Justice Ministry to introduce Bills safeguarding Children's Rights

A Task Force was appointed by the National Child Protection Authority (NCPA) earlier this year, to combat the growing threat posed to children and young persons by bullying and sexual harassment via social media such as Facebook and Instagram, and messaging and other mobile and web based applications like Snap-Chat and Whats-App. It also launched a 24-hour confidential telephone link for children and young persons who are being bullied, harassed, or intimidated online or via a mobile device.

The Justice Ministry is to introduce several new Bills in the New Year to safeguard the rights of children, as well as to combat the growing number of cybercrimes committed by the improper use of the internet and mobile devices, to harass and bully children, both sexually and otherwise.

The laws against cyber-crime will be enacted by way of a new Obscene Publications Bill which will replace the present Obscene Publications Ordinance enacted in 1993.

The Justice Ministry said Cabinet has approved the urgent drafting of the relevant legislation, considering the lacuna in legislation to combat cyber-crimes committed against the children, as well as the urgency to trace the perpetrators.

A Task Force was appointed by the National Child Protection Authority (NCPA) earlier this year, to combat the growing threat posed to children and young persons by bullying and sexual harassment via social media such as Facebook and Instagram, and messaging and other mobile and web based applications like Snap-Chat and Whats-App. It also launched a 24-hour confidential tele- phone link for children and young persons who are being bullied, harassed, or intimidated online or via a mobile device.

The new law is intended to give more teeth to law enforcement authorities to deal with perpetrators of such crimes against children.

Meanwhile, the other laws that will be introduced include an amendment to the Penal Code to increase the minimum age limit for Criminal Responsibility, which will specify that nothing is an offence, committed by a child under 12 years.

The amendment is now before Cabinet.

An amendment to the Code of Criminal Procedure will also be introduced alongside to provide for the Magistrate to refer the child to a Government Medical Officer to examine and submit a report to the police, indicating the medical officer’s opinion whether the child has attained sufficient maturity of understanding to judge the nature and consequence of his conduct, on the occasion of his committing an alleged offence, and whether, the child is in need of any therapeutic intervention.

A new Children (Judicial Protection) Bill too has been drafted to fulfill Sri Lanka's obligations under the UN Convention on the Rights of the Child, which requires the formulation of immediate and long term responses to overcome barriers impeding child care and the protection of the juvenile justice system.

Presently, the Children and Young Persons Ordinance, No. 48 of 1939, applies to these matters. Cabinet has approved to repeal several sections of this Ordinance and to draft an internationally recognized Bill incorporating the norms and standards embodied in the UN Convention, and in compliance with representations made at the discussions held with the line Ministries, Department of Probation and Child Care, UNICEF in Sri Lanka, Police, Judicial Medical Officers and NGOs.

The Bill identifies how legal proceedings would be initiated and maintained in compliance with international standards regarding children. The draft Bill has been sent to the Attorney General to ascertain its constitutionality and legal consequences.

Another new law will be the Obscene Publication Bill to replace the present Obscene Publications Ordