Sri Lanka’s Government’s decision to ban corporal punishment marks a significant victory for those advocating for ending violence against children, particularly corporal punishment, said Stop Child Cruelty Trust (SCCT) Chairperson Dr. Tush Wickramanayaka.
Excerpts of the interview
Q: As the SCCT, how do you feel about the Government’s decision to ban corporal punishment?
A: Sri Lanka ratified the UN Convention of the Rights of Children (UNCRC) in 1991. This is a victory for all those who have advocated for ending violence against children, especially corporal punishment. The Stop Child Cruelty Trust’s (SCCT) indefatigable efforts since 2018 elevated the subject of corporal punishment to a daily topic of conversation and marked it as a high priority in protecting and promoting the rights of Sri Lankan children. The Cabinet decision to approve legal reforms to abolish corporal punishment on 29/04/2024 is welcome in ensuring that our children enjoy the same rights and privileges as those in the rest of the civilised world.
Q: How will the amendment to the Penal Code and the Criminal Procedure Code affect the daily lives of Sri Lankan children at home and in schools?
A: Children in Sri Lanka are not considered as rights holders. Corporal punishment aka physical abuse is the most common form of abuse affecting over 1.3 billion children around the world. In Sri Lanka, cases of cruelty (corporal punishment, physical abuse) reported to the National Child Protection Authority (NCPA) have increased threefold in the past 10 years.
The Lancet medical journal published a meta-analysis in 2022 of over 300 research studies spanning 50 years.
None of the studies showed a single benefit to corporal punishment. Although the evidence is clear of the detrimental effects of corporal punishment, changing social attitudes and norms has been even more challenging as assaults against children are legitimised in the laws of the country, particularly Penal Code Sections 12 and 82.
Therefore, having a clean and clear law will enhance the efforts of the institutions committed to protecting children. It would energise the public towards zero tolerance of physical abuse against children.
Q: What measures will be implemented to ensure that teachers and school administrators comply with the new ban on corporal punishment?
A: A law of a country is applicable to all citizens. The purpose of a strong law is to prevent crimes from occurring, in this case, prevent child abuse. The law is not focused on targeting a specific group/s of people or determined to incarcerate certain group/s of people. The legal amendments to abolish corporal punishment against children will have wider implications in all settings – homes, schools, religious institutions, care homes, detention centres and public transport to ensure a child is safe.
About 80-90 percent of abuse happens within home surroundings by the people whom the child loves and trusts, but because these occur within closed doors, they go unnoticed and unreported. However, abuse that occurs in public places such as schools or religious institutions is sensationalised in the media. The Government has a responsibility to ensure that the child protection mechanisms are heightened and that specific institutions such as the NCPA and the Police are held accountable to ensure the laws are implemented vigorously.
Q: How can the SCCT monitor the prohibition of physical punishment at schools, and institutions?
A: The role of the SCCT as a Civil Society Organisation (CSO) is complementary to the Government’s efforts. Our immediate target is to ensure that requisite legislations are passed in Parliament before it is dissolved; before the next Government is elected as we run the risk of being pushed back by another five years. Sri Lanka was honoured as the only path-finding South Asian country focused on Sustainable Development Goal 16.2 (SDG) to end violence against children in 2017 under the partnership of UNICEF.
Unfortunately, the National Action Plan to End Violence against Children (NPEVAC) shelved in 2018. The National Child Protection Policy spearheaded by the NCPA, which received Cabinet approval in 2019, remains unimplemented. The SCCT hopes to advocate for UNICEF to take a more formidable role in ensuring that the State party obligations are fulfilled and to encourage other like-minded CSO’s and NGO’s to keep track on the implementation of the changes.
Q: In what ways will this legal amendment impact the relationship between parents and children, particularly in terms of discipline and behaviour management?
A: The efforts to rectify any social injustice require an equilateral triangle: a) Political will and legislation b) implementation of laws c) change in public attitudes. The last one is the most difficult to achieve. A new law alone will not bring social justice. However, a strong law will be a guiding path towards changes in attitudes. Parents are the primary guardians of a child; the State is the ultimate guardian.
