The Hon. (Prof.) Sena Nanayakkara

¶ 01 Hon. Deputy Speaker, we are discussing, within a very fruitful debate, a deep issue that often gets insufficient attention: protecting children from physical punishment and abuse. We live in the most advanced phase of human development—science, technology, education, and communication have leapt forward in the 21st century. Yet, some matters have grown more complex. This is one such issue; we must examine its social dimensions fairly and humanely.

¶ 02 We take up the Bill titled “An Act to amend the Penal Code (Section 308) consistent with the Constitution (19th Amendment, item 5).” An Opposition Member said this is not new—“It was passed 21 years ago.” True that it is not entirely new. But even if the proposition isn’t new, its social consequences are profound and alarming. For example, we recently heard of nearly 700 kg of narcotics found in Tangalle. Some try to normalize this as “not unusual,” but it is gravely consequential for society.

¶ 03 The UN Committee on the Rights of the Child, in its review of Sri Lanka, highlighted two findings: first, a steep increase in the number of children subjected to physical punishment and abuse; second, that such physical punishment and violence are normalized, not only in general society, but also in alternative care institutions, children’s homes, and schools.

¶ 04 Allow me to reference a case from decades ago in Germany—the Düsseldorf court heard the case of one William Go., who, from atop his seven-storey residence, opened automatic fire over nine seconds, killing 92 persons including his wife, domestic worker, and three children. In his allocution, he referenced extreme violence suffered in childhood. What seems like an isolated event can, in fact, unlock great social catastrophe. Curbing child violence and improper punishment is thus a critical objective of this Bill.

¶ 05 Our Minister of Women and Child Affairs quoted a poem describing how a child’s psyche is shaped. Consider the mental state of a child who, through no serious fault other than arriving late to school, is punished physically—how distorted can that psyche become? The demoralization and loss of aspiration that follow are grievous.

¶ 06 Children are the future. Shakespeare called the child “the father of man.” In the Buddhist tradition, “puttā visā manussānaṁ” recognizes children, boys and girls alike, as society’s treasure. A progressive society is sensitive to children and women. Where they are neglected, that society is primitive.

¶ 07 Lenin said: “The best for the children.” Our NPP Government embedded this sensitivity in its policy framework 12 months ago—e.g., not transporting children with prisoners; special attention to children with autism; and zero tolerance of child labour and trafficking.

¶ 08 A tragic disclosure at the recent Anuradhapura District Coordinating Committee: in a special-needs school, children were subject to sexual abuse. These horrors, along with global consensus and even cinema showing that “a good teacher can change any student,” affirm that violence must be banished from childrearing and schooling.

¶ 09 Amending Section 308 of the Penal Code to criminalize punishment—“where any person in charge of a child under eighteen years, as a measure of punishment or correction, however slight…”—is a forward-looking measure to protect the future of our children. I conclude by strongly supporting this progressive amendment.