Page 100 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
to cause him suffering or injury to health (including injury to, or
loss of, sight at nearing, or limb or organ of the body or any mental
derangement ), commits the offence of cruelty to children.
(2) Whoever commits the offence of cruelty to children shall on
conviction be punished with imprisonment of either description for
a term not less than two years and not exceeding ten years and may
also be punished with fine and be ordered to pay compensation of
an amount determined by court to the person in respect of whom
the offence was committed for the injuries caused to such person.”

Additionally, the Penal Code (Amendment) Act, No. 16 of 2006
included the subsequent clarification for the above-mentioned
section:

“Explanation: “injuries” includes psychological or mental trauma.”

Hence, the above-mentioned instances depict the changing approach
adopted by lawmakers during the 20 and 21 centuries, gradually
th
st
acknowledging the unlawfulness of physical punishment in 1995,
followed by acknowledging the mental distress linked with violence
in 2006. The prohibition of CP is a significant departure from the
approach taken by the primary legislation in 1883.

Furthermore, the Ministry of Education is aware of the use of
Corporal Punishment and takes action on the matter. Being
responsible for the education of all students in the country, especially
those in public schools, the Ministry of Education has issued several
circulars regarding the use of CP. The current circular that governs
the use of CP in schools is Circular number 12/2016, which was
released on 29.04.2016 and came into effect on 02.05.2016. This
circular supersedes the provisions of Circular No.17/2005, which
was previously in place for ensuring discipline in schools. The latest
circular contains similar content to the previous one, but with some
additional provisions regarding the Disciplinary Board of a school.
law.faculty@kdu.ac.lk
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