Save children from child abusers

by Justice P.H.K. Kulatilaka

[Part 2]

One of the dominant factors responsible for this social menace is the breakdown of the family unit. The Sri Lankan family the older generation was so proud of was centred round the mother and father. Child is the symbol of a mother. She brings forth and brings up the child. When speaking of the Buddhist concept of 'loving kindness [Mettha]', it is described in the following terms, 'just as a mother would protect her only child'.

A father's position is associated with his culturally formed, anxiously defended identity as the strong and protective father figure, the provider and carer.

The ultimate thing that a husband and wife share is their children. They love them together. They bring them up and nurture them together. All these factors have bonded them together. It has been the foundation of the Sri Lankan society.

Broken homes

Studies have revealed that incidence of child rape and grave sexual abuse of children are more conspicuous in broken homes where marriages had broken down, or where mothers had gone abroad leaving the children with the fathers who got addicted to liquor and drugs. There had been instances where the depressed and dejected fathers had mercilessly preyed upon their own daughters, their flesh and blood.

High Court of Kalutara, the Republic vs. Ajantha, Case No.414 / 2012 is a case in point. The offender was the father of the child who was 12 years old. He had not only ravished his own daughter but also offered her to a stranger who was witnessing the incident. When the case was taken up for trial on July 10, 2012 he had pleaded guilty to the charge. The trial judge while observing that it was sad to see this type of brutal crimes happening in a Buddhist country sentenced him to a term of 20 years rigorous imprisonment. The stranger referred to above too had been indicted but he died in the prison.

A similar gruesome child rape case came up recently in the High Court of Ratnapura where the mother of the child was the abettor. The accused who was a married man was charged with committing rape and the victim's mother with aiding and abetting. They had pleaded guilty as charged and were amply punished by the High Court. A daily paper on November 26 reported it in the news item titled 'Mother helps married man to rape her daughter'.

Good parenting

A prompt soul searching by all citizens will generate a collective action to eliminate this curse fallen on our society. Emphasis on good parenting seems to offer an effective remedy.

Addressing a public gathering recently President Mahinda Rajapaksa has underscored the need for good parenting. He said, "you must know that it is the bounden duty of the parents to protect and look after their children. They must understand that it will be their children who are going to be the beneficiaries of all this development.". The President gave fatherly advice to the children as well when he said, 'Sons and daughters, remember your mother and father are your best friends. Listen to their good advice.' He highlighted the importance of family bonds to put the house in order.

The parents should remember that the daughter has the same rights as the son and that son cannot have preference over the daughter and they should not have different yardstick for the daughter. Discrimination in the house should be stopped.

Vicious circle

It is high time to focus attention on the attitudes and lifestyle of the slum dwellers and the plantation workers. They are a culture to themselves. It is common knowledge that child rape and grave sexual abuse of children are rampant among them. Albeit, the best excuse by the community and the police is that 'it is their way of life, why should we interfere with their privacy', thereby keeping alive the Pitcairn attitude.

These children live in insecure and disadvantaged environment and have disrupted and poorly functioning families resulting in their poor socialisation. Most of these slums and coolie lines are single roomed. Sex is open secret there. Majority of these dwellers belong to the low income group.

It is a vicious circle. Finding a solution is far more difficult than cleansing the Augean stables. It calls for a careful study. A mechanism such as citizens' committees may provide a remedy. A retired DSG in a recently published newspaper article has pointed out that this mechanism was successfully made use of in combating sexual abuse of beach boys by paedophiles in Negombo area.

Offenders lie in wait

Reckless, careless and irresponsible attitude towards their children by parents very often provide for an opening for the perpetrators to strike. Republic of Sri Lanka vs. Ekmon alias Harak Balana Mama, H.C Kalutara Case No. 258 / 11 is a case in point. The crime date was December 6, 2006. The victim was six years old, year 2 student. The accused was 50 years of age, a father of two children. His occupation was looking after cattle.

On the crime date the child's father was not at home. Mother was ill. Child had to go to school alone. It was a lonely road. The crime doer lay in wait knowing that it was too good an opportunity to pass up. On her way back home he pounced on her, dragged her to a thicket close by and ravished her. The accused was found guilty and the trial judge imposed 20 years jail term which was the maximum sentence and awarded Rs. 700,000.00 as compensation with default terms.

To be continued