HUMAN RIGHT COMMISSION OF SRI LANKA - Annual report 2020
Commission found that the teacher and principal in question have acted in
violation of circular No. 12/2016 which prohibits corporal punishment
being inflicted on students even for disciplinary purposes and concluded
that Articles 11 and 12(1) of the Constitution had been violated. The
Commission noted that teachers are loco-parents of their students and
should conduct themselves as stipulated by Circular No. 37/2012. The
Commission recommended disciplinary action be taken against the 1st and
2nd respondents by the Ministry of Education and further recommended the
Secretary to the Ministry to take necessary action to raise awareness among
school principals and teachers on the content of the above circulars. It was
also recommended that as the Circular No.12/2016 only takes physical
punishment into consideration, measures should be taken by the Ministry of
Education to include punishments affecting the mental well-being of the
students in the said procedure stipulated by the circular.
Arbitrary Arrest of a person without a proper investigation
(Complaint No. HRC/AP/220/14)
In this case, the Commission concluded that the Fundamental Rights of the
petitioner guaranteed under Articles 12(1) and 13 of the Constitution were
violated by the Anuradhapura Police when he was arrested without
conducting a proper investigation for the possession of Cannabis with the
intention to sell. The respondents contended that the arrest was made after
finding Cannabis in the Trishaw of the victim upon searching it pursuant to
information received from a private informant of the police. The victim
claimed that the Cannabis found by the police was planted by a decoy of the
said private informant with the intention of framing the victim. Two eyewitnesses testified to having witnessed a third party (who had later been
identified as the decoy) place an object in the victim’s Trishaw on the day of
the arrest while the victim had gone in search of a traffic police officer to
report the same third party who had allegedly harassed him asking to
purchase drugs. The Commission noted that despite receiving statements
regarding the irregularities surrounding the arrest in question from other
police officers involved in the raid (such as the traffic police officer at the
scene), the 6th respondent, the Headquarters Inspector (HQI), had filed
charges against the victim in the Magistrate’s Court without investigating the
matter further. The said charges have been withdrawn by the police
subsequently as it had come to light that the said complaint had been made
53