This incident is linked to various grave offences such as employing an under-aged child, being forced to discontinue education and sexual exploitation.

Fair trial and justice to Ishalini, hopefully, will put an end to the abuses and exploitations of many Ishalinies

A collective of children, women and civil rights organisations, including Women’s Action Network, Law and Human Right Centre-Jaffna, International Centre for Ethnic Studies, National Peace Council, National Fisheries Solidarity Movement, Law and Society Trust and Centre for Gender Equality has strongly spoken out against child labour, trafficking and sexual exploitation, especially following the recent tragic death of Jude Kumar Ishalini of Diyagama in Hatton. The collective which represents different ethnic groups and various areas in Sri Lanka issued the following statement;

On Friday July 3, 2021, Jude Kumar Ishalini of Diyagama Estate, off Talawakelle, an under-aged girl who was working as a domestic aide at former Minister and present Parliamentarian Rishad Bathiudeen’s residence was admitted to the Colombo National Hospital with severe burn injuries and subsequently succumbed to her injuries on July15 while receiving treatment at Ward No. 73 of the Intensive Care Unit 2.  

Thereafter, according to her Case No. B/52944/2/21, the Colombo Additional Magistrate Rajindra Suriya visited the Colombo National Hospital to inspect the body of the deceased girl and ordered a post-mortem. It has been reported in the media that she has been sexually abused for quite some time.  

Ishalini was born in Diyagama, off Talawakelle on December 11, 2004 and was barely 15 years and 11 months old when she was brought to work as a domestic aide at the residence of MP Rishad Bathiudeen. At the time of her death, Ishalini was only 16 years and 8 months old. While being employed, she was only allowed to communicate with her family a few times over the phone, but was denied visits to her family. She died without seeing her family members for nearly a year.  

Under the government’s directive, education is mandatory for every child in Sri Lanka until the child reaches the age of 16. There are officials attached to each Divisional Secretariats such as child probation officer, child protection officer and women development officer etc. and their responsibility is to ensure the children are attending school and do not drop out before the age of 16. These officers are mandated to work within the community to protect children like Ishalini and help them to continue their educational activities. If there are dropouts, they must work with the families and community to ensure that they go back to school. Hence, this case also sheds light on another dark side of the systemic failure of protecting and promoting child rights in this country.

It is not new that up-country children are being used as forced labour in this country, especially in the cities for decades. Rarely this cruelty has been brought to light. Further, women’s groups have observed an increasing trend of not only under-aged girls being sold as domestic labour, but also being sexually abused and treated inhumanly during this pandemic period.  

According to employing Women, Young Persons, and Children Act (No. 47 of 1956) of Sri Lanka, children aged between 16 and 18, can be employed for a common good. But before so employing children between the age of 16 and 18, the Labour Commissioner should be informed of the reason. Further, the law says that no one can employ a child in such a manner as to prevent the child from attending school. 

Therefore, Ishalini’s employment as a domestic aide is improper as her education has been deprived of. Furthermore, the post-mortem report states that the victim has been sexually abused for a considerable period of time. In terms of the Penal Code, sexual exploitation is an offence and sexual harassment at the workplace is a punishable crime too.  

This incident is linked to various grave offences such as employing an under-aged child, being forced to discontinue education and sexual exploitation. Hence extensive and impartial investigations should be carried out in connection with the death and other related rights violations and perpetrators brought before the law.  Fair trial and justice to Ishalini, hopefully, will put an end to the abuses and exploitations of many Ishalinies.  

Presently, the Corona pandemic situation has caused numerous economic hardships to people including loss of livelihoods to many. As a result, there is visible and phenomenal increase in domestic violence, sexual abuse and more generally violence against women and children. In the Batticaloa district alone in the past six months, 14 child sexual abuse cases and 63 incidents of violence against children have been recorded. 

In July, to date, media have reported a total of five cases of violence against children, including the instant case of Ishalini. They are: 

1.The horrific crime of online trafficking of a 15-year-old girl.
2.A 16-year-old girl employed as a domestic aide at the residence of a representative of the legislative body succumbs to burn injuries. 
3.Two sisters aged 12 and 14 were sexually abused by their father aged 36.
4.A 13-year-old girl child from Nawalapitiya was sexually abused by her father and many others since she was seven years of age. 
5.In Gampaha, a monk (head of a Buddhist temple) and four men have been arrested for sexually abusing a 13-year-old girl.    

These are the reported cases and possibly a tip of an iceberg of an endemic that is overshadowed by Covid -19 in this country.  The Child Protection Authority and the structure of the Women and Children’s Welfare Police Division must work impartially and fearlessly to ensure justice in terms of complaints received about child abuse and exploitation. This must be stressed as none of the above structures was able to carry out their duties in an effective and efficient manner, despite the escalating violence against children during the period when travel restrictions are in force.

As women’s rights activists, we made several attempts, but the said structures failed to respond effectively. Therefore, it is apparent that the ineffectiveness of these structures has also contributed significantly to the continuation of grave violence against children. We hope, at least after the publicity Ishalini’s tragic death has garnered, these structures would wake up and discharge their duties effectively to ensure justice for the victims. In addition, the subject Minister G.L. Peiris and the Minister of Justice Ali Sabry who is continually discussing reforms to the legal system should consider introducing changes to the laws concerning child rights to be more effective.  

An effective mechanism should be developed within the legal framework to inquire about cases involving children and to establish procedures to ensure the sentencing of offenders expeditiously. Officers who neglect their duties must also be brought to book. 

A strong victim and witness protection mechanism should be installed in every district. But most importantly implementation of an expedited process must ensure justice without delay whilst guarding the dignity of the victim throughout. This would be the only way forward to guarantee a reduction in incidents of child abuse and violence against children in Sri Lanka.