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1st October 2000
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Universal Children's Day is today.......

Children learn what they live

By J.P. Pathirana 
Perhaps the geatest con- tribution by psychol- ogy to twentieth century educational practice was an understanding of individual difference in children. 

We now realise that each child's personality and behaviour develops from the interaction between physical, intellectual and emotional factors which exist in such an infinite variety of combinations that no two children are identical. 

By considering what is known of the psychological development of normally equipped children and then examining the chief ways in which such development is likely to be interfered with by a child's physical limitations, we may gain some insight into the best way of handling our handicapped children. 

Love and Security 

Perhaps the vital factor of a child's life is the feeling of security which grows out of the awareness of consistent love and reliable support of the child by his family (especially his mother), his friends and his teachers. The nature of his limitations in the case of a handicapped child tends to make him depend on others to avoid frustration of constant failures to do what he wants. Whilst over-pity merely embarrasses the child and lowers his opinion of himself, a healthy, understanding sympathy can do much to develop a feeling of security which forms a satisfactory basis for his emotional life. 

For this reason it is important that the atmosphere both at home and school be free from tension as far as possible. The child quickly senses trouble between members of staff in the school or at home. This tends to shake his confidence in those who mould his life and his security is thus endangered to the detriment of his progress. 

Independence

How does a child develop a sense of responsibility? I feel this problem is bound up with those of self-confidence, discipline and success. The disabled child starts off life with a handicap which we want to minimise as far as possible. Therefore, while giving him every advantage in the way of special treatment, teaching and apparatus, and adjusting our goals to suit his capabilities, we should try to develop standards of behaviour and of attainment. Regular routine and maintenance of reasonable rules of conduct will go far towards establishing a basis of self-confidence in these children. Discipline should always be maintained and punishment should be consistent. Nothing is so unsettling to a child as to be punished for a deed which was formerly passed over as satisfactory or considered to be amusing. Corporal punishment; -it hardly need be stated - is not advisable. 

Children who have been allowed to become tyrants at home because they are "poor litte things" or because they may "put on a turn" are a problem when they come to school where they have to conform to the pattern of school life. Kind firmness is the only answer with such children. Often however, one finds that these children after the initial tussle, quietly adopt the accepted pattern of behaviour in the class as the others do. As class members with certain responsibilities and some success in their work, their self-confidence grows and they are less likely to try to attract attention by temper outbursts or other emotional demonstrations 

In this connection it is interesting to note as expressed by Psychologist Bender that she has not seen a child whose behaviour problem, associated with an organic brain-disorder, could not be explained on the basis of emotional disturbance or maladjustment. 

For all children some measure of success is the most vital element in the growth of self-confidence. This is not always easy to achieve, but the diligent teacher will find some situations which will enable even the least promising child to warrant praise. Indiscriminate praise for unworthy efforts is to be condemned, for it deceives neither the recipient nor his classmates or parents. Moreover, undue or unearned praise injures the child's self-respect. If he has really tried at a task one may commend his efforts and modify the goal so that next time, he will get a better result. 

Self-realization and feeling of worthwhileness 

Though some success in some sphere and the building-up of interests and hobbies, a child may be led to a happy realization and his potential abilities and a feeling of worthwhileness without which life is not entirely satisfactory. This is not easy. It means the child, the family and the schoolteachers must all learn to accept the child's handicap, not ignoring it and always endeavouring to minimise its adverse effect. 

The child and his family may be led to realize that this is an individual difference such as others have in other spheres, not shameful to be hidden away, but a handicap to adjust to as well as may be. Choice of vacation, home-routine and personal pleasures will need to be modified in the light of the individual circumstances, but where all the family co-operates; the child is generally helped in his giant-task of living with his handicap rather than in spite of it. With this as a fundamental basis the child can be helped to develop whatever abilities he has rather than wasted time lamenting what he has not. 

He and his family may be persuaded that a less ambitious vocation in which he is successful and happy is more desirable than striving after something beyond his ability to achieve satisfactorily. 

The child can be encour- aged to develop interests and hobbies that will enrich his leisure hours, giving him a sense of accomplishment, with consequent increase in self-confidence. But perhaps the most important derivative that comes from helping children to improve their skills and from encouraging them to experiment is of a therapeutic kind. To be able to read a book, or paint a picture, to make a basket or mould a piece of clay, to sing a song or play a part; these produce their own therapy in children who are handicapped physically or mentally. It is essential for these children to lose themselves in activities, in the pursuit of which they find their souls. It is through expression and creation that their personalities will develop - this has been repeatedly demonstrated with all kinds of handicaps and at all ages. 

It is probable that a higher percentage of physically handicapped children exhibit some form of instability than do physically normal children. This is even more likely when physical defect is confined with mental defect. In the first place, in so far as a child has a physical limitation, he notes that he is different from other children and this may be the basis of a personality deviation characterised by resentment, solitariness, self-pity and aggressiveness.

There is some evidence that when a few grossly physically handicapped children are left with a large group of physically normal children they tend to seek compensatory means of expression. They use abnormal ways of attracting attention, or they become markedly un-cooperative, or devise ways of annoying their more fortunate companions. We find that when such children join the company of other physically handicapped children and play and compete on equal terms, many of these neurotic trains disappear.

In the home, too, problems occur unless parents have been helped with advice in the early stages. Some children use their disability as a means of avoiding tasks which they can perform, or of attracting attention from brothers and sisters. One can find homes where a physically defective child exploits the situation to such an extent that others are reduced to relative slavery. This may arouse feelings of jealousy and aggression in others and is not conducive to a happy home atmosphere. It is extremely important, therefore, that a physically handicapped child within the home should be called upon to carry out certain tasks if his personality is to develop properly.

