The Hon. (Mrs.) Chamindranee Kiriella, Attorney-at-Law

¶ 01 Hon. Presiding Member, thank you for the opportunity.

¶ 02 This Amendment Bill seeks to amend provisions of the Penal Code of 1833 relating to corporal punishment of children. First, let me state, as Sri Lankans and as parents, regardless of party, we oppose violence against our beloved children. As a party, including the Samagi Jana Balawegaya, the Opposition condemns violence against children and stands ready to take maximum measures, as set out in our policy. We appreciate the Government and Hon. Minister Savithri Paulraj for bringing this Bill; those of us speaking from the Opposition are pleased. We have no doubt it is a well-intentioned effort and we commend it.

¶ 03 In 2024, around 15,000 complaints of child abuse were recorded at the NCPA. By 31 August 2025, about 5,300 complaints had been reported; about 20% relate to cruel punishments inflicted on children. We welcome the Government’s attention.

¶ 04 Regarding the legal background, relevant amendments to the 1833 Penal Code concerning children were introduced in 1995, and again in 2006. While the law prohibits corporal punishment of children, it allowed parents, teachers, and those at child protection institutions to administer reasonable corporal punishment in good faith. The present Bill amends the principal law to state that if parents, teachers, guardians or even student prefects, in the name of discipline or correction, use physical force or commit a non-physical act causing humiliation, such conduct will constitute an offence—making all such persons liable to prosecution. That is the simple meaning of this amendment.

¶ 05 I, too, was caned on the hand in school for talking. Many Members here would have experienced minor corporal punishment. But society has changed; we have seen very cruel corporal punishments by some parents and in some schools. We believe this amendment addresses that. However, there are weaknesses—especially ambiguity about acts done “in good faith” by parents and teachers. As Hon. Ajith P. Perera noted, under the Bill an act that is non-physical but humiliating, if done by a parent or teacher, is also actionable—yet the Bill does not clearly define what amounts to a non-physical humiliating punishment. We ask the Minister of Justice as well to consider our concerns.

¶ 06 Our legal system suffers from delays. We also know the NCPA has around 40,000 pending complaints, of which only a small percentage are resolved. Sometimes, by the time a complaint is taken up, the child has grown up, married and had children. Similarly, when a complaint is made against a teacher, that teacher may face serious consequences under the Establishments Code, including loss of employment and social stigma. Alongside strengthening the law, we must make the system efficient. We should also provide training to teachers on positive, non-violent methods to develop children into good citizens.

¶ 07 As Hon. Ajith P. Perera proposed, we have submitted an amendment. We are happy this Bill is brought for our children, but it should be crafted with greater clarity, leaving no ambiguities.

¶ 08 Thank you, Hon. Presiding Member. I conclude.