A fundamental rights petition was filed in the Supreme Court against the Makola Boys’ School for the continued child abuse that is allegedly taking place there.
The petitioner, Foundation for Law and Justice cited G.P.D. Somaratne, Commissioner of the Department of Probation and Childcare Services, Western Province, W.C.Priyangani, Probation Officer, Kalutara Probation Office, Shiva Shivaneswaran Shivalingam of the Boys’ Remand Home Makola, Anoma Dissanayake, Chairperson, National Child Protection Authority and the Attorney General as respondents.
The petitioner said its officers conducted a program to investigate the well being of the detainee children in the Makola Boys’ Remand Home, Makola Boys’ Certified School and the Ranmuthugala Certified School. While interviewing a few children they came across three children who stated that they had undergone abuse at the Don Bosco Boys’ Home at Maggona.
Consequently a complaint was lodged with the first respondent. The petitioner states that the children were forced to work at the piggery depriving them of food and water. He said that on false charges framed by the administration the children were handed over to the Payagala police after being assaulted.
The petitioner states the 1st and 2nd respondents were in connivance with the Don Bosco Home and had failed to exercise their duties to protect the fundamental rights of the children.
Whilst the petitioner was awaiting a response the 1st respondent had made a complaint to the police that the 3rd respondent Shiva had escaped from the home. The petitioner said that the 1st and 2nd respondents were responsible for obtaining a three year certified school order to detain Shiva at the Makola Boys’ Certified School. The 1st and 2nd respondents had brought misery to the 3rd respondent Shiva after depriving him of his biological mother due to the ruthless, vicious, inhuman and degrading actions of the probation officers.
The petitioner fears for the safety and protection of the 3rd respondent Shiva since he is in the custody of the first respondent, without access to lawyers.
The petitioner said that after several applications were made to the Colombo Magistrate’s Court on behalf of the aggrieved children the Court directed that a committee be formed to look into the activities that are happening in the homes and to come out with a constructive plan.
The petitioner claims that even after the Court ordered the 1st respondent Mr. Somaratne, he had refused permission to grant access to lawyers to meet the affected children and therefore had violated their fundamental rights under the Constitution. |
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