HISTORY OF THE NCPA

Although child abuse is often denied in the Indian subcontinent, probably one of the oldest recorded histories of child abuse is a 2,500-old Buddhist story called “Sopaka.” In the story, a jealous stepfather leaves a boy named Sopaka tied to a corpse in a cemetery to be eaten by wolves. Buddha comes to the boy’s rescue and preaches to the child, perhaps one of the earliest recorded instances of counseling.

 The Buddhist scriptures also record the story of a boy named Mattakundali whose miserly father severely neglects him and deprives him of medical care. Although “Sopaka” and “Mattakundali” are based in ancient India, both stories still resonate today in the predominantly Buddhist Sri Lankan society. 

Today, child abuse in Sri Lanka exists in a variety of forms, including physical abuse, sexual abuse, sexual exploitation, neglect and child labor. In addition, recent times have seen the rise of a new form of child abuse, the conscription of children. A report published in 1988 (Medicine, Science and the Law 28: 123-126) described the first case of physical abuse in Sri Lanka subsequently Harendra de Silva et al (1996) reported sexual abuse and other reforms of abuse in Sri Lanka (child abuse: the gravity of the problem and dilemmas in management in Sri Lanka published by UNICEF). This report included a new form of child abuse, previously not described, i.e. conscription of children and armed conflict.

In 1994, the then Chief Minister of the Western Province, Hon. Chandrika Bandaranaike Kumarantunga, took up the issue of sexual exploitation of children by foreigners and discussed the matter with N.G.O.’s. After she was elected the President of the country, the commitment of the president and the cabinet to the cause of child abuse was reflected in the penal code (amendment). Act No. 22 of 1995. The highlight of the amendment was a provision strengthening the law relating primarily to with sexual offences and offences against children. These amendments concentrated on (a) defining offences that were previously not defined or described adequately (b) increasing sentences (c) Introducing mandatory jail sentences for some offences. Major changes relating to child abuse are summarised in Table below.

In December 1996 the President appointed a task force on child protection, of which the author was the chairman. The task force recommended several legal amendments including the establishment of a National Child Protection Authority –NCPA (1998).