Page 102 - KDU Law Journal Volume 4 Issue 2

KDU Law Journal Volume 04 Issue II
September, 2024
In Sri Lanka, it is well-known that the use of CP may be considered
a breach of Article 11 of the Constitution. The case of Bandara Vs.
Wickremasinghe supports this view, even though it was decided
16
before the amendments to the penal code that made CP a crime
and recognized the impact of mental trauma in 2006. The Supreme
Court in this case held that if teachers and administrators used
excessive force to maintain discipline, it could be considered as
cruel and degrading treatment. Kulatunga J held the opinion in the
Bandara v. Wickramasinghe case that;

“discipline of students is a matter within the purview of School
teachers. It would follow that whenever they purport to maintain
discipline, they act under the colour of office. If in doing so they
exceed their power, they may become liable for infringement of
fundamental rights by Executive or Administrative action.”

Additionally, according to Justice Kulatunga’s perspective;

“this court must by granting appropriate relief reassure the Petitioner
that the humiliation inflicted on him has been removed and his dignity
is restored. That would in some way guarantee his future mental
health which is vital to his advancement in life.”

Further, it is crucial for the well-being and healthy development of
the child that they feel that their dignity is acknowledged by the legal
system. This decision, therefore, is important in affirming the child’s
fundamental dignity and promoting their respect for themselves and
others.

Conclusion and Recommendations
Children are a valuable asset to a nation and should be treated
with love and care, not cruelty. Using CP to discipline a child is

16 Bandara v Wickremasinghe (1995) 2 SLR 167 https://www.lawnet.gov.lk/wp-content/
uploads/2016/11/034-SLLR-SLLR-1995-2-BANDARA-V.-WICKRAMASINGHE.pdf
accessed 1 April 2023.
law.faculty@kdu.ac.lk
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