L.T.B. Dehideniya, J.

The Petitioners invoke the jurisdiction of this court alleging the infringement of Fundamental Rights guaranteed under the Article 12(1) of the Constitution by the Respondents.

The Petitioners are members of the School Development Society of Talawakelle Tamil Maha Vidyalaya and argues that they have a vested interest in the wellbeing of the school and the right to education of the students. The alleged infringement is based on the failure of the 1^st and 2^nd Respondents to build the new Auditorium of the school as agreed by them. The school was relocated as the land on which previous buildings of the school was situated was acquired for Upper Kothmale Hydro Power Project. The Respondents’ position is that the Petitioners have no legal standing to file the present application and the Learned President’s Counsel submits that when filing a legal action on behalf of a society by members of a society, it is necessary to satisfy the Court by proving that they have been authorised by the respective society to file such an action. It is further submitted that School Development Society cannot simply file an action without passing a resolution by the members of the society at an Executive Committee Meeting. However, The Respondents have not tendered any evidence or authorities to substantiate the above legal context A School Development Society consists of parents / guardians of the children of a School. It is clear that the parents have a fair right and a duty to stand for their children if an authority deprives the future wellbeing of the school children. In par with the said view, the legal standing of the School Development Society of Talawakelle Tamil Maha Vidyalaya can be discussed in a child rights perspective.

When considering the Sri Lanka’s legal position in protection of the rights of the child, Sri Lanka ratified the UN Convention on the Rights of the Child (CRC) on 12 July 1991. Even though the CRC has not been directly incorporated into national law, Sri Lanka has, however, expressed its view that many of the provisions of the CRC are in line with many of the current rights espoused by the 1978 Sri Lankan Constitution (Constitution). Following the ratification of the CRC, in 1992 Sri Lanka adopted the Children’s Charter with a view to ensuring the standards of the Convention. CRC sets a general obligation of preserving the interests of the child on the state authorities and the courts of law in all actions concerning children. Article 3 (1) of the CRC declares that, “In all actions concerning children, whether undertaken by public or private social welfare institutions, courts of law, administrative authorities or legislative bodies, the best interests of the child shall be a primary consideration.”

Furthermore, to give effect to its obligations under the International Covenant on Civil and Political Rights (ICCPR), the Sri Lankan Parliament passed the ICCPR Act No. 56 of 2007.

Section 5(2) of the Act states as follows:

“In all matters concerning children, whether undertaken by public or private social welfare institutions, courts, administrative authorities, or legislative bodies, the best interest of the child shall be of paramount importance.” (emphasis added)

Thus, the ICCPR Act codifies the internationally recognized principle of ‘securing the interests of the child shall be of paramount importance.’ Article 5(2) of the ICCPR Act can be identified as a similar provision to Article 3(1) of the CRC. In accordance with the aforesaid legal context, Sri Lanka being a state party to the CRC and adopting the Children’s Charter with a view to ensuring that standards of the Convention and further assuring the interests of the children by the ICCPR Act, it is noteworthy that, in the case of children who encounter the law, among other relevant factors, it is essential for Courts to acknowledge the interests of children to assure the protection of law the children deserve.

Moreover, under the Article 27(13) (directi