The Government is seeking to introduce legislation to address the issue of child abuse in religious institutions while activists have blamed authorities for failing to act on behalf of the country’s children, allowing such abuse to go unchecked for decades.   

Reports of alleged assault and abuse of novice monks have been on the rise in recent months, with one of the most recent incidents being reported in late April when a novice monk was assaulted in a temple in Badulla. 

Speaking to The Sunday Morning, National Child Protection Authority (NCPA) Chairman Chanaka Udayakumara Amarasinghe noted that incidents of child abuse in religious institutions had come to the fore and that the NCPA was proactive in its approach.

“Of late, there has been a lot of attention by the public regarding instances of child abuse at Buddhist temples and also at some churches, even though the overall number of child abuse incidents have not increased. These cases relate to physical assault and sexual abuse of young monks who are children. 

“According to the law, assaulting or injuring and sexually abusing child monks are criminal offences and when such incidents are reported to the NCPA, we take immediate action and notify the Police in the relevant area to initiate an investigation,” he explained. 

Amarasinghe said that there were three methods through which such incidents were reported.

“These incidents are sometimes directly reported to the Police. If not, they are reported to the NCPA. There are also cases where they are not reported to the Police or the NCPA, but are reported by the media. If there is enough evidence in such media reports, the NCPA will take action. 

“One such incident is the assault of an eight-year-old child monk who had been severely assaulted in the Pussalla region in Badulla, which was reported in the media. We have informed the Pussalla Police and they have started investigations into the incident.” 

However, he noted that many cases went unreported: “This issue cannot be solved simply by strengthening the law and expecting law enforcement to always take action, because a lot of the child abuse cases that occur in religious institutions go unreported. It is called the iceberg phenomenon, because similar to how we can only see the tip of an iceberg at sea, we can only see a handful of the actual incidents that are happening.”

Amending the law

He said that the NCPA was taking several steps to mitigate the problem, including introducing new laws.

“We are also taking steps to track the progress of investigations and actions taken by the Police at a district and provincial level, while also continuously monitoring the progress of the court cases related to child abuse. We hope to bring some changes to the Penal Code with regard to child abuse. 

“Section 308, in particular, has certain limitations. For example, action can be taken for cruelty against a child only if it is premeditated or pre planned. This is a shortcoming because we know that most instances of cruelty, assault, and harm to a child by parents, orphanages, and teachers and within religious institutions are done opportunistically and are not preplanned. 

“As such, we have drafted a bill to amend the Penal Code. This was undertaken by a committee of experts that included psychologists, judicial medical officers, specialist doctors, president’s counsels, and judges. We had the final meeting this week and we will hold a stakeholder meeting on Tuesday (16) where the Police, the Attorney General’s Department, as well as civil society will take part. Thereafter, we will present it to the Cabinet for approval.” 

When asked about the possibility of establishing a minimum age for children to be ordained, Amarasinghe noted that this must be decided following proper consultation with the clergy. 

“The matter of introducing a minimum age for children to be taken in by religious institutions is a more complicated issue where discussions must be held with the various religions at length. My personal view is that the minimum age should be decided at an age when the child is able to understand and accept that he is going to be inducted into a religious institution to become a priest, monk, or a member of the clergy of that particular religion. 

“It is hard to give a precise age because children develop at different stages. What must be stressed is that the issue of child abuse is not limited to just Buddhist temples, but also occurs in churches, mosques, and other religious institutions as well.” 

Authorities are failing

Sisters at Law Founder Chairperson and former Chairperson of the NCPA Marini de Livera however said that the authorities were failing in their duties. 

“There is no proper system to address this issue. The State system is dysfunctional. It’s as simple as that. Although we have subscribed to the UN Convention on the Rights of the Child, we are far below the international standard and children are suffering in orphanages.”  

She noted that parents were forced to send children to religious institutes due to economic hardships.  

“Children are sent to temples and churches because of the dire violation of economic rights of the families. Parents are compelled to send the children to temples and other religious institutes because they cannot afford to feed another mouth.”

She charged that the State authorities such as the NCPA were white elephants, merely making statements without acting.

“The NPCA is a white elephant. It does not do anything. The Children’s Secretariat is there; the State Ministry of Women and Child Development is just a building with lots of staff but nothing is done to address these issues.”  

