SRI LANKA: A ten-year-old pupil assaulted by his schoolteacher 

ASIAN HUMAN RIGHTS COMMISSION - URGENT APPEALS PROGRAMME

Urgent Appeal Case: UA-85-2005
ISSUES: Democracy,

Dear friends,

The Asian Human Rights Commission (AHRC) has received information regarding the alleged assault of a 10-year-old pupil by a schoolteacher on 12 May 2005 for not giving a satisfactory answer on the latter’s question during their English class. The boy was hospitalised for seven days and had to undergo succeeding treatment due to severe injuries sustained to his left eye caused by the alleged severe beatings.

Despite being aware of the incident, the school principal of Halkandavila School, Payagala, a public school, did not taken any disciplinary or administrative sanction against the teacher. It was also reported that following the incident another teacher reportedly threatened the boy not to report the incident to the school principal or else he would be hit by them as well.

Although the hospital police recorded the incident and the Judicial Medical Officer (JMO) examined the victim, no independent investigation or legal actions were taken against the schoolteacher. Such an act is a clear violation of Education Department Circular issued to all schools on 21 July 1991, which prohibits physical punishment and assault of school children.

We urges your immediate intervention by writing to the Department of Education Western Province of Sri Lanka and the Zonal Director of Education to initiate an investigation into the incident and take appropriate measures for violation of the department’s circular. The victim should also be compensated.

Urgent Appeals Desk
Asian Human Rights Commission (AHRC)
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DETAILED INFORMATION:

Name of the victim: Ginthota Vidyalage Sampath Madusanka (10), a grade five pupil of Halkandavila School, Payagala. He belongs to the marginalised segment in society. Both his parents are working as casual labourers.
Place and date of incident: 12 May 2005 at the Halkandavila School, Payagala
Alleged perpetrator: Sujeewa Sanjeewani, English schoolteacher

Account of the incident:

On 12 May 2005, ten-year-old Ginthota Vidyalage Sampath Madusanka was hit several times by his schoolteacher, Sujeewa Sanjeewani, when he failed to give a satisfactory answer to the teacher’s question. He was hit with a long stick on his body that also hit his left eye. The boy cried out in severe pain. Thereafter, despite his pain, he was forced to keep his head on his desk and bear it. The other students in the class also witnessed the incident.

Another teacher, who is in charge of grade four, came to the boy’s aide later. The said teacher accompanied him to wash his eye. The teacher however, told him not to complain to the principal and threatened that if he did, the principal, as well as the other ‘sirs’ (male teachers) would hit him.

After the class ended that day, the boy informed his class teacher, Ms. Deepika that he couldn’t manage to go home by himself due to his eye injury. This teacher then requested him to take a rest for a while. Then after she finished her ‘after-school-classes’ she instructed another student to accompany the boy home.

When the boy arrived at their home, his mother later discovered that his left eye was swelling and irritated. When she asked what happened, the boy explained what took place at school that day.

The next day as the boy was still in pain, the mother took him to Kalutara Nagoda hospital where he was confined to Ward 8 for about seven days. It was only on May 20 that he was discharge, but he is still required to visit the hospital and undergo medical treatment once every two weeks.

While at the hospital, the hospital police recorded the statement of the victims regarding the incident. The Judicial Medical Officer (JMO) at the hospital also examined the victim. During those days when the victim was still confined in the hospital, his mother received a letter from the school Principal. About two days later the Principal visited the boy at the hospital and gave money amounting to Rs. 500 (USD5) to the mother.

On May 19, the teacher who assaulted the boy, likewise visited him at hospital accompanied by a doctor and promised to give money to the mother. The boy’s parents presumed that the money given to them by the principal and promises of the schoolteacher might have been an effort to silence them and conceal the incident and discourage them from seeking legal remedies. The boy’s mother is now considering returning back the money they received.

To date, the police and the education authorities have not take any legal or disciplinary action yet against the perpetrators.

It was also discovered that there have been admissions of school children to Kalutara Nagoda hospital involving physical assault allegedly perpetrated by school staff of the same school, according to a letter sent by the hospital authorities to the school principal.

 

 

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

SAMPLE LETTER

Dear _________,

Re: SRI LANKA: A ten-year-old pupil assaulted by his schoolteacher

I am writing to draw your attention to the inaction of school authorities of Halkandavila School, Payagala and the police, to initiate investigations and legal sanctions against a schoolteacher who assaulted ten-year old Ginthota Vidyalage Sampath Madusanka, a grade five pupil, on 12 May 2005. The boy suffered a severe injury to his left eye and was hospitalised for seven days.

Despite bringing the matter to the school principal, no investigation or immediate sanction was imposed against the schoolteacher named Sujeewa Sanjeewani. I am aware that such an act is a clear violation of the Department of Education Circular issued on 21 July 1991, which prohibits physical punishment and assault of schoolchildren.

I urge your immediate intervention in this case. Such acts of physical assault and abuse committed against school children should be dealt with accordingly. The school authorities must not condone such acts. It must take immediate measures to investigate and initiate legal sanction against the teacher accused of assault.

I am also aware that the beating of children is a serious violation of the Convention Against Torture Act No 22 of 1994, which is punishable by mandatory sentence of seven years upon conviction. This incident is a clear violation of the fundamental laws and protection of human rights in Sri Lanka. Cases such as this must be given utmost priority by the government.

I look forward to your immediate action in this case.


Respectfully yours,


________________

PLEASE SEND A LETTER TO:

1. Mr. Mahinda Rajapakse 
Prime Minister 
Cambridge Place, Colombo 7 
SRI LANKA
Fax: +94 11 2 682905 / 575454
E-mail: secpm@sltnet.lk or bradmanw@slt.lk

2. Mr. K. C. Kamalasabesan 
Attorney General 
Attorney General's Department 
Colombo 12 
SRI LANKA 
Fax: +94 11 2 436 421 
Email: attorney@sri.lanka.net or counsel@sri.lanka.net

3. Mr. Chandra Fernando
Inspector General of Police (IGP) 
New Secretariat 
Colombo 1
SRI LANKA 
Fax: +94 11 2 440440/426711/327877

4. Dr. Radhika Coomaraswamy
Chairperson 
National 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

5. Prof. Harendra De Silva 
National Child Rights 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

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

7. Zonal Director of Education
Zonal Director Office
Kalutara
SRI LANKA
Fax no. +94 34 2222447

8. 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

Document Type : Urgent Appeal Case
Document ID : UA-85-2005
Countries : Sri Lanka,
Issues : Democracy,