SRI LANKA: Principal severely assaults 15-year-old student resulting in hospitalisation

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the brutal physical assault of a boy by his principal on 7 June 2007. The boy was hospitalised for six days for the injuries he suffered. The police have investigated the case against the principal, however in the meantime, he is still acting as principal of the school. Meanwhile the boy suffers harassment from the Principal and other teachers.

CASE DETAILS:

On 7 June 2007, Supun Prabath Madusanka, a 15-year-old student went to school wearing a pair of slippers due to a wound on his left leg. That day, he had spoken to the teacher, Weeraratne about his injury and was able to be excused from physical training class which followed the morning prayer session.

As Supun was walking toward his classroom, the Principal, Premasiri Dias, saw him and called out to him. The Principal asked him where he was going. Supun said that he was headed to his classroom because he had a wound on his leg. He showed the wound to him. However, the Principal demanded to know who had given him permission to be excused. Supun said that he had informed the teacher Weeraratne.

The Principal said that he should have asked for permission from the teacher in charge of his class, and then he slapped the victim’s ears. Due to the unbearable pain, Supun covered his ears with his hands. The Principal then slapped the victim severely on his cheeks. Some teachers who witnessed the incident and were in the vicinity intervened and pleaded with him to stop. However, the Principal went on assaulting the victim and slapped him again, pushed him and shouted for the boy to return to the field.

Supun returned to the field as he was told, however due to the unbearable pain he was under, he told his classmates of the situation and went back to his classroom.

Supun’s ears started to bleed. His friends informed the teacher of this and that he should be sent to the hospital. Supun’s class teacher, Ms. Dammika, inquired why the victim had been crying. The boys informed him that the Principal had assaulted him on his ears. She took no more notice of the situation.

Supun and his friends waited for around one and a half hours in the school garden to find a way to take Supun to the hospital. However, no teacher came to their assistance. Ultimately, they themselves took Supun in a three-wheeler to the victim’s uncle’s (U.M. Upali’s) workplace, which was close by.

When U.M. Upali heard of the incident, he took Supun to the Weligapola Police Station and placed a complaint there. Supun was then directed to the Weligapola Hospital. The District Medical Officer who examined Supun immediately sent him by ambulance to the Balangoda Government Hospital for treatment. There, he was put up in Ward No. 8.

While Supun was in hospital, two persons who identified themselves as from the District Education Office, came and took a statement from Supun. Further, the Hospital Police also took a statement from him.

The next day, June 8, Supun was transferred to the Ratnapura Government Hospital for further treatment. He was put up in Ward No. 3 and was treated there until 13 June 2007. While at Ratanapura Hospital, the Hospital Police and the Judicial Medical Officer (JMO) of the Hospital recorded the victim’s statement.

According to Supun’s father, Urawela Muhandiralage Anura Piyadasa (Age 39, a cultivator), the Principal was taken into custody, and was released on bail. The police have launched a case against the Principal, however the Principal is now still continuing his post in the same school which is against Establishment Code of Sri Lanka, which states that a government employee with a criminal case pending or proceeding should be suspended from his duties until such time as the court makes a judgment on the case.

Supun continues to attend the same school, however he has been subjected to harassment allegedly instigated by the Principal and the teachers.

ADDITIONAL COMMENTS:

Children should not be subjected to physical violence from their educators under any circumstances. They are rightfully protected under laws and regulations in Sri Lanka which the Principal’s disgraceful actions have violated:

Circular No. ED/01/12/01/04/24, issued by the Education Department on 11 May 2005 to all local schools, prohibiting the use of corporal punishment on school children in Sri Lanka.

Article 11 of the Constitution of Sri Lanka which states that everyone has the rights not to be subjected to torture or to other cruel, inhuman and/or degrading treatment or punishment.

Article 37(a) of Convention on the Right of the Child (CRC) to which the Sri Lanka is a state party.

Section 308A (1) of the Penal Code of Sri Lanka which explicitly prevents the cruelty to children. Accordingly, whoever commits the offence of cruelty to children shall on conviction be punished with imprisonment of either description for a term not less than 2 years and not exceeding 10 years and may also punished with fine and ordered to pay compensation of an amount determined by the court.

More importantly, according to the Establishment Code of Sri Lanka a government employee with a criminal case pending or proceeding should be suspended from his duties until such time as the court makes a judgment on the case. However, Premasiri Dias continues to act as Principal at the school.

Principal Premasiri Dias should not escape from responsibility for his actions and should be reprimanded. He should face legal and disciplinary action. The Principal should be prosecuted under criminal law accordingly, therefore we ask for efficiency in bringing him to Court. Furthermore, it is of utmost importance that the Principal be suspended or removed from his post while the case against him is pending, as Supun is now the victim of relentless harassment by students as instigated by the Principal himself and other teachers. His presence in the school is detrimental to the victim’s wellbeing. The Principal should also face departmental action if the allegations against him are proven true. The victim should also be awarded compensation for his medical expenses and suffering.

The AHRC has recently reported in our previous appeals that corporal punishment is a rampant problem in Sri Lanka. For details please see: UA-208-2007, UA-141-2007, UA-138-2007, UA-036-2007 and UA-395-2006.

SUGGESTED ACTION:
Please write to the below authorities to urge them to take immediate action into Supun’s case. The Principal should be faced with legal and disciplinary action, and the victim should receive adequate compensation.

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