Society's responsibilities

This brings to the final point - society's responsibility to the handicapped. At the present time, all over the world, there is a growing conviction that the handicapped child is the responsibility not only of the family but also of society as a whole. Governments are increasing their provisions of schools and equipment, the public should focus more time and attention to be generous in giving their services for their wellbeing. 

Finally, the full functioning of any individual, handicapped or so-called normal, is dependent on a reasonable level of acceptance by the community in which he lives. 

Acceptance in the case of the physically handicapped child is dependent on a measure of understanding.

(The writer is Regional Secretary for the South East Asia World Council for the Disabled)


Law And Citizen 

You're no relation of mine

By Dr. C. Ananda Grero
There are premises governed under the provisions of the Rent Act No. 7 of 1972. The owner of the premises is known as the landlord and the person occupying the premises on rent is known as the tenant. In respect of these two, i.e. landlord and tenant there are various provisions applicable. The Rent Act provides provision for the continuance of tenancy even after the death of the tenant while Section 36 of the Rent Act makes provisions for the continuance of tenancy upon the death of the tenant. 

Section 36(2)(a)(1) says, any person who in the case of residential premises is the surviving spouse (i.e. either the husband or the wife), or child, parent, brother or sister of the deceased tenant of the premises or was a dependent of the deceased tenant immediately prior to his (tenant's) death; and (II) was a member of the household of the deceased tenant during the whole of the period of three months preceding his (tenant's) death shall subject to any order of the board (i.e. Rent Control Board) be deemed for the purpose of this Act to be the tenant of the premises. 

Premises No. 10 of Siriya Place, Kalutara was occupied by one Miss Solomon, a Burgher lady in her late seventies. She had a relation one Mrs Florence Silva in Colombo who visited her frequently. There was an old woman to look after Miss Solomon. These premises were owned by citizen Dias of Panadura. A young girl in her late twenties, one Somalatha came to this house where Miss Solomon lived. Somalatha who was known to Mrs. Florence, was brought to this house by the latter and paid a good salary to take care of Miss Solomon who was ill and feeble at that time. At the time Miss Solomon passed away Somalatha had been living in the house for four months. 

After the death of Miss Solomon, the old woman left the house, but Somalatha continued to occupy it although the landlord citizen Dias requested her to leave the premises and hand over vacant possession. At this time Somalatha made an application to the Rent Control Board of the area in order to be recognized as the tenant of these premises. 

As Somalatha continued to live in the premises, citizen Dias instituted a case for a declaration of title and ejectment of Somalatha and for damages till possession was restored. The defendant Somalatha filed answer and took up the position that these premises were governed by the Rent Act, the authorized rent was Rs. 50 per month and she was a member of the household of late Miss Solomon the tenant, for a period over three months and that she was a dependent of the deceased tenant. She further stated in the answer that she succeeded to the tenancy, after the death of Miss Soloman and moved that plaintiff's (Dias's) action be dismissed. 

The District Judge after trial held that Somalatha the defendant in the case succeeded to the tenancy of Miss Solomon under Section 36(2)(a) of the Rent Act and dismissed the plaintiff's action with costs. He appealed to the Court of Appeal against this judgment. 

A similar matter came up before Justice Wijeyaratne and Justice Weerasekera in the Court of Appeal. The judgment is reported in (1994) 3-Sri Lanka Law Reports at page 29. The names of the parties are Kodituwakku Arachchi V. Wadugodapitiya. 

Justice Wijeyaratne who wrote the judgment in this case pointed out that the word "dependant" had not been defined in the Rent Act. The ordinary meaning of the word "dependant" is one who depends on another for support or maintenance or a person for whose maintenance one is responsible. Dependency is irrespective of legal obligation to maintain and is a question of fact in each case. He said that in the absence of any definition of "dependant" in the Rent Act, the authorities establish the following propositions (a scheme proposed): 

(a) Dependency is not based on legal obligation to maintain. 

(b) A dependant is a person who derives support wholly or mainly for his or her subsistence upon another. 

(c) It is a question of fact upon the facts and circumstances of each case whether a person is a dependant of another. 

He referred to evidence led at trial and said, all this evidence points to the fact that the defendant (like Somalatha) was employed as servant or an aide of Miss "S." Domestic servants or aides are not "dependents". Their connection with the employer (like Miss Solomon) is based on a contract, express or implied. This does not make the defendant a dependant. It was never the intention of the Rent Act to enable domestic servants or aides to succeed to the tenancy on the death of their employer (like Miss Solomon). 

The counsel for plaintiff appellant (like Dias) argued that Section 36(2)(a) refers to a person in a family namely the surviving spouse, a child, a parent, a brother or sister of the deceased tenant. Therefore he argued that the word "dependant" which follows should be interpreted in reference to one who is connected to the family. Finally he held that the defendant (like Somalatha) has no lawful right to remain in these premises. He set aside the judgment and decree of the District Judge and entered judgment for the plaintiff (like Dias) as prayed for with costs and damages restricted to Rs. 50 per month from the date of the case till possession is restored. Justice Weerasekera agreed with this judgment. 

On the basis of the said judgment Somalatha is not regarded as a 'dependant' of the late Miss Solomon and cannot succeed to the tenancy under the provisions of the Rent Act. 

(All names are fictitious) 

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