Dear friends,
The Asian Human Rights Commission (AHRC) has been informed that 14-year-old W. K. Sajini Vasana Perera who was insulted both physically and mentally by her class teacher and was subsequently, driven to jump from the 3rd floor of the building, continues to be deprived of her education more than 8 months after the incident. Complaints to the both legal and educational authorities have resulted in naught as to date; no legal or disciplinary action has been taken against the perpetrator. This is, despite the violation of criminal law, constitutional provisions and education department regulations.
CASE DETAILS:
On 27 October 2006, 14-year-old Sajini Vasana Perera was accused by her class teacher of having a love affair with a boy and ordered to accept her guilt and apologize. But because Sajini denied the allegation and refused to yield to the teacher’s demands, the class teacher verbally insulted Sajini and slapped her repeatedly on the face in front of her classmates. This impressionable young girl was so traumatized by the event that she was overcome by her distress and running towards a window, she jumped from the 3rd floor of the school building. Consequently she suffered a serious fracture of her leg and had to be hospitalized. (For further details please see UA-036-2007)
On 30 October 2006, Sajini’s father, Sisira Perera, lodged a complaint against the teacher with the Avissawella police. The next day the police held an inquiry the presence of the vice principal, about five teachers including Ms. Kumarage recorded their statements and referred the matter to the Mediation Board.
On 22 January 2007, written complaints on behalf of Sajini were also made to the Chairman, Human Rights Commission (HRC-SL), Chairman, Child Protection Bureau, The Officer in Charge (OIC) of the Police, Women and Child Bureau and the Inspector General of Police (IGP). Subsequently written complaints were also made to the Directors of the Hanwella Regional Education Office and the Provincial Education Office in Homagama. On 7 January 2007 the HRC-SL sent a letter stating that the complaint made to the Commission had been registered under inquiry No. HRC/570/07.
Meanwhile, Sajini and her parents were summoned to the Mediation Board hearing which took place over several days. But instead of conducting an impartial inquiry, the Board members seemed intent on blaming Sajini that she was defaming the school and exonerating the teacher of any wrong doing. They had suggested to Sajini’s father that he accepts a small amount of money to cover his daughters medical expenses and forget the incident.
It is now more than 8 months since the incident and during the entirety of this period Sajini had been deprived of her education. During the initial few months she was unable to attend school due to her injuries and so her friends promised to bring her the school notes to her house so she could keep up with the school work. However they had later told her that this had been expressly forbidden by the perpetrator Ms. Kumarage as well as other teachers who supported her.
Later however, Sajini’s parents were reluctant to send her back to the same school because during this period, school authorities had been conducting an intensive campaign around the school and village to vilify Sajini’s reputation. Therefore Sajini’s father wrote to the education authorities to obtain another school for his daughter so she can continue her education.
Then on 23 April, 2007 a report sent by Western Provincial Education Department to the HRC, stated that the Regional Education Authority had ruled that a new school should be found for Sajini.
On 21 May 2007 a letter by the Deputy Education Director – Regional Education Office Homagama referred Sajini to one Rajasinghe School in Hanwella. However the principal of that school refused to admit her. This was notified to the Regional Education Office and then Sajini’s father was told to find a school and inform the Education Office thereof. But to date no effective action has been taken by the authorities to find a new school for Sajini, as a result of which he continues to be deprived of her education. Next year Sajini will be eligible to sit for her Ordinary Level examination, but it is doubtful whether she would be able to do so under the prevailing circumstances.
However the perpetrating teacher, Ms. Kumarage continues to teach at St. Marys School. And to date, no disciplinary or legal action has been taken against her despite the numerous complaints to the authorities and despite Ms. Kumarage’s clear violation of the following regulations or laws:
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.
Therefore the AHRC urges all the relevant educational and policing authorities to take immediate steps to take legal and disciplinary action against the perpetrating teacher, Ms. Kumarage. Most importantly however that the education authorities ensure that a new school is found forthwith for this young victim Sajini Vasana so that she may resume the pursuit of her education and sit for her GCE O/L examination next year.
SUGGESTED ACTION:
Please write to the relevant authorities listed below, expressing your serious concern about the violation for a 14-year-old girl’s rights including her right to education. Please condemn the immoral teachers of St. Mary’s School, and the biased Mediation Board. Please urge them to take immediate action to find a new school for the victim and also take stern discipline and legal action against the teacher as soon as possible.
To support this case, please click here: SEND APPEAL LETTER
SAMPLE LETTER
Dear __________,
SRI LANKA: 14-year-old girl traumatized by her class teacher continues to be deprived of her education
Name of victim: W. K. Sajini Vasana Perera aged 14, grade 9 student of St. Mary’s School, Avissawella City, Colombo District
Name of alleged perpetrators:
1. Ms. A.N. Anoja Kumarage, English & Class Teacher of the victim child attached to St. Mary’s School in Avissawella
2. Principal of St. Mary’s School in Avissawella
Date of incident: 27 October 2006
Place of incident: Sajini Vasana’s classroom at St. Mary’s School
I am writing to express my deep concern about the physical violence as well as inhuman and degrading treatment of 14-year-old Sajini Vasana Perera at the hands of her class teacher. I am further shocked about the continued victimization of her by the deprivation of her education for the past 8 months and also regarding the fact that no disciplinary or legal action has been taken against the perpetrator.
