Mother seeks SC remedy over child denied school over HIV rumour | Daily News

Mother seeks SC remedy over child denied school over HIV rumour


A mother residing in Kuliyapitiya yesterday filed a fundamental rights petition in the Supreme Court seeking Court's jurisdiction to ensure her child's fundamental rights over a false rumour that her child was HIV positive.

The petitioner complained that her child's school admission to grade one had callously been denied to all schools in the Kuliyapitiya zone due to false rumours.

The woman sought a declaration that her child is entitled to be forthwith admitted to Grade One in a government school within two miles of her residence.

The petitioner further sought a declaration directing the IGP to take steps to ensure that her child's right to a formal education and school attendance is not disrupted or obstructed or impeded by any person or persons and to conduct an investigation as to whether any one of the respondents are acting under duress or coercion or undue influence of any form or manner.

Through this petition, the petitioner cited Education Minister Akila Viraj Kariyawasam, Provincial Director of Education J.G.N.Thilakarathna, Zonal Director of Education A.S.K. Jayalath, the Principals of Bohandiya Primary School, Illukhena and Sripathi Royal College, Diyakalamulla as well as the Education Ministry Secretary, the IGP and the Attorney General as respondents. The petitioner states that she had a de facto marriage with a person since 2009 and the child was born on September 17, 2010 and that the child's father died of Sepsis Tuberculosis on September 24, 2015.

The petitioner alleged that a false rumour was circulated by persons with vested interests that the child is HIV positive and his father died of HIV/AIDS.

She complained that the Principals of both schools indicated unwillingness to admit the child purportedly due to the false rumour and protests by some parents.

The petitioner further stated that notwithstanding the fact that there was no obligation to do so, in view of the compulsions arising from the exigencies of the attendant situation, her child was subjected to an HIV test which confirmed that her child was not HIV positive.

The petitioner further stated that she desperately visited a number of schools in the area, beseeching the Principals to admit her child but the Principals did not admit her child as the Principal of Bohandiya Primary School had informed them not to to do so.

The petitioner maintained that the fundamental rights of her child to equality and equal protection of the law, that no citizen shall be discriminated against on the grounds of race, religion, language, caste, sex, political opinion, place of birth or any one of such ground and the freedom from torture, cruelty, inhuman or degrading treatment or punishment and the right to the freedom of movement including the right to choose his residence within Sri Lanka are infringed by the respondents.

Meanwhile, the child was removed from the school he was admitted to last week following parents' protests.

Provincial education authorities said they will allocate a different school as they failed to convice the parents. 

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