Corporal Punishment ‘Life-long lessons or life-long scars?

From Left to Right: Winner National Poetry Competition 2018 Haritha Pramodya, Sarvodaya President Dr. Vinya Ariyaratne, Faculty of Colombo Senior Lecturer in Psychiatry Dr Chathuri Suraweera, LEADS Manager advocacy Nayomi Silva, University of Colombo Emeritus Professor of Law and Former Vice Chancellor Prof Savithri Gunasekara, Shanthi Maargam Executive Director Kamani Jinadasa, Parent Lalith Senanayake, Stop Child Cruelty Chairperson Dr. Tush Wickramanayake, Winner National Poetry Competition 2018 Misha Miskin, Professor of Obstetrics and Gynaecology and Member UGC Prof Hemantha Senanayake, Hindu Women’s Society President Sivanandani Duraiswamy

In 1992 Sri Lanka was one of the first 150 countries which signed up for the zero-tolerance policy implemented by the UN Convention on the Rights of the Child (UNRC).

The Committee on the Rights of the Child in the General Comment No. 8 defines ‘corporal’ or ‘physical’ punishment as,“any punishment in which physical force is used and intended to cause some degree of pain or discomfort, however light. Most involves hitting (‘smacking’, ‘slapping’, ‘spanking’) children, with the hand or with an implement. In addition, there are other non-physical forms of punishment that are also cruel and degrading and thus incompatible with the Convention. These include, for example, punishment which belittles, humiliates, denigrates, scapegoats, threatens, scares or ridicules the child.”

• The End Corporal Punishment 2020 Campaign aims to bust certain misconceptions that have veiled the true atrocity that this action really is
• A child who suffers physical abuse at the hands of his/ her parents relives this treatment at school by the violent authortarian roles played by principals, teachers and even prefects
• In 2005 the punishment of whipping and the sentence of imprisonment were prohibited

These are some of the views expressed by the Chairperson of Stop Child Cruelty Dr. Tush Wickramanayake regarding corporal punishment. 

At present 194 countries have signed up for this convention.

134 countries have banned it in schools and 54 countries, including Nepal, have banned it too. We Sri Lanka are now sadly a minority and were issued a red Alert in February 2018. 

The End Corporal Punishment 2020 Campaign aims to bust certain misconceptions that have veiled the true atrocity that this action really is. Most importantly it must be highlighted that in no context is a child ever beaten out of love. It is rather a display of frustration and anger, or quite simply evidence of an unstable mental state. 

According to the UNICEF, 73.4% of children aged one to fourteen in Sri Lanka are victims of this offence domestically. 

These alarming statistics are a result of the normalisation of this ‘disciplinary mechanism.’ A child who suffers physical abuse at the hands of his/ her parents relives this treatment at school by the violent authortarian roles played by principals, teachers and even prefects. The child soon starts to believe that treating another human being in this manner is acceptable. 

To put into perspective how ineffective the law is in the face of social issues such as this, Kamani Jinadasa referred to a study involving male perpetrators in Sri Lanka

Cycle of violence

No one resorts to violence unreasonably. Perpetrators are infected with the seed of savagery when they had either witnessed or felt such brutality in their own homes, by their own parents. Once an individual is immersed into the cycle of violence it escalates and multiplies.  

A study conducted in the US revealed that the majority of offenders associated with domestic violence were accused of gun violence and community violence later on.

Executive Director of Shanthi Maargam, Kamani Jinadasa, shared analyzed social effects of corporal punishment. 

“By subjecting children to violence, we raise the possibilities of males committing physical or sexual abuse when they’re older and females accepting such abuse as normal. Then their children are also absorbed into this cycle.”

A research done in 2013 involving 6 countries revealed that 27% of males had been subjected to sexual abuse. Sri Lanka topped this list. 

It further revealed that 38% males were victims of physical abuse, 50% of which had taken place in schools. 

44% suffered mental abuse. 

If brutal and negative upbringing is the root of violence, then these interconnected issues may all be mitigated by the objectives the ‘Progress for Real Change’ campaign strives to achieve. 

