Article
The Supreme Court in a landmark decision declared that corporal punishment of children by schools was unlawful and violated the fundamental rights of a child. By reference to the Penal Code, the United Nations Convention on the Rights of the Child, and the evolution of government policy over time, the Court found that the slapping of a 15-year-old child by a school teacher in Matara amounted to unlawful violence and a violation of constitutional rights.
The Court accepted that corporal punishment can be both physical and mental, and declared both physical and mental abuse of children in school unlawful. In the judgment, the Court emphasized the need to change attitudes toward corporal punishment and rejected the idea that hitting children makes them better. It also referred to ancient Sri Lankan laws that prohibited violence against adults and children as a method of instilling discipline, noting that violence to teach discipline was a colonial concept.
Both the teacher and the government were ordered to pay a total of Rs. 650,000 as compensation to the child for the slap and the injuries it caused. Lawyer Thishya Weragoda, who represented the child and his parents, welcomed the judgment and said it was time to change. He added that society should be the last generation to believe that violence against children can create a better and more peaceful future.