HIV rumour: Mother files FR petition

2016-03-03 21:52:41

A mother, resident of Kuliyapitiya filed a fundamental rights violation petition complaining that her child’s school admission to grade one had callously been denied to all the schools in Kuliyapitiya zone due to falsely circulated rumour that her child was HIV positive.

Petitioners, the mother and her child (names are withheld on the ground of ethics) cited Education Minister Akila Viraj Kariyawasam, Provincial Director of Education J.G.N. Thilakarathna, Zonal Director of Education A.S.K. Jayalath, the Principals of Bohandiya Primary School, Illukhena and Sripathi Royal College, Diyakalamulla as well as the Education Ministry Secretary, IGP and the Attorney General as Respondents.

Petitioner mother states that she and one Silva were in a de facto marriage since 2009 and the child was born on 17.09.2010 and that father of the child died of Sepsis Tuberculosis on 24.09.2015.
She laments a false rumour was circulated by persons with vested interests that the child is HIV positive and his father died of HIV/AIDS.

The Principals of both schools indicated unwillingness to admit the child purportedly due to the aforesaid false rumour and the protests by some parents.

She state notwithstanding the fact that there was no obligation to do so, in view of the compulsions arising from the exigencies of the attendant situation, her child was subjected to an HIV test which confirmed that her child was not HIV positive.

She bemoans that she desperately visited a number of schools in the area, beseeching the respective principals to admit her child but those principals did not admit her child as the Principal of Bohandiya Primary School had informed them not to admit.

She pleads that fundamental rights of her child to equality and equal protection of the law, that no citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any one of such ground and the freedom from torture, cruelty, inhuman or degrading treatment or punishment and the right to the freedom of movement including the right to choose his residence within Sri Lanka are infringed by the Respondents.

She is seeking the Court to direct the IGP to take all necessary steps to ensure that her child’s right to a formal education and school attendance is not disrupted or obstructed or impeded by any person or persons and to conduct an investigation as to whether any one of the respondents are acting under duress or coercion or undue influence of any form or manner.

She is seeking a declaration from the Court that her child is entitled to be forthwith admitted to Grade One in a government school within two miles of her residence. (S.S. Selvanayagam)

  Comments - 10

  • ram Friday, 4 March 2016 07:56

    We all should support the mother. If necessary fund raising program need to help her in fighting legal expects.

    Reply : 0       2

    Samitha Friday, 4 March 2016 13:42

    My support is with you.

    Reply : 0       2

    BuffaloaCitizen Friday, 4 March 2016 09:50

    This is proof that Sinhalese Buddhism is no where close to the Dhamma that Lord Buddha preached. We are a ignorant shameless race and country.

    Reply : 0       2

    Banda Friday, 4 March 2016 16:46

    You are correct.

    Reply : 0       2

    Lal SILVA Friday, 4 March 2016 11:41

    Folks something is missing. Child has rights for a school even with AIDS or HIV.

    Reply : 0       2

    onlooker Friday, 4 March 2016 12:23

    Very correct. Must send the hooligans involved to gallows.

    Reply : 0       2

    Shan Friday, 4 March 2016 13:51

    Trinity college kandy is considering admission to the innocent child!

    Reply : 0       2

    janaka Friday, 4 March 2016 14:28

    it is reported from education ministers area shame via DM Android App

    Reply : 0       2

    Fassey Friday, 4 March 2016 14:28

    Very pathetic case. Even if the child gets a close by school the child will be ill treated by the villagers. This mother should move out of the village and create a healthy environment for the child. Government should help this needy mother and Child.

    Reply : 0       2

    Ananda de Silva Saturday, 5 March 2016 16:36

    I cannot understand how these principals of schools of the area are acting so unprofessionally who should be kicked out from the schools. The child is very fortunate to have been offered admission to Trinity college Kandy being a top grade school in Sri Lanka. We salute Trinity for their magnanimous gesture. via DM Android App

    Reply : 0       0

Add comment

Comments will be edited (grammar, spelling and slang) and authorized at the discretion of Daily Mirror online. The website also has the right not to publish selected comments.
Name is required

Email is required
Comment cannot be empty