Legal aid Commission

Child Protection Society of Ceylon - 82nd anniversary:

Juvenile justice system in Sri Lanka

Computer Centre run by the Child Protection Society at Rukmalgama	Australian High Commissioner Kathy Klugman presenting an award at a cricket match
A winner of a Child Protection Society Art Exhibition	Tree Planting at CPS, Rukmalgama
Ranjith Wijewardene Addressing the 81st AGM	British High Commissioner Dr Peter Hayes during a visit to the Child Protection Society

Sri Lanka 's juvenile justice system is one of world's earliest and Asia's first. The British colonial Government gave patronage to the Child Protection Society formed in 1928 by British philanthropist Sir John Pansons.

The British Parliament in a series of reports in early 1930 recognized the valuable child protection service rendered by the Child Protection Society under the Governor's patronage creating child rights awareness in the island and maintaining two Children's Homes for boys and Girls observing the latest child protection principles. This is over 20 years before the United Nations even took the minimal steps to establish an agency to protect child rights, UNICEF.

Sri Lanka is also the first Asian colony to enact a comprehensive Child Protection Ordinance in 1938. This Law is still the Magna Cartar of child protection in Sri Lanka even after 72 years. The subsequent child protection legislation - i.e. the Adoption Ordinance or late subscription to United Nations sponsored child right convention while influencing protected status of child have not comparatively contributed to enable the continuing need for child protection.

Magistrate's Courts are entrusted with the protection of children and dealing with issues of juvenile justice. All Magistrate's Courts in the country have jurisdiction to deal with juvenile cases. The Magistrate's Court at Bambalapitiya now re-located in Battaramulla in a spacious building is still the only court which is exclusively devoted to dispense protective and corrective justice. The structure of only Juvenile Court in Colombo is child friendly with play rooms, child courtesy centers. I was informed during a recent visit that video evidence facilities which is an integral part of modern juvenile justice in many enlightened countries will be soon installed. Video evidence protect vulnerable children from formal inquiry atmosphere had been very successfully adopted in the Philippines Juvenile Courts.

The Government Institutions devoted to child protection which appear to have received new leadership should be further supported by way of training and resources. Soon after a cruel longstanding internal war where the children were the frontline victims, child rehabilitation and protection should seek both national and international cooperation far above the present levels.

SS Wijeratne

The Child Protection Society which celebrates its 82nd anniversary has conducted many programs for the welfare of children. Countrywide projects such as tree planting campaigns have been

conducted over the years

Objectives of Child Protection Society

(1) To prevent cruelty to Children.

(2) To prevent neglect of Children.

(3) To prevent the exploitation of Child Labour.

(4) To rescue Children from immoral surroundings and to shield them from immoral contamination.

(5) To Secure Suitable new guardians for Children who have been deprived of their natural guardians or who should be removed from them in the interest of humanity.

(6) To stimulate public opinion and to make the community increasingly sensitive to forms of abuse that exist, but of which the evil results are not fully appreciated.

(7) To assist in the enforcement of the laws affecting Children.

(8) To secure fair and equitable administration of justice as regards the rights of Children and enforcement of the laws affecting them.

(9) To watch all projected legislation in any way bearing on the interests of Children and to secure as far as practicable that the principles involved therein shall be fair and equitable alike to Children and the Public.

(10) To point out to Government any deficiencies in the existing legislation affecting Children, which may come to the notice of the Society.

Juvenile justice legislation and orphan care

This segment of the report deals with some of the principal enactments for the protection of children without parental care. More specifically it focuses on : Children and Young Persons Ordinance, Orphanages Ordinance and Penal Code provisions.

Juvenile Justice

Juvenile Justice is the law that states how a Court should deal with children when they appear before it, whether as an offender or as a victim of crime. Juvenile Justice is administered through Juvenile Courts. If a Juvenile Court is not available, a Magistrates' Court will function as a Juvenile Court when children appear before it. Any child who is in need of care or protection can be taken before a Magistrate sitting as a Juvenile Court Judge to decide on the steps to be taken to ensure that the child is cared for or protected, the different enactments dealing with juvenile justice are presented in the sequel.

Children and Young Persons Ordinance 1939 (as amended)

The main objectives of the Ordinance as stated in the preamble are the establishment of Juvenile Courts supervision of juvenile offenders, protection of children and young persons and realization of other related purposes. In all contexts, the Court will give primary consideration to the welfare of the child.

According to the Ordinance, a child or young person is considered to be in need of care and protection if he or she is found in the following circumstances.

(a) The child or young person has no parent or guardian ; or has a parent/guardian who is unfit to exercise care and guardianship; or the child/ young person is not receiving proper parental/ guardian care;or the child /young person is either falling into bad association or exposed to moral danger , or beyond control.

(b) The child or young person who:

(1) being a person against whom any of the offenses mentioned in the First Schedule to the Ordinance has been committed or

(2) being a member of the same household as a child or young person against whom such an offence has been committed; or

(3) being a member of the same household as a person who has been convicted of such an offence in respect of a child or young person; or

(4) being a female member of a household whereof a member has committed an offence under section 17 of the Marriage Registration Ordinance against another female member of that household.

(c) The child is one against whom an offence has been committed under section 77 of the Children and Young Persons Ordinance.

Court Proceedings

Any officer of a local authority or any police officer or authorized person having reasonable grounds for believing that a child or young person is in need of care or protection may bring him/her before a Magistrate's Court sitting as a Juvenile Court.

The Court May

(a) order the child to be sent to an approved or certified school if the child has attained the age of 12 years , or

(b) commit him/her to the care of a fit person who is willing to undertake the care of him/her (An order made placing a child under the care of a fit person remains in force until the child becomes 16 years of age); or

(c) bind the child's parent or guardian to a legal obligation to exercise proper care or guardianship; or

(d) make an order placing the child under the supervision of a probation officer or some other person appointed for the purpose by the Court for a period not exceeding three years.

