Sexual abuse of teacher: Ex-principal ordered to pay Rs.100,000

2 October 2016 10:53 pm Views - 14277

Supreme Court ordered a former Principal of Mahanama College, Colombo and a male teacher accused of continuous sexual abuse of a graduate music teacher, who complained against them for harassment, to personally pay her Rs 100,000 each.

Court rebuffed the contention of the State that the Petitioner teacher, by giving an interview to the media, made a mistake by acting contrary to the Establishment Code and took cognizance that the freedom of speech was essential for the proper functioning of the democratic process and that public opinion plays a crucial role in modern democracy and was of great importance.

Justice Anil Gooneratne concurred with Chief Justice K. Sripavan and Justice Upaly Abeyrathne

The aggrieved teacher, whose name was withheld on ethical grounds, cited the Education Ministry Secretary, Members of the Public Service Commission, the former Principal of Mahanama College Premalal Kumarasiri and another teacher T.T.Malegoda as well as the Attorney General as Respondents.

J.C.Weliamuna appeared for the petitioner. Chula Bandara appeared for the said Principal. The respondent teacher was absent and unrepresented.

The Court was of the view that sexual harassment or work place stress and strain occasioned by oppressive and burdensome conduct under the guise of executive office was an infringement of the fundamental rights of the music teacher.

The Court held that the regime of affirmative rights cannot be restricted or limited by the Provisions of Establishment Code. (S.S.Selvanayagam)