She asserted that the law must be enforced to ensure that this problem does not continue. 

“There has to be monitoring. If the laws are implemented, we don’t have to pick on religious institutions or schools. It must be noted that child abuse doesn’t only happen in religious institutions; it happens in orphanages, schools, and even in their own homes. The law enforcement is at fault here for letting these abuses happen. No one should be above the law.” 

Stop Child Cruelty Trust Chairperson and Child Protection Alliance Co-Convener Dr. Tush Wickramanayaka revealed that her organisation received complaints of child abuse in religious institutions on a daily basis.

“As an organisation, we get at least one complaint per day of child abuse within religious institutions and there are days when we get plenty more. The first responsibility lies with the parent. Why are children being handed over to religious institutions? Mostly it is to do with poverty, particularly during this time when we are going through an economic crisis. Parents find it easier to hand over their child because then it is one less mouth to feed.” 

She said that cultural superstitions and religious obligations were also reasons for parents to send their children to be ordained.

Dr. Wickramanayaka too charged that the State was the most accountable for the welfare of children. 

“The State has the highest responsibility over the welfare of our children. A child should not be restricted or suppressed by any kind of religious or political issues. The global principle of child protection is the best interest of the child. As a country that is a signatory to the United Nations Convention on the Rights of the Child 30 years ago, we have ratified it to be our law. 

“The Government must therefore abide by not just international standards but the law within this country. The law within this country very specifically says that the most powerful authority – the NCPA – needs to monitor and supervise any religious institution that provides child care. I do not believe that any such thing is happening.” 

Her organisation has requested the NCPA for the number of cases being reported with regard to child abuse in religious institutions. 

“We have written to the NCPA requesting information as to how many institutions it is supervising and how many cases have been filed. Additionally, we have now written a letter to the minister in charge with a series of suggestions and we are hoping that this will be considered in a broader aspect and given top priority.” 

Further, on the role of the religious institutions themselves, Dr. Wickramanayaka said that they must voluntarily register with the NCPA in order to be monitored over the welfare of the children in their care. 

“Can someone just adopt a child in Sri Lanka? No, there is a rigorous process when adopting a child. Then why aren’t they doing that with those who are taking our children into religious institutions? That is the first thing that needs to happen. 

“If the intention of these religious institutions is the welfare of a child, then why not voluntarily register with the NCPA so that it can monitor them and make sure the children are happy and safe? That’s the main thing. We are not here to crucify anybody, we don’t want to be convicting anyone. That is not the answer. The purpose of a law is prevention.”

Committee appointed

Minister of Buddhasana, Religious, and Cultural Affairs Vidura Wickramanayaka said that the committee appointed by him to look into the matter would submit its initial report next week. 

“The committee will submit the preliminary report within next week. The committee consists of the ministry secretary and relevant officials. We will also be liaising with the Women and Children’s Bureau in the coming sessions. The final report will come two weeks after the preliminary report is submitted.” 

The Minister added that the Government would look at introducing new laws to address the issue. 

“We will be formulating new legislation through this committee’s recommendations. It will be an amendment to either the Vihara Dewalagam Act or the Theravada Bhikkhu Kathikawath (Registration) Act. We will see depending on the instructions of the committee. 

“We will also get the concurrence of the Justice Ministry as well. We will also be holding consultation with the Justice Minister regarding this issue. The bill will encompass all religious institutions irrespective of religion. We will be deliberating with the maha sangha and also the officials of other religions as well.” 

Maha sanga opposes

Meanwhile, the maha sangha said that they were against laws being introduced to regulate religious institutions. 

“The Government is looking to bring in legislation to address these issues. We are not in agreement with that. We don’t approve laws being brought to interfere with religious institutions, but it has come to the point where laws are being brought in to ensure that such incidents don’t happen. These cases of abuse don’t only happen in temples. They happen in society as well,” Asgiri Chapter Chief Secretary Dr. Medagama Dhammananda Thera told The Sunday Morning.

The phenomenon of children being ordained will continue, just as crimes of child abuse will continue if the State and other stakeholders such as the religious institutions fail to act decisively to ensure that our children are safe.