The Hon. (Mrs.) Hiruni Wijesinghe, Attorney-at-Law

¶ 01 Hon. Deputy Chairperson of Committees, since Sri Lanka ratified the UN Convention on the Rights of the Child in 1991, we are bound to protect the rights of our children. As a result, we must strengthen our legal system. Article 19 of the UNCRC states that all children, whether under their parents, a guardian, or any lawful care, must not be subjected to humiliation, abuse, or violence. Therefore in 1995, amendments were introduced to the Penal Code — including sections 286, 308, 360, 364 — to strengthen child protection.

¶ 02 From this morning, our Government side, including the Hon. Minister, made it clear that despite many laws, violations of children’s rights continue. The best thing we can do is to pass this Bill today. For decades of conflict, many children became orphans and victims of abuse.

¶ 03 In districts like Puttalam which I represent, due to the economic crisis and social conditions, parents left children with grandparents, aunts, or uncles to go abroad. Because of that, many children were subjected to abuse, violence, and punishment. Moreover, prior political and social environments built criminal states, nourished by narcotics, where power was constructed on the backs of children. If not for the National People’s Power Government’s actions, what future would children have had? It was a fearful future.

¶ 04 Everyone fears punishment, and death. When warrants are issued on adults, they hide or go abroad for weeks due to fear of punishment. If adults fear punishment so much, how fearful are children? That is why we debate this Bill to prohibit all punishments inflicted upon children. In Sri Lankan culture there is a saying about an “undipped curd stew,” implying children were raised with blows. All 225 of us must have been hit by mother, father, or teachers in childhood. Usually by 18 or 20 that ends. In such a society and culture, this Government has come to break those limits and protect child and women’s rights.

¶ 05 After 1995, only now in 2025 — after 30 years — these amendments are brought. Since morning, Section 308A has been debated. Under 308A, physical punishment on children is addressed. Due to time, I will not elaborate fully.

¶ 06 In Section 308A it is stated, “…with knowledge that it would cause humiliation, any non-physical wrongful act…” Our law — under precedent and Supreme Court judgments — as Hon. Kaushalya Ariyaratne noted, has defined “humiliation” extensively. Anyone can interpret “humiliation,” but some in the Opposition do not understand this. Moreover, under the Illustrations in the Bill it is clearly stated what “humiliation” means. Those who do not understand can learn through these Illustrations. For example, it is humiliation if a principal, believing a child stole another’s item, calls the child before the assembly and addresses him as a “thief.”

¶ 07 Another example: due to social conditions, in some villages children are stigmatized in school as thieves though they are not involved; families in that village may live by thefts and crimes. The child is branded and humiliated. Children must be protected from such humiliation. Therefore this is a salutary provision. Thank you for the time.