Sunday Times 2
Sri Lanka marks milestone by ending corporal punishment for children
View(s):By Dilushi Wijesinghe
Sri Lanka has marked a milestone in protecting the rights of children with the introduction of the Penal Code (Amendment) Act, officially gazetted on July 4. The new law introduces reforms aimed at ending corporal punishment and enhancing penalties for those who harm children.
A key highlight of the amendment is the addition of Section 308b, which explicitly prohibits cruel and degrading punishments, both physical and non-physical, for anyone under the age of eighteen.
For the first time, corporal punishment is defined in Sri Lankan law to include any physical act likely to cause pain or discomfort, however light, and any non-physical act likely to cause humiliation, however light.
Examples outlined in the legislation include hitting a child with a belt causing injury, withholding food as punishment, publicly humiliating a child, such as calling them a thief in a school assembly, and even a slap that causes no physical injury.
The amendment also makes it clear that such acts cannot be justified under the general exceptions in the Penal Code, with Section 82 amended to exclude corporal punishment from its scope.
Those found guilty under the new Section 308b face imprisonment for up to six months, a fine of up to one hundred thousand rupees, or both. Additionally, courts may order compensation to be paid to the child, based on a victim impact statement.
Harsher penalties apply when the offence is committed against particularly vulnerable children, such as those in the custody of state institutions or with physical or mental disabilities. In such aggravated cases, offenders face a minimum of six months and up to two years of imprisonment, a fine of up to one hundred thousand rupees, or both. Compensation may also be ordered. Courts retain discretion to impose lesser sentences if the offender is under eighteen.
The reform also strengthens penalties for other forms of violence against children. Under the new Section 314a, voluntarily causing hurt to a child now carries a penalty of imprisonment up to two years, a fine of up to five thousand rupees, or both. Courts may also impose compensation.
Under Section 316a, those convicted of voluntarily causing grievous hurt to a child face imprisonment of up to ten years, along with a fine. Compensation may also be ordered in these cases.
A panel of experts appointed by former President Ranil Wickremesinghe in April 2023, released a comprehensive report addressing critical gaps in Sri Lanka’s child protection framework on October 3, 2023.
The report highlighted a deeply flawed legal process where child victims are institutionalised while perpetrators often receive bail and continue to live freely. It noted that trials, on average, take over eight years, depriving victims of their childhood. One of the key recommendations was the provision of compensation for victims of violence.
The report also addressed critical gaps in institutional care, family separation, child labour, and digital media exposure. It also reviewed the adequacy of legal and administrative safeguards and focused on the mental and physical rehabilitation of child victims of violence, abuse, and neglect.
A key section outlined a restorative rehabilitative process for children in remand homes, detention centres, and certified schools. It also included strategies for reintegrating children from care institutions through life skills training and individual care plans.
A major area of concern was the continued practice of corporal punishment. The committee warned that such punishment conditions children to view violence as a normal response to conflict.
Following consultations with legal stakeholders, the panel drafted a bill to prohibit corporal punishment. The bill was approved by the Cabinet just before the September Presidential Election and was gazetted, paving the way for parliamentary approval.
Among the reforms already implemented is the establishment of child-friendly Women and Children’s Desks at every police station, staffed with specially trained personnel to handle sensitive cases.