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Legal fog obscures child punishment debate; Govt willing to amend the bill
View(s):By Sajeniya Sathanandan
The government has expressed its willingness to consider amendments to the Penal Code (Amendment) Bill regarding corporal punishment, giving an opportunity for more views on the issue.
There are many allegations against the bill, including the use of the word ‘humiliation’, which is found to be too broad. This ambiguity is seen as a challenge for whoever has the responsibility for children.
The failure to have talks among teachers is seen as a shortcoming.
Justice and National Integration Minister Harshana Nanayakkara told the Sunday Times that if people believed the term ‘humiliation’ was too broad, they could provide reasons and justifications for their view. He mentioned that the government was still open for discussion since the bill had not passed the committee stage.
However, National Child Protection Authority Director General Preethika Sakalasooriya said the term ‘humiliation’ is derived from the Constitution (Article 13), which prohibits cruel, inhuman or degrading treatment or punishment.
She also said the proposed amendments were published in the gazette, and 14 days were provided for any party to challenge it in the Supreme Court. This opportunity was not used by the teachers or unions who are now protesting. This was also discussed with stakeholders, including professionals from different sectors: education, health, and law.
Education Ministry Secretary Nalaka Kaluwewe told the Sunday Times guidelines would be issued to schools to create awareness about acceptable punishment and illegal mental harassment after Parliament passed the new amendment.
Dr. Lakmini Magodaratna, Consultant Community Physician and Acting Director of the Mental Health Directorate of the Health Ministry, advised that teachers and parents should recognise a child’s capacity and skills before pressuring them into activities beyond their strength and interest. “When a child fails to meet these goals, they are often mentally and physically assaulted.”
Dr. Magodaratna stated that this situation causes a child to feel incapable of pleasing anyone, thus preventing them from having a peaceful life. She emphasised that creating a supportive environment by parents and teachers will allow the child to seek their potential and succeed in life. She also said a change in parenting styles and an improvement in teacher skills are necessary measures to protect children from corporal punishment.
The amendment is acknowledged, yet the lack of awareness of positive disciplining methods is found to be a problem. Different views and opinions are shared related to the amendment, including the lack of discipline that can be taught from the age of five years at home with the support of teachers, religious leaders, and seniors. This is a different era with advanced technology, yet to discipline children, harsh forms of punishment are requested, such as raising the voice, taking away something they like for a short time period and restricting their freedom.
This bill is seen as a threat to vulnerable children who lack certain skills such as problem-solving and critical thinking. Also, it is viewed as an act of revenge against teachers and principals.
Questions are being raised as to how teachers can effectively educate children under such immense psychological pressure and whether the education system is prepared to adapt. The new law is found to be unnecessary, as there are existing laws and circulars that are inactive and can be used.
The Education Professionals’ Association President, Ven. Ulapane Sumangala Thera, warned that action would be taken if the bill was passed. He also said, “The bill places teachers and principals under severe mental distress. They will have to go to work with the fear of either facing violence from students or being imprisoned for attempting to maintain discipline, which is like going to war.”
Ceylon Teachers Union General Secretary Joseph Stalin said, “The law is good and should be implemented but only after further discussion to correct shortcomings and introduce alternative disciplinary methods.’’ A father and a general practitioner in Colombo, Dr A Ramachandran, said, “The values of our people are eroding in Sri Lankan society, and there’s no need to hurt children to discipline them.”
A mother and a Mullaitivu teacher, Thurkadevi Mahendran, said, “This could lead to serious problems among children in the long run, as it is up to the child to decide if they want to come to school or study.”
A matron of a Wadduwa children’s home, Ms Dumila, said, “Children’s mistakes must be pointed out, and they need advice and firmness to be disciplined.”
| Window still open for more amendments President Anura Kumara Dissanayake on Friday said that an opportunity to revise the proposed amendments to the Penal Code on corporal punishment still remains. “Regarding the Penal Code, although amendments prepared in advance were presented to Parliament, they have not yet been passed. We now have the opportunity to propose further amendments if necessary or to maintain the current provisions,” the President said, addressing a religious event in Kandy. “These laws are not intended for personal gain; their focus is the common good. Our vision is to build a stronger and better state, a goal that can only be realised by recognising and fulfilling the responsibilities entrusted to us as the ruling party, with significant roles assigned to our Mahanayaka Theros,” he said.
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| Monaragala teacher assaulted A student allegedly assaulted a teacher at Mahanama National School in Monaragala after being questioned about a mobile phone. The teacher was admitted to the Monaragala District General Hospital. |
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