The best interest of the child must remain our only priority

By Milani Salpitikorala

Colombo, May 19 (Daily Mirror) - The ongoing case involving the alleged sexual abuse of a child has caused significant public concern across Sri Lanka.

Child abuse allegations, particularly where the accused is a person perceived to hold influence or authority, must be addressed with urgency, professionalism and complete impartiality.

At the same time, it is important that our collective response remains focused not on public emotion, political narratives, or institutional competition but on one principle alone: the best interest of the child.

Based on information currently in the public domain, the child is understood to be under State protection and in the care of the Department of Probation and Child Care Services.

This is an important legal fact. Where a child victim is under State care, decisions relating to access, protection, welfare, and legal representation cannot be approached casually or through public declarations.

Under Section 14( j) of the National Child Protection Authority Act, the National Child Protection Authority is empowered to take necessary action for the protection and welfare of children, including intervention where a child is at risk.

Under such circumstances, the NCPA must fully exercise that mandate alongside the Attorney-General’s Department, ensuring that the child is protected not only physically but legally and psychologically throughout the criminal justice process.

Under Section 5 of the Assistance to and Protection of Victims of Crime and Witnesses Act, a victim has the right to legal representation through an Attorney-at-Law.

However, legal representation of a child victim must be undertaken lawfully, responsibly and in a manner that protects the integrity of the case.

A child under State protection cannot simply become the subject of competing public claims of representation without lawful authority, proper access and a full understanding of the facts.

This is not a matter of willingness. It is a matter of safeguarding the child and protecting the legal process.

Under Section 41 of the Judicature Act, rights of appearance before Court are governed by law and procedure. Representation in a matter of this nature must therefore be properly grounded and institutionally appropriate.

In many jurisdictions, including Singapore, the protection of child victims in criminal matters is primarily State-led, with prosecutors and child protection institutions taking responsibility to safeguard the child and the legal process. Sri Lanka’s own legal framework provides similar mechanisms and those mechanisms must be utilised effectively.

If additional specialist assistance is required—including legal, forensic, psychosocial, or child advocacy expertise—there should be no hesitation in seeking professional support through proper institutional channels.

As lawyers who have worked extensively in child protection, we remain ready to support the relevant State institutions where appropriate and this willingness has already been formally communicated.

We are equally concerned by reports that sections of the media have published details which can identify the child.

This is highly irresponsible. Children who are victims of abuse are entitled to dignity, privacy and protection from further trauma. Public exposure, speculation and sensational reporting risk causing additional harm to a child who has already endured enough. This must stop immediately.

We must also guard against attempts to politicise this matter or allow religious, political, racial, or social biases to influence the process.

No child protection matter should ever be shaped by the status of the accused or the convenience of public narratives.

This is a moment for institutions to act with clarity, courage, and professionalism.

The National Child Protection Authority, the Department of Probation and Child Care Services, Law Enforcement, and the Attorney-General’s Department must take all steps to ensure the child’s protection and the integrity of the legal process.

Public concern is important. But the child’s welfare must remain at central during every decision. The best interests of the child is paramount.