Guardianship does not mean ownership of a child. It means providing care and protection for the child. Parents have an undeniable responsibility to look after their children and the key is to build a trusting communication between the child and the adult. This cannot be enforced by law. Majority of abuse occurs within homes and families.
Your child should be able to come to you as soon as they feel uncomfortable in any situation and confide in you without being penalised or blamed. Positive Parenting is a skill that needs to be developed as early as antenatal clinics, during early childhood development and throughout a child’s life. There is a variety of resources online with easy access. Adults need to educate, energise and empower themselves.
Q: What kind of training and resources have you, as an organisation, provided teachers in the schools you work with, to promote alternative, non-violent methods of child discipline?
A: The SCCT has been providing ‘Happier and Safer Education – Secure Schools Program’ training for teachers since 2018. The Government has a serious role to play in ensuring that any adult who chooses teaching as a career is provided compulsory child psychology and positive discipline training.
In 2017, the NCPA concluded a Study on Child Disciplinary Methods Practised in Schools in Sri Lanka. None of the 18 recommendations were implemented to date. The ‘Secure Schools Program’ focuses on delivering some of these recommendations and is based on global principles of the inspire module to end violence.
The program includes intensive training to teachers on law, child rights, child psychology, stress management and positive discipline methods. It also targets parents and students in a series of interactive programs on citizenship and child rights, substance misuse and anti-social behaviour, sexuality education and parent-child communication. These programs have been successful as one-time sessions, but we need more research-driven long-term data to know the impact on society.
Q: How do you think the Government will address the potential resistance from those who believe in the traditional use of corporal punishment as a disciplinary tool?
A: The delays to implement law reforms have been the resistance by teachers and some members of the public endorsing the myth that, “We are doing well because we were hit.” However, such archaic ideas were rejected in February 2021 by the Supreme Court in a landmark decision in case No SC/FR/97/2017. It is, therefore, incomprehensible why the authorities will have any hesitation to cave in to the resistance.
The State also must fulfil its international obligations, especially the agreement given at the last UNCRC in 2018 where ending violence, including corporal punishment was highlighted as “critical and urgent”. The next UNCRC assessment is due in 2025. We hope the authorities will find courage to see this through.
Q: What support systems and reporting mechanisms will be set up for children to safely report instances of physical punishment or abuse?
A: There is a well-established reporting mechanism, the 1929 helpline of the NCPA. People can also report to local police stations and the Special Unit for Women and Children via 1090. What is important is the manner and speed in which these complaints are resolved, which is currently appalling with only one or two convictions for child abuse per year.
The psychological support for children as victims and their families are also abysmal.
A case of child abuse takes about 7-10 years on average to conclude, often the victim withdraws the case as the child is by then an adult with own family and responsibilities.
This is a travesty of justice to all victims and alleged perpetrators as “justice delayed is justice denied”. The institutions such as the NCPA, Probation Department, Police and the Judiciary must provide a more efficient and effective service to avoid child abuse.
Q: How will the Government ensure that new amendments are inclusive and protect children from all forms of abuse and violence, not just physical punishment?
A: Cabinet recommendations are specific to abolishing corporal punishment. Research has shown overwhelming evidence that childhood physical punishments often lead to youth violence, social crimes, domestic violence, university ragging and even sexual violence.
Victims of physical abuse drop out of school, have low educational attainment, suffer from a variety of psychological issues and become non-productive citizens.
Violence against children creates an unbearable burden on health, education, law and order, judiciary, economy and social services. If a the Government is serious about the welfare of its people, of national security, it should prioritise abolishing corporal punishment against children unequivocally.
Q: What is the next step?
A: The SCCT’s immediate goal is to ensure the legislation is passed in Parliament ushering an era without violence. Our main goal is to publish the book ‘Our Children’, a historic collection of real-life stories of survivors of child abuse empowering children and adults. We are reaching out for the first time for crowd funding for this national project via www.stopchildcruelty.com.
Our long-term goal is that our public representatives who are appointed by our vote endorse the rights of our children as a special group of citizens in the Constitution similar to some of the other countries.