I have received information that on 27 October 2006, 14-year-old Sajini Vasana Perera was accused by her class teacher of having a love affair with a boy and when she denied the allegations and refused to apologize, she was verbally insulted and slapped repeatedly on the face in front of her classmates. With full of distress, young Sajini had jumped from the 3rd floor of the school building and seriously fractured her leg.
I am informed that on 30 October 2006, Sajinis father, Sisira Perera, lodged a complaint against the teacher with the Avissawella police who after conducting an inquiry had referred the matter to the Mediation Board. On 22 January 2007, written complaints on behalf of Sajini were also made to the Chairman, Human Rights Commission (HRC-SL), Chairman, Child Protection Bureau, The Officer in Charge (OIC) of the Police, Women and Child Bureau and the Inspector General of Police (IGP). Subsequently written complaints were also made to the Directors of the Hanwella Regional Education Office and the Provincial Education Office in Homagama. On 7 January 2007 the HRC-SL sent a letter stating that the complaint made to the Commission had been registered under inquiry No. HRC/570/07.
Meanwhile, the Mediation Board, instead of conducting an impartial inquiry had blamed Sajini for defaming the school and exonerating the teacher of any wrong doing. They had suggested to Sajinis father that he accepts a small amount of money to cover his daughters medical expenses and forget the incident.
I am also informed that it is now more than 8 months since the incident and during the entirety of this period Sajini had been deprived of her education. Sajinis parents are reluctant to send her back to the same school because the school authorities have been conducting an intensive campaign around the school and village to vilify Sajinis reputation. Therefore Sajinis father wrote to the education authorities to obtain another school for his daughter so she can continue her education.
I am further informed that on 23 April, 2007 the Western Provincial Education Department informed the HRC-SL that it had ruled that a new school should be found for Sajini. Then on 21.05.2007 a letter by the Deputy Education Director – Regional Education Office Homagama referred Sajini to one Rajasinghe School in Hanwella. However the principal of that school refused to admit her. This was notified to the Regional Education Office and then Sajinis father was told to find a school and inform the Education Office thereof. But to date no effective action has been taken by the authorities to find a new school for Sajini, as a result of which he continues to be deprived of her education. Next year Sajini will be eligible to sit for her Ordinary Level examination, but it is doubtful whether she would be able to do so under the prevailing circumstances.
Furthermore, it is shocking that the teacher Ms. Kumarage continues to teach at St. Marys School. And to date, no disciplinary or legal action has been taken against her despite the numerous complaints to the authorities. I am informed that by her actions she had 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.
Therefore on behalf on this 14-year-old victim and her helpless parents I urge you to intervene forthwith, with the education authority to obtain for Sajini another school to enable her to pursue her education and enable her to sit for her GCE O/L examination next year. I also urge that appropriate disciplinary and legal action should be taken against Ms. Kumarage in accordance with Education Department regulations as well as the criminal and constitutional law of Sri Lanka.
I really look forward to your prompt and effective response in this matter. Please remember, that if we are concerned about the future of our world we need to safeguard our future generations from physical and mental trauma such as described above, and act now to prevent such violence.
Yours truly,
—————-
PLEASE SEND YOUR LETTER TO:
1. Chairperson
National Child Protection Authority
330, Thalawathgoda Road
Madiwella
SRI LANKA
Tel: +94 11 2 778912/13/14
Fax: +94 11 2 778915
E-mail: ncpa@childprotection.gov.lk
2. Minister for Education
Ministry of Education
“Insurupaya”
Battaramulla, Colombo
SRI LANKA
Tel: + 94 11 2 785 617
Fax: + 94 11 2 784 846
3. Secretary
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
4. Mr. Victor Perera
Inspector General of Police
New Secretariat
Colombo 1
SRI LANKA
Fax: +94 11 2 440440/327877
E-mail: igp@police.lk
5. Mr. K. C. Kamalasabesan
Attorney General
Attorney General’s Department
Colombo 12
SRI LANKA
Fax: +94 11 2 436421
Email: attorney@sri.lanka.net
6. 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
7. Mr. Vernor Munoz
UN Special Rapporteur on the right to education
Attn: Isabelle Sevin
c/o OHCHR-UNOG
1211 Geneva 10
SWITZERLAND
Tel: +41 22 917 9117
Fax: +41 22 917 9006 (ATTN: SPECIAL REPPORTEUR EDUCATION)
Thank you.
Urgent Appeals Programme
Asian Human Rights Commission (ua@ahrchk.org)
