• Human resource shortages at NCPA preventing effective action

Even as the Government plans to amend the Penal Code to ban all forms of corporal punishment, the National Child Protection Authority (NCPA) has highlighted that a number of procedural and cultural barriers prevent the creation of a society with zero tolerance for violence against children. 

Speaking to The Sunday Morning, Attorney-at-Law and NCPA Director – Law Enforcement Sajeewani Abeykoon said plans were afoot to amend Section 308A of the Penal Code. The existing provisions criminalise cruelty against children – assault, ill-treatment, neglect, and abandonment of children causing them suffering or injury to health.

“The NCPA appointed an expert committee a few years ago to expand the law on corporal punishment. The previous Government gave Cabinet approval for a new law. The new Government has also stated its intentions to do so and the Justice Ministry has informed us that it will be an amendment to the existing provisions in the Penal Code. The amendment aims to tackle the challenges that arise when we implement the law against corporal punishment,” said Abeykoon.

Barriers for implementation 

Abeykoon highlighted the number of legal provisions in place to prevent corporal punishment, including Section 308A of the Penal Code, Sections 310 to 314, and the Prevention of Domestic Violence Act. Yet, a number of challenges prevent the authorities from effectively implementing these laws. 

For instance, the implementation of Section 308A is difficult as the provision includes the word ‘wilfully’ when harming a child. “Here, some may interpret that a teacher does not wilfully hit a child,” said Abeykoon. 

Another significant challenge faced by the authorities is the lack of willingness by victims to pursue legal proceedings. 

Abeykoon highlighted that the process – undergoing medical examinations, obtaining a Judicial Medical Officer (JMO) certificate, and taking the witness stand (to name a few of the steps) – was often “unfriendly” towards children, taking time away from key moments of their childhood including sitting for exams. 

In other instances, abuse, especially against children, was “culturally justified,” noted Abeykoon. 

“Common sayings in our society to justify abuse include that a parent or teacher hits you for your own good. Children may get further victimised by society for speaking up against adults. Culturally, abuse is justified, especially against children by parents and teachers. This is a huge problem for us when we try to reach zero tolerance for violence against children,” she added. 

Recently, a video went viral on social media capturing a tuition teacher using corporal punishment against children. Although the NCPA has initiated legal action against the teacher, Abeykoon noted the reluctance of the children to come forward about the matter. She added that children may also not be aware that they were being abused. 

NCPA facing a 50% human resource shortage

Abeykoon further commented on the issues faced by the NCPA when attempting to effectively conduct investigations of child abuse. This includes a 50% shortage of human resources, an issue particularly felt in the Investigations Unit of the authority. 

“We only have 38 officers in the Special Police Investigations Unit. Those 38 cannot handle so many investigations annually. We also have the Monitoring Unit to assess whether other authorities, such as the Police, are conducting proper investigations into child abuse cases. However, there is a lack of civil officers to undertake monitoring. We check why arrests are not taking place and whether children are being treated properly during legal proceedings,” she said. 

The authority has been finding it difficult to retain employees in roles with more responsibilities and less salaries, according to Abeykoon. 

“Ideally, we must develop them into experts with skills development training. Although every Divisional Secretariat office needs an NCPA officer, capacity constraints prevent this, especially in rural areas,” she added. 

Cases over the years 

Statistics from the NCPA show that the authority receives on average 2,000 complaints annually under Section 308A. In total, the authority receives about 10,000 complaints annually of varying degrees of child abuse and harm. 

Speaking in Parliament on Saturday (8), Justice and National Integration Minister Harshana Nanayakkara said the Justice Ministry would take steps to expedite passing a law to ban corporal punishment by presenting a relevant bill to Parliament soon. 

“Corporal punishment has a huge impact on the development of a child, as shown by both scientific and other evidence. Physical and mental harm causes harm to the development of a child’s brain and may cause lifelong mental health complications. 

“Children may stop coming to school or drop out of school permanently due to it. It causes long-term harm to the self-respect and confidence of a child. Children who face violence grow up thinking violence will solve problems, creating a cyclical issue,” said Nanayakkara. 

He pointed to the Children and Young Persons Ordinance, which has provisions about juvenile offenders, highlighting that even that law did not aim to punish offenders but to supervise them instead. 

“Even in our justice system, we want to supervise and rehabilitate children, not punish them. It’s easy to fix a broken child but not a broken adult. A broken adult will cost a lot to society,” he said. 

Attempts by The Sunday Morning to reach the Secretary to the Ministry of Women and Child Affairs, Women’s Bureau of Sri Lanka, and National Committee on Women proved futile.