Page 101 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
The circular acknowledges that teachers have a duty and responsibility
towards children similar to that of parents, known as loco parentis. As
such, teachers have a responsibility to ensure the safety, education,
and overall well-being of children. The circular also cites medical
officers, psychologists, and humanitarians who have defined CP as
physical chastisement that causes pain. They have further noted that
such punishment could have a negative impact on the learning process
of students, increase their tendency to exhibit anti-social behavior,
and cause severe distress. As there is minimal evidence to support
the effectiveness of CP in shaping student behavior, the practice is
considered useless.
Furthermore, the circular lists various negative outcomes associated
with CP in paragraph 2.2.1, as revealed through multiple studies.
According to the circular, it is required for a school to establish a Board
of Discipline and the guidelines for its formation are specified. The
circular’s section 2.3 outlines the responsibilities of the Disciplinary
Board while section 2.4 specifies the consequences and potential legal
actions against teachers who use punishment on students, even if the
intention was to enforce discipline. In Section 2.3.2, alternative forms of
discipline are presented as substitutes for CP. Additionally, Section 2.4
acknowledges that even when Corporal Punishment is used as a means
of discipline, it could potentially result in legal consequences. The
circular specifically acknowledges that the violation of Fundamental
Rights under Article 11 of Chapter III and Article 126 of Chapter XVI
of the Constitution of the Democratic Socialist Republic of Sri Lanka
15
may result in legal action. Moreover, it is stated that the breach of the
offense of Cruelty to Children and Young Persons as defined under
Section 3 of the Penal Code (Amendment) Act (No. 22 of 1995) and
Section 308A of the Penal Code, as previously mentioned, may result
in a potential legal action.

15 Constitution of the Democratic Socialist Republic of Sri Lanka 1978.
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