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Whither duty of care

Whither duty of care

05 Dec 2023

The recent death of a teenage child at the hands of a Matron, who was charged with his care in a National Child Protection Authority designated children’s detention home in Kalmunai, highlights the plight of children’s rights and the “duty of care” of state officials have towards them in Sri Lanka, today.  Such reports would have normally triggered a public backlash, but the masses and the state officials seem to be preoccupied with the ongoing “cricket” saga, or who gets more time to speak in Parliament, and the other stage plays such as the appointment of a new Inspector General of Police.

While many have come forward to question what the authorities are doing, and what action can be taken to combat child sexual abuse, child rape and what’s to be done with child pregnancies, few question about the duty of care for children in custody, in rehabilitation are deemed to be ward of the State? How well-regulated and monitored are State-run children’s homes, rehabilitation and detention centres?, is a question rarely asked. Irrespective of the reason the child was directed to be held at the children’s detention centre, a custodial death is an alarm bell indicating that there is much wrong with the system. Going by the experience of custodial deaths in Police holdings and in the Prison system, it is not surprising that such a fate would befall the children at the mercy of the state system. Given the death of the 15-year-old boy in Kalmunai, and multiple reports of girls who were in Children’s homes being sexually abused, over the course of this year (2023), the need for a national-level audit of all such facilities and persons involved in it, is an urgent requirement. The report of hundreds of girls under the age of 16 being raped up to date in Sri Lanka, paints a poor picture of some of the challenges Sri Lankan children face today. What has happened to the duty of care for children by the State? 

State responsibility regarding such matters seems to be in shambles. The State is not alone in blame. What of community and family responsibility and duty of care for their young? Sadly, many of the children who are abused, sexually, physically or mentally are by those who are within the families, or by family friends. That fact is evidence of the eroded morality of the present Sri Lankan society we live in.

However, our policymakers seem distracted by a myriad of other issues to take notice of this dire situation. While the Ministry of Women, Child Affairs and Social Empowerment has launched inquiries into the sexual abuse of a number of girls who are in state-run Children’s homes and detention centres. Some of the children were reported as pregnant, throwing their lives in a complex crisis even before they reach adulthood. While some policymakers have made attempts to spark debate about such issues, many seem content following whichever “drama” the House of Representatives channel decides to air each week.     

However, it was refreshing to see a young Parliamentarian, the State Minister of Defence, Premitha Bandara Tennakoon speaking in Parliament yesterday, expressing his disgust and disappointment about the crime, stating that he was not speaking as a politician nor a minister, but as a father and a citizen. “Recently we received news that a 15-year-old boy was beaten to death using a broom and a wicket by the Matron of the children’s detention centre he was entrusted to. This child was in the care of an institution which was supposed to protect him. This news is one that brings sorrow. The fact that it was the Matron of the institution where this child was handed over for protection, which had beaten the child to death, is a national tragedy.  As a father, I am deeply shocked and ashamed that this has happened in Sri Lanka. There should be no room for such things. I believe that the relevant Ministry and the Government must act, and ensure such incidents do not happen again.” Tennakoon opined.

Let us hope that his words are given an ear, and that his request for action is heeded by the senior policymaker in the Government and Opposition. Because, it seems that the words and cries of our children have been falling on deaf ears so far. We all have a duty of care when it comes to children, the elderly and the vulnerable. Please do your bit. 



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