Supervisory duties of probation officers and fit persons

If the Court places the child or young person under the supervision by either

a probation officer or a fit person, the probation officer/fit person must:

(a) visit the child/young person or get reports from him or her at regular intervals;

(b) ascertain whether the conditions of the Court order are being observed;

(c) report to the Court on the child's/young person's behaviour;

(d) advise and assist the child/young person and when necessary find him a suitable Job;

(e) if it appears to be in the interest of the child or young person, the probation officer may bring him before a Magistrate's Court sitting as Juvenile Court which may, if it thinks that it is desirable in the interests of the child/young person, order him to be sent to an approved or certified school or commit him to the care of a fit person.

Questions related to children

Page compiled by Kalani A medagoda, AAL

Question: How do we establish Law Circles in our school?

Student, Balangoda

Answer: You have to first get together and form a society in your school. Thereafter you have to send a letter to the School Program Desk, Legal Aid Commission requesting for a Law Circle to be formed in your school. On receipt of your letter, one of our Legal Aid lawyers will guide you to form a law circle in your school. The main objective of forming law circles in schools is to create awareness among the school children regarding day to day law including humanitarian laws, such as Elders' Law, Consumer Protection Law, Disabled Law, Domestic Violence Law, etc. The address is given below.

Children's Desk, Legal Aid Commission, No. 129, High court complex, Colombo 12.

Question: What are the worst forms of child labour prohibited in Sri Lanka?

Chamara, Mahara

Answer: The Penal Code No.2 of 1883 (the Penal Code) and its amendments deals with the worst forms of child labour in Sri Lanka.

The following types of worst forms of child labour are prohibited in Sri Lanka:

* Employing a child to appear or perform in any obscene or indecent exhibition or show, photograph or film;

* Causing or procuring a child to beg;

* Hiring or employing children to traffic in restricted articles;

* Sexual exploitation of children;

* Debt bondage;

* Serfdom;

* Forced or compulsory labour;

* Slavery ; and

* Engaging or recruiting a child for use in armed conflict.

Question: What is child trafficking?

Nimalka, Kalutara

Answer: Child trafficking is prohibited under the Penal Code in Sri Lanka.

Child trafficking means:

* Any act of buying, selling, or bartering of a child for money or any other consideration;

* Arranging for or assisting a child to travel to a foreign country without the consent of his or her parents or lawful guardians;

* Obtaining the signed consent (i.e.affidavit) from a pregnant woman for money or any other consideration for the adoption of the unborn child of such woman;

* Engaging in procuring a child from hospitals, clinics, day care centres, nurseries, shelters for women, welfare centers or any other child care institutions for money or any other consideration: and/or

* Getting a child from any such institution or centre by intimidation of the mother of the child or the lawful guardian or the person in charge of such institution or centre.

Question: Please let me know whether it is an offence to publish the name of the child who is a victim in relation to rape or sexual harassment cases?

Chamika, Kalutara

Answer: Yes, under the Penal Code it is an offence to publish any matters relating to sexual harassment (Sec. 345), procuration (360A) sexual exploitation on children(360B), rape (363),Incest (364A), unnatural offences (365A) and grave sexual abuse (365B)

Under the Penal Code Section 365(c) state that whoever prints or publishes, the name or any other matter which may make know the identity of any person against whom an offence under Section 345 or Section 360 A or Section 360 B or Section 363 or Section 364A or Section 365 or section 365A or Section 365 B is alleged or found to have been committed (hereinafter in this Section referred to as "the victim shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both.

(2) Nothing in subsection (1) shall apply to the printing or publication of the name, or any matter which may make known the identity, of the victim, if such printing or publication is

(a) by or under the order of the officer-in-charge of the police station or the police officer, making investigation into such offence, acting in good faith for the purpose of such investigation or

(b) by or with the authorization in writing of the victim; or

(c) by or with the authorization in writing of the next of kin of the victim where the victim is dead or parent or the guardian of the victim , where the victim is a minor or is of unsound mind;

Provided no such authorization shall be given by such next of kin to any person other than to the Chairman, Secretary or Manager, how to ever described, of any welfare institution or organization recognized by the state.

(3) Whoever prints or publishes any matter relation to any proceedings in any court with respect to an offence referred to in subsection(1), without the previous permission of such court, shall be punished with imprisonment of either description for a term which may extend to two years or with fine or with both. But the printing of a judgment of the Court of Appeal of the Supreme Court does not amount to an offence within the meaning of this section.

Question: Kindly let me know how we could register for the Samaka Diriya Pension Scheme for children with disabilities.

Chanuka, Kandy

Answer: You have to write a letter to the Director, Sri Lanka Social Security Board, LHP Building, 1st Floor, Nawala Road, Nugegoda attaching thereto a photocopy of the Birth Certificate/Identity Card of the disabled child.

For any further assistance you can visit the Legal Aid Commission, Disabled Unit at No. 129, Hulftsdorp Street, High Court Complex, Colombo 12.

Question: Please inform me how to alter my eldest son's surname and his father's details in the Birth Certificate according to my second marriage husband's details.

Ridma, Katugastota

Answer: The father's details in your child's Birth Certificate cannot be altered. Only the child's surname inherited from the first father can be substituted with the surname of the second father in cage 13 under Sec. 27A.

Please contact the Registrar of the Birth/Deaths at the Divisional Secretariat Office where your child's Birth Certificate is registered. If you need further advice you can contact

 Legal Aid Commission No129, High Court Complex Colombo 12.