However as Dr. Wickramanayake put it, the road to achieving this is “a dual highway. On one side we must close the loopholes in the legal system. On the other side we must inform our children, parents and teachers about child protection.”

The road to achieving this is “a dual highway. On one side we must close the loopholes in the legal system. On the other side we must inform our children, parents and teachers about child protection

Dr Tush Wickramanayake

The failings in the legal system

To put into perspective how ineffective the law is in the face of social issues such as this, Kamani Jinadasa referred to a study involving male perpetrators in Sri Lanka which revealed that 97% of those offended had no action taken against them. Only a mere 3% faced legal action.

The anguish of parent Lalith Senanayake echoed this impossibility of finding legal relief for a child that has faced injustice. 

His child, who is currently undergoing psychiatric therapy, was unable to eat or sleep, was plagued with nightmares and was mentally affected by his experience at school. 

Remembering the brick walls he came up against, Senanayake expressed that, “No matter how elaborate our legal system may be, what is most dominant is personal viewpoint. We must therefore reverse this, and make the penal code the most powerful, especially within the police.” 

Emeritus Professor of Law and Former Vice Chancellor of University of Colombo Prof. Savithri Gunasekara shed some light on this legal aspect.

Our native culture, and any religion we practise here encourages sweet speech, compassion and understanding, she pointed out. The concept of legitimacy of beating children whether at home or school came through the British Colonial law in 1883. Whipping was then accepted as a legitimate sentence for offences. 

Guests at the event

In 1994, steps were taken to change these ideas. The convention on torture and human degradation came into being. In 2005 the punishment of whipping and the sentence of imprisonment were prohibited, but during the same 

time the concept of allowing punishment in the best interest of the child was an amendment made in the penal code. 

The problem therefore, is not a lack of laws. The problem is in its inadequacy, inconsistency and improper implementation. 

“We have to reform the basic penal code of the country to say that this is an offence,” she stressed.

She continued that we must not dismiss these laws on account of their inadequacy. The law plays a role in society and must be upheld regardless of its loopholes. 

On the subject of reformation, Nayomi Silva had much to say. “It is wrong to say that the laws of this country do not change. Of course they change, But only if they’re politically associated. Why do the laws related to the youth remain stagnant and outdated? Because they have no voting rights and therefore have no voice to gain importance with regard to their own issues. 

In this manner too, parents, teachers, the elders of the society are once again held responsible for ensuring that our children are protected. 

It is wrong to say that the laws of this country do not change. Of course they change, But only if they’re politically associated Why do the laws related to the youth remain stagnant and outdated? Because they have no voting rights and therefore have no voice to gain importance with regard to their own issues

Noyomi Silva

The failings of society

Many flaws in the education system of Sri Lanka have been highlighted as of late; one of them being its preference for quantity over quality. 

In the UK, a regulatory Ofsted report would measure a school’s academics, nutrition, child protection policies etc and award an overall score. 

Dr.Wickramanayake pointed out that in Sri Lanka the only criterion that guides parents in finding the right school for their children is how good the results produced are.

She laid out an example.

“There’s a big board at the entrance. It says ‘Welcome. We guarantee 9 A’s at the GCE O/L for your child, BUT we will be caning your child.’ How many of you will want to put your child into that school?”

Even though you might have been brought up the rough way, even though you may have had the scars of whips yourself, wouldn’t you hesitate?  No one wants his or her child to be hurt.

“We cannot measure how trivial or severe, how appropriate or inappropriate, it is completely unacceptable,” she highlighted. You can look back on your childhood and recall those moments of searing pain and uncontrollable tears. You remember the hurt, but do you remember the mistake you made? The lesson you learned?

By subjecting children to violence, we raise the possibilities of males committing physical or sexual abuse when they’re older and females accepting such abuse as normal 

Kamani Jinadasa

We have a culture in Sri Lanka where physical punishment is accepted on account of a few trivial advantages while a truckload of disadvantages are blaring in our faces.
Corporal punishments are quick solutions, effective silencers and easy responses to anger. 

