The Hon. (Dr.) Namal Sudarshana - Deputy Minister of Women and Child Affairs

¶ 01 Hon. Presiding Member, thank you for the opportunity to speak during the debate on the Bill to amend the Penal Code (a law with 19 chapters), as these matters also relate to the Ministry of Women and Child Affairs.

¶ 02 As the Ministry of Women and Child Affairs, we are presently taking special interventions for children’s protection, care, development and nutrition, and in that context this amendment, which aims to strengthen the protection, care and rights of children, is timely.

¶ 03 On early childhood development, our Ministry is taking significant policy, legal and institutional measures. With Cabinet approval, we have established a multi-sectoral mechanism to prevent child abuse, are updating several regulations and bringing amendments; we are implementing programme “Artha” to provide livelihoods especially for institutionalized children, children under alternative care, and street children. We are also allocating funds to procure vehicles to ensure transport facilities for child victims to be brought to courts in all provinces. Further, to prevent nutritional deficiencies in pre-school children, we have increased the allocation for the school meal from Rs. 60 to Rs. 100. While such policies and decisions are being taken, we are today debating this Amendment Bill.

¶ 04 Let me briefly outline the normative framework. These amendments rest on one legal pillar, but they also have psychological, sociological and ethical dimensions. Legally, we all know of the Convention on the Rights of the Child adopted on 20 November 1989. Sri Lanka signed it on 26 January 1990 and ratified it on 12 July 1991. The Convention has 54 articles and is built on four general principles: non-discrimination; the best interests of the child; the right to life, survival and development; and respect for the views of the child. These four guide the Convention’s operation. I wish to draw attention particularly to Article 19(1), which is highly relevant to these amendments. It provides that States Parties shall take all appropriate legislative, administrative, social and educational measures to protect the child from all forms of physical or mental violence, injury or abuse, neglect or negligent treatment, maltreatment or exploitation, including sexual abuse, while in the care of parents or legal guardians or any other person who has the care of the child. That obligation—“all appropriate legislative, administrative, social and educational measures”—is central to Article 19(1).

¶ 05 Successive governments have taken steps over time. In November 2024, Sri Lanka also signed at Bogota the ministerial commitment to ending corporal punishment of children, creating a binding obligation to take measures to end all corporal punishment of children. Studies by the National Child Protection Authority (NCPA) indicate widespread abuse and rights violations across various sectors. Accordingly, a committee on abolition of corporal punishment was appointed, which submitted a report with 18 recommendations for implementation, particularly by the NCPA. Under the Sustainable Development Goals, target 16.2 commits to ending all forms of violence against children by 2030, to which we agreed in 2015. In this ethical and legal framework, we are now amending the law.

¶ 06 Other measures include repeal of section 71(6) of the 1939 Children and Young Persons Ordinance and the introduction of the Corporal Punishment (Repeal) Act No. 23 of 2005. We can discuss these as steps taken historically to end corporal punishment of children.

¶ 07 This is not limited to violence and abuse in schools—though that has drawn much attention in this Chamber—but extends to violence within homes by parents, and to difficulties faced by institutionalized children in various institutions, including some religious organizations; our Ministry regularly receives complaints and the media has exposed cases. Prior to this Bill, the Ministry of Education issued a circular to eliminate such issues and undue influence in schools, updating the 11 May 2005 circular with Circular 12/2016 on 29 April 2016. That circular explains potential adverse consequences to children from corporal punishment and sets out nine categories of risks; due to time constraints I will not elaborate, but the circular is clear on harms associated with corporal punishment.

¶ 08 It also requires the establishment of School Disciplinary Boards, specifies their composition, and recommends alternative measures to corporal punishment, listing appropriate alternatives. We believe no child should be subjected to violence at school; if discipline is needed, alternatives exist in that circular.

¶ 09 Hon. Presiding Member, one more point. World Children’s Day falls on 1 October. In conjunction, the Ministry of Women and Child Affairs has prepared a series of programmes. We have declared a National Children’s Week with Cabinet approval, from 25 September to 1 October, during which we will conduct various programmes. On 25 September, in collaboration with the Ministry of Education, we will conduct awareness for principals on protecting children’s rights—relevant to today’s debate topic. Further, on 26 September, with Sri Lanka Police, the NCPA and the National Transport Commission, we will implement a programme to inspect school transport vehicles. Throughout the week we will run programmes to ensure children’s rights, safety, nutrition, and overall wellbeing, culminating in the National World Children’s Day celebration at Temple Trees with the Hon. Prime Minister on 1 October. Thank you for the opportunity; I conclude.