Education Ministry in hot water over Kotahena child’s suicide

- Massive protest held yesterday at her school in Bambalapitiya

- Education Ministry seeks explanation; teacher transferred

- Judicial medical officer files police complaint based on findings

- Teachers’ Union calls for urgent investigation and prosecution

- Protesters urge PM/Education Minister to ensure justice for Amshika

By Kamanthi Wickramasinghe

Colombo, May 9 (Daily Mirror) - A massive protest was staged in front of the Ramanathan Hindu Ladies’ College, Bambalapitiya on May 8 (Thursday) demanding justice for Dilshi Amshika, (15) a former student of the school who took her own life on April 29 as a result of the trauma she had to endure following alleged sexual and psychological abuse by her school mathematics teacher.

The protesters demanded justice from the school and relevant authorities to arrest the perpetrator and those who are aiding and abetting him to be free of prosecution and initiate a thorough investigation into the case.

In response to mounting pressure, the Education Ministry called for an explanation from the school principal regarding Amshika’s suicide. A Ministry official said that the teacher had been transferred and disciplinary action would follow based on the police investigation.

Speaking to the Daily Mirror, Harendra De Silva, Emeritus Professor in Paediatrics at the University of Colombo said that transferring a teacher alleged to have committed a criminal offence is not the answer. “Disciplinary action is not the solution. Criminal investigation and prosecution is the answer. The Education Ministry has no mandate to hold disciplinary inquiries. Since child abuse comes under the Penal Code, it is mandatory for the Police and National Child Protection Authority (NCPA) to arrest the accused and investigate accordingly,” he explained.

Prof. De Silva further said that the National Child Protection Authority (NCPA) Chairman has the powers to arrest suspects of child abuse according to the NCPA Act No. 50 of 1998 and keep them in custody for 48 hours.

He said that sexual abuse comes under the Penal Code and that anything which comes under the Penal Code is an act against society. “Action has to be taken and it cannot be settled outside courts. You in fact can’t settle the matter. Under the 1995 Penal Code Amendment No. 22 these are convictable offences and perpetrators get a mandatory sentence. I don’t know why they are not arresting this person if there’s evidence,” he added.

Even though the teacher in question was arrested by the Bambalapitiya Police he was subsequently released on bail. Speaking at a press briefing Amshika’s mother spoke about the alleged abuse her daughter had to endure while in school. “She wasn’t a mentally challenged child. She was very talented but the school made her a mentally ill person. I then intervened to transfer her to another school. Thereafter, she was hospitalized and she underwent counseling after which she recovered to some extent. But then she started getting flashbacks of the trauma when she was humiliated in front of students at her private tuition class. Thereafter, she started feeling depressed once again. Till then students at her new school were unaware of this incident but after what happened at the private tuition class she had to face more unpleasant experiences. My daughter’s death should be a strong message to this society. No other child should endure such a trauma,” Amshika’s mother said demanding justice for her daughter.

But despite repeated complaints regarding the alleged sexual abuse she experienced, the school reportedly dismissed allegations levelled against the teacher. The Daily Mirror learns that it was the judicial medical officer who in fact filed a police complaint against the teacher for sexual and psychological abuse of a minor, based on the findings of the report which was put together by the medical professional who treated Amshika.

Ceylon Teachers’ Union General Secretary Joseph Stalin demanded authorities to conduct a thorough investigation and expedite prosecution of the perpetrator.

The crowds who gathered at the protest demanded Prime Minister Dr. Harini Amarasuriya who is also the Education Minister and relevant authorities to expedite investigations and serve justice to Amshika.

Attempts to contact Education Minister Dr. Amarasuriya, Deputy Education Minister Dr. Madhura Seneviratne and Chief Government Whip Dr. Nalinda Jayatissa to inquire about the government’s stance on this case and the future course of action regarding the alleged perpetrator proved futile.