On the flip side, we create pathological liars out of our children. We lose trust, respect and understanding. We teach them that the people who love you; beat you. We force them to fear us. We injure them. We fuel the cycle of violence by creating potential perpetrators. 

If violence is not the answer, then what is?

A child who simply cannot take no for an answer seems to be asking for a whipping -right?

A single teacher having to control a classroom of 30 to 40 proactive children seems impossible without extreme measures - right?

Wrong.  Life-long scars are not necessarily life-long lessons. 

Senior lecturer of Psychiatry at the University of Colombo Dr. Chathuri Suraweera introduced the concept of ‘positive disciplining.’

Rewards are a useful strategy. Star charts in classrooms that award good behaviour and black mark bad behaviour are a healthy correction technique.

Time-outs and strategic classroom seating arrangements are other examples of smart disciplining. 

A zero tolerance system as such may seem too ambitious, but it is far from impossible.

No matter how elaborate our legal system may be, what is most dominant is personal viewpoint. We must therefore reverse this, and make the penal code the most powerful, especially within the police

Lalith Senanayake

Principal of Horizon College Maryanne Hills described the positive reinforcement strategies implemented in the institution she serves.

 “We don’t hit. There is no corporal punishment of any nature. The children are not kept in corners, they don’t stand; they don’t kneel, none of that. We do a lot of counselling, all our teachers are trained.” 

Rev. Fr. Anton Ranjith, Vice rector of St. Joseph’s College, shared that in the incident of child being punished, the school follows the procedure of documenting the incident in writing and taking action. “We have instructed all our teachers not to punish our children.”  He expressed. “The more you hit, the more they react, you must show compassion instead,” he continued. Re-correction is not produced through brutality, mockery nor guilt-tripping. A teacher must never refer to a child’s past mistakes he explained. “We must always show our children that we are with them, not against them.”

The policies at Royal College, Colombo were no different. According to the principal B.A Abeyratne, “Motivational punishment has eliminated the need for corporal punishment. Not only is Corporal Punishment forbidden, it is also considered unproductive. We follow a procedure to make parents and teachers aware of the grave damages physical punishment may inflict on a child’s life.” He also mentioned that sports have been embraced as a healthy expulsion of excess strength and energy among students, which may otherwise be used in harmful ways. 

Rev. Fr. Dushantha Rodrigo, the Headmaster of S. Thomas’ Preparatory School expressed their approach to moulding children. “There’s a difference between naughty and bad. Corporal punishment is counter-productive and there is zero tolerance for it here.” He went on to say, “We believe that a child must have total freedom, but must be taught how to use that freedom responsibly. Shout and they won’t listen; speak and they will listen.” He stressed that it is not punishment, but correction that must take the forefront in a child’s education.

Whilst all schools may be guided to implement such systems, the most integral part of disciplining a child takes place at home. A home must translate to security and peace. Raise a child in the presence of love and understanding instead of pressurising expectations, alcohol-fuelled disputes and fear and he/she would be less likely to misbehave at school and suffer unjust punishments. 

The Stop Child Cruelty has formulated a Pentagon Proposal which unites the five stakeholders of the Presidential secretariat (government), Ministry of Education, Ministry of Child’s affairs, Law and order and justice in taking the necessary action against this conflict

Measures to change

The Stop Child Cruelty has formulated a Pentagon Proposal which unites the five stakeholders of the Presidential secretariat (government), Ministry of Education, Ministry of Child’s affairs, Law and order and justice in taking the necessary action against this conflict.

The campaign has already taken many steps in the direction of progress since last August. 

In discussion with the NCPA they plan to take this to Parliament and begin the necessary reformation legally and politically. 

A circular issued by the Minister of Education assuring all children that it is against the law to be beaten, is to be distributed to the schools.

Child protection officers are to be appointed in areas where children are present, keeping up with international standards.

Furthermore, every child is eligible to be protected, removing the exclusivity of the privilege in being available only to national schools. This will be done by regularising all schools in the country.

We must not dismiss these laws on account of their inadequacy. The law plays a role in society and must be upheld regardless of its loopholes. We have to reform the basic penal code of the country to say that this is an offence,”

Prof. Savithri Gunasekara