KARUNAPALA AND OTHERS

VS.

SIRIWARDHANA AND OTHERS

SUPREME COURT
DE ABREW, J.
FERNANDO, J.
THURAIRAJA, J.
SC/FR/97/2017
SEPTEMBER 17, 2020

Fundamental rights-Article 11 of the Constitution-Cruel and degrading treatment-Slapping of a student (child) across the face by the teacher-Loss of hearing-Penal Code (Amendment) Act, Nos. 22 of 1995 and 16 of 2006, section 308A-Cruelty to children a punishable offence-United Nations Convention on the Rights of the Child, Articles 28, 37

The teacher in charge of discipline in Puhulwella Central College slapped a student of 15 years of age across the face for being seated on a culvert during school hours in breach of the principal's general warning to children against such conduct. Although the child was in severe discomfort soon after the incident, the school authorities failed to provide the child with any medical attention. Later the child was admitted to the Colombo National Hospital, where it was diagnosed that the child had suffered a "perforated ear drum" and "conductive hearing loss" in the left ear. A treatment plan was suggested inclusive of psychological counselling. The parents of the child fil