For Mohan Peiris Corporal Punishment Is Trivial And Victims Should Not Complain To Courts
By Colombo Telegraph -March 8, 2013
Human rights activists are appalled at the statement of Mohan Pieris, the de facto Chief Justice, made recently when he declared open a Circuit Court at Manampitiya, that some persons file fundamental rights cases even for trivial reasons. According to a Daily Mirror report, Mohan Pieris has stated that some even file fundamental rights cases when a teacher twisted a boy’s ear.
Mohan Pieris
An academic well-versed in human rights law, who spoke to Colombo Telegraph on the condition of anonymity, said that twisting the ear of a pupil is corporal punishment which has been banned by the Department of Education.
A child rights activist told Colombo Telegraph that Mohan Peiris’ statement would be an encouragement to teachers who still violate the circular of the Department of Education banning all forms of corporal punishment. There have been cases of teachers targeting particular students for various reasons ranging from caste issues to resistance to sexual advances. A child psychologist said that Mohan Peiris had given an open license to school teachers to violate Departmental regulations on corporal punishment. There have been cases of school children refusing to go to school because of being targeted by particular teachers. Some children may even be driven to suicide, the child psychologist warned.
A human rights lawyer told Colombo Telegraph that Article 11 of the Constitution prohibits not only torture but also cruel, inhuman and degrading treatment or punishment. Twisting the ear of a student in the view of the entire class may be degrading to the student concerned although another student may not feel bad about it. In any case, corporal punishment is on the way out all over the world. The provisions of the Convention on the Rights of the Child, to which Sri Lanka is a party, is also important for child punishment, as Article 19 states: “Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation.”
In January 2005, the Supreme Court of Nepal declared that parents, other family members and teachers no longer have a defence for “minor beating” of a child under the Children Act 1992. The Court issued a directive order to the Office of the Prime Minister and the Council of Ministers, asking them “to pursue appropriate and effective measures to prevent physical punishment as well as other cruel, inhuman or degrading treatment or punishment or abuse being imposed or inflicted on, or likely to be imposed or inflicted on children”. The decision followed an application made by the Center for Victims of Torture. Section 7 of the 1992 Act, protecting children from cruelty and abuse, stated that “any act by the mother, father, family member, guardian or teacher to scold the child or give him/her minor beating for the sake of his or her interests shall not be deemed to violate this section.” The words “or give him/her minor beating” were declared null and void by the Court, as being inappropriate and contrary to the Constitution.
A child rights activist stated that the National Child Protection Authority should immediately take up the matter with the Government. Mohan Pieris should be impeached for encouraging the violation of the Constitution, the rights activist stated.
SL can teach human rights to US and EU says CJ
THURSDAY, 07 MARCH 2013 
Chief Justice Mohan Peiris has said that Sri Lanka could teach lessons on human rights to the US and the EU although they are trying to teach human rights to Sri Lanka now in Geneva..jpg) |
| One year ago Mohan Peiris wasdefending GoSL anti human Rights postion at UN HRC |
Chief Justice Mohan Peiris also asked the public to send him a postcard stating their grievances if they cannot solve them through the officials and authorities in the areas, he would provide relief on the part of the judiciary.
Addressing a public meeting at Bakamuna following the opening of the Bakamuna circuit court building he stressed that the services of the judiciary were now available to the people at their doorstep.
“I as the Chief Justice would carry out my duties in a humble manner. I am a person who respects and believes in religion. Sometimes I have a fear about my responsibilities as well. But when I came here and saw I gained confidence. There is nothing to fear. If there is a problem you cannot solve through the officials in the area take a postcard, write it and send to the Chief Justice, Colombo 12. You will get relief,” he said.
“All those concerned including the justice ministry, judges and the lawyers have a major role in this process. It is their responsibility to respond to the grievances of the people’s sensitively. If the judiciary is not sensitive, the law will serve no purpose. However, it is the duty of the people to respect the judiciary that protects their rights.(Kanchana Kumara Ariyadasa )
