UPDATE(Sri Lanka): Family of 15-year-old victim of physical violence pressured by Police to withdraw complaint against alleged perpetrator

Dear friends,

The Asian Human Rights Commission (AHRC) has received updated information that the family of a 15-year-old girl, who was struck 20 times on 18 June 2007 by a male school teacher in the Kegalle district, is now being severely pressured by the Kegalle Police to withdraw their complaint against the alleged perpetrator. The Police have also informed the victim’s mother that it was not proper to complain against one of her colleagues. 

CASE DETAILS:

Last month, the AHRC reported that a 15-year-old girl, who was a Grade 10 student at the Hettimulla Bandaranayake School in the Kegalle District in Sri Lanka, was publicly caned about 20 times by her English teacher, P. Elapperuma, after the teacher accused her of ‘being seen talking to a boy on the road’. The incident took place on 18 June 2007. The teacher had also used disparaging and foul language on her and threatened to repeat the beating. Such brutality and humiliation in front of her colleagues severely mentally traumatised the victim who had to be hospitalised for 2 days for her physical injuries. Ever since, the victim has refused to go to school, thus seriously jeopardising her educational future. Subsequently, the victim’s parents complained to the relevant educational and policing authorities regarding the violation of their daughter’s rights. They urged that immediate investigations be conducted into the incident and that legal and disciplinary action be taken against the alleged perpetrator. (For more information see UA-208-2007)

According to the updated information received, initial investigations into the incident have been carried out by the Women’s and Children’s Unit of the Kegalle Police. However, later on, it was taken over by the Officer in Charge (OIC) of the Crimes branch of the same Police Station. The victim’s mother strongly believes that the reason for this sudden transfer of duty is due to this particular policeman’s vested interest in the case.

Then, on 22 July 2007, the victim’s mother was requested to come to the Police Station together with her daughter. Interestingly, the police had also summoned the boy – who was allegedly seen with the victim on the road – as well as his parents, despite their presence being quite irrelevant to the allegations against the male teacher – namely, of physically attacking the victim. Thereafter, the police had proceeded to level various accusations at the boy of ‘having an affair’ with the victim.

The next day (23 July 2007), a female Police Constable (WPC) visited the victim’s mother at the school where she worked as a teacher at around 9am and escorted her to the police station to meet with the Head Quarters’ Inspector (HQI). According the the victim’s mother’s testimoney, the HQI spoke sternly to her and accused her of complaining against a fellow teacher, suggesting that this was an improper thing to do. The HQI then told the mother to return to the police station on Wednesday, 25 July 2007, together with her daughter, the victim, apparently to meet with the alleged perpetrator and ‘settle’ the matter. The mother was adamant not to enter into any kind of settlement, however, she was worried she may be coerced and intimidated by the police to do so. Thus, she complained of constant direct and indirect pressure – especially by the Kegalle Police, including senior police officers – to withdraw her complaint.

According to the victim’s mother, to date, the police have failed to record statements from any eyewitnesses to the incident. The set of students (eyewitnesses) whose names were given to the police have now refused to come forward, as certain third parties have ‘convinced’ them not to do so. Now, although the victim has submitted another set of names, her mother fears that they too will meet the same fate as the initial lot.

Meanwhile, the alleged perpetrator, Mr. Elapperuma continues to teach at the same school. Despite immediate notification of the incident to the education authorities – numerous though they are – they have failed to conduct an inquiry and take disciplinary action against the alleged perpetrator. Neither have they taken any meaningful steps to find another school for the victim and restore her right to education.

ADDITIONAL COMMENTS:

Physically brutalising children and causing them serious injuries is a clear violation of education department regulations, fundamental rights guaranteed under the Constitution as well as the criminal law of Sri Lanka. Namely, such an act is in violation of:

1. 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. 

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

3. 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. 

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

Therefore the AHRC urges the Inspector General of Police (IGP) to issue stern instructions to the Kegalle Police including the HQI to immediately desist pressuring the victim’s family to withdraw their complaints. We also request that investigation and inquiry into the incident be handed over to another police unit, as it seems amply clear that the Kegalle police are partial towards the interests of the alleged perpetrator. Furthermore, we also urge the relevant education authorities take prompt steps to allocate a new school for the victim to ensure her right to education as well as to hold inquiry and take disciplinary action against the errant teacher. 

SUGGESTED ACTION:
Please write to the relevant authorities listed below, expressing your serious concern about the violation of a 15-year-old girl’s rights including her right to education. Please also condemn the shameful act of the male teacher of the Hettimulla Bandaranayake School for brutalising a young female student. 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