Govt. attempts to rectify ‘systemic failures in addressing child abuse cases’

On May 8, a protest was staged in front of the Ramanathan Hindu Ladies’ College in Bambalapitiya where protesters blamed the principal and teachers for shielding an alleged perpetrator, for allowing him to continue teaching despite mounting allegations and for transferring him following public outcries

A month has elapsed since investigations commenced to determine the actual cause behind 15-year old Dilshi Amshika’s suicide. Following public outcries, several changes took place, but activists claim that these decisions were taken to prevent further uproar by the public. The matter was politicised and distorted due to damaging responses made by the government which did more injustice to the victim. Given that the allegations made against the tuition institute owner Narayanapilla Sivanandarajah were severe and that the owner of the tuition institute- where Amshika was allegedly humiliated- being the incumbent government’s Colombo North organiser, the authorities failed to take the accused in for questioning. This raises concerns regarding the transparency of the investigations. However the Daily Mirror reliably learned that the tuition master in question had not been arrested on grounds of ‘insufficient evidence’. 

Timeline of events 

According to media reports, the child was allegedly sexually abused by the mathematics teacher in October 2024. On December 8, a complaint was filed with the Police. The teacher in question was subsequently arrested on January 8, 2025 and was remanded till January 10 after being produced to the Hulftsdorp Magistrate’s Court. He was subsequently released on bail and was slapped with a travel ban. Following this encounter, the student was transferred to another school in Kotahena. However, according to Amshika’s mother, an incident that happened at a private tuition class contributed to her death. It had been alleged that the owner of the tuition institute humiliated her in front of other students by revealing details of the case, claiming that she was involved in a ‘police case’, thereby barring her from attending classes. The girl took her own life on April 29 while at her residence in Kotahena. Her mother claims that the emotional trauma and public shaming led to her daughter’s death. A letter written by the child is believed to have revealed the alleged perpetrator, describing circumstances that led to her death. On May 6, the National Child Protection Authority (NCPA) had received a third-party complaint which also claimed that this humiliation led to her death. 

On May 8, a protest was staged in front of the Ramanathan Hindu Ladies’ College in Bambalapitiya where protesters blamed the principal and teachers for shielding an alleged perpetrator, for allowing him to continue teaching despite mounting allegations and for transferring him following public outcries. They demanded that the teacher should be suspended from school and arrested. In response to mounting public pressure, the Ministry of Education decided to transfer the teacher in question with immediate effect. The press release issued by the Ministry of Education indicated that the police investigation report had been called for and that appropriate disciplinary action would be taken accordingly. 

But legal experts and child rights activists claimed that a transfer is not a solution in a matter of this nature and that all parties involved or allegedly involved needs to be taken in for questioning, either by the Police or NCPA as these authorities are mandated by the law. 

The tuition master’s narrative 

However it was subsequently revealed that the tuition master in question, Narayanapillai Sivanandarajah was also NPP’s Colombo North Organiser. At the time of the protest and public outcry, the government was getting ready to conduct the local government elections. Seizing the opportunity, perhaps to avoid becoming unpopular among voters, Sivanandarajah filed a complaint at the Criminal Investigations Department (CID) denying accusations and allegations while claiming that it’s a politically motivated narrative. 

He claimed that he observed that the child in question had not been feeling well from the time she started classes at his institute. “She started classes on January 18 and during the first week itself she fell ill. She had been bleeding from her nose and ears while in the class. Her parents were subsequently informed. During the second week she had suffered an epileptic fit and had collapsed in class. During the third week I saw her staying alone and I warned her not to stay alone and asked her to be around with her friends. I asked her to call her mother and come to take her home. I told her mother to look after her and send her back for tuition after she is fully recovered. Then I got to know that she had committed suicide on April 29 following which various factions published my photo and engaged in a mud-slinging campaign with an ulterior motive of removing me from politics. I have filed a complaint at the CID’s cybercrime division and have asked them to conduct a proper inquiry and arrest me if I have done something illegal,” he said speaking to media outside the CID on the day he filed the complaint. 

PM orders swift Police probe 

Speaking in Parliament regarding the matter, Dr. Harini Amarasuriya said that incidents and crimes involving children must be addressed with responsibility and should never be politicised or used for political advantage. The Prime Minister emphasised that a child contemplating suicide reflects a collective failure of society and that such incidents mustn’t be repeated.

Following the spate of events, Prime Minister Dr. Amarasuriya convened the parents of the deceased child on May 10 and subsequently instructed the Police to conduct an ‘impartial, accurate and urgent’ investigation into the matter. An internal inquiry on the response process carried out by the Education Ministry too was launched. The Prime Minister observed that coordination among state institutions responsible for intervening in cases of child abuse is not at satisfactory level and that the existing mechanism had failed to respond appropriately to the affected child.

Urgent call to amend definitions in the Penal Code 

Section  308A of the Penal Code deals with the offense of cruelty to children.  The Penal Code (Amendment) Act, No. 16 of 2006, amended section 308A to  include psychological or mental trauma as a form of injury in cases of  child abuse. This amendment broadened the definition of “injuries” under  the section, ensuring that emotional harm is also considered as a  punishable offense. “But physical, emotional and psychological abuse  should be clearly defined to determine the severity of cruelty,” said  NCPA Founder Chairman and legislator in child protection Prof. Harendra  de Silva. 

He said that the Justice Ministry should wake up at least  now and bring in these much needed amendments as emotional abuse is  vaguely defined in statute books. “Perhaps we could draw lessons from  other countries on how to apply the law in cases of justified emotional  abuse. Once these amendments are passed and gazetted these documents  should be sent to all schools,” he added. 

Investigations underway 

The Daily Mirror learned that legal proceedings with regards to the mathematics teacher are currently underway while the matter with regards to the tuition master is pending before the Attorney General. All incidents that are being investigated are being reported to the Attorney General’s Department.

Following the incident, the NCPA launched an investigation into the incident and reports were obtained from Bambalapitiya and Kotahena Police stations. Issuing a directive to the Secretary to the Education Ministry and all Provincial Education Directors, the NCPA outlined several measures to be taken in cases of school-based abuse. 

Speaking to this newspaper, NCPA Chairperson, High Court Judge Preethi Inoka Ranasinghe said “an alarming trend of youth suicide cases had been observed and the NCPA is making all interventions to avert these incidents. We continue to inform parents and teachers about their responsibilities while also providing psychosocial support,” she added. 

Cabinet approves multi-stakeholder caucus to respond to cases of child abuse

Apart from the NCPA, the Police Women’s and Children’s Bureau is investigating the incident. Speaking to the Daily Mirror, Deputy Minister of Women and Child Affairs Dr. Namal Sudarshana said that the incident could have been averted if timely interventions were made. “We convened relevant ministries including the Ministries of Education, Justice, Media, Health and Police Department to initiate a multi-stakeholder intervention to respond to cases of child abuse, harassment etc. With this mechanism we will look at how we could enforce the law against perpetrators,” he said while adding that this caucus and mechanism would be established in the near future.

As such, the Cabinet of Ministers has approved the proposal presented by the Minister of Women and Child Affairs to take the following steps, enabling swift involvement in such occasions. 

• Appointment of a Standing National Committee under the chairmanship of the Secretary of the Ministry of Women and Child Affairs and comprising representatives of other relevant institutions. 
• Introduction of amendments to the Penal Code and Criminal Code, enabling the elimination of physical penalties against children 
• In reporting all forms of violence and abuse that occur to children, the declaration of the media ethics system currently being drafted includes all appropriate provisions to prevent such victims from experiencing frequent occurrences of harassment.
• Obtaining swift intervention from the National Authority for the Protection of Victims of Crime and Witnesses, the Secretariat for Non-Governmental Organisations and the Sri Lanka Telecommunications Regulation Commission to regulate the activities performed by the media institutions and social media communicators in such a way that damages the identity of child victims.