani; KDL Nilanka Gayashani of St. Mary’s School, Hambanthota and their parents of Indivinna, Hambanthota                                     
Name of alleged perpetrators: Principal K. Nanaweera Rathnayake and teachers P Senaratne, A.P Chandra  and Lalitha Malini.
Period of abuse: Since 7 February 2006

The Asian Human Rights Commission (AHRC) writes to bring to your attention the ill treatment of five pupils at St. Mary’s School and the principal’s intention to deny their right to education. Five school girls were met with disapproval after being accused of going out with other male students after school. It was learnt that teachers, Lalitha Malini and AP Chandra assaulted the pupils and forced them to write letters of guilt. The pupils were as a result suspended from school. Three girls have since been readmitted to school following legal proceedings but the girls continue to suffer from intimidation and stigmatism as the principal and teachers continue to segregate them, addressing them in assemblies in an act to dissuade them from continuing education at the school.

I trust that you would agree that the pupils have fallen victim to a grossly disproportionate disciplinary action. It is reasonable to expect that schools hold certain authority to enforce student discipline policies in order to prescribe and control conduct at school, but in this case there clearly lacks a basis in compassion to subject these girls to such treatment.

The AHRC believes that pupils should be ensured a proper and conducive environment at school free from any stigma or embarrassment in the pursuit of their education. Concern is raised that pupils continue to be subjected to discrimination and degrading treatment by the teachers under the connivance of the principal. This disturbing trend must be addressed immediately. An investigation into this case must be afforded and disciplinary action taken to bring to an end these unconscionable acts.

I trust your efforts will be forthcoming.

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.. 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-163-2006
Countries : Sri Lanka,
Issues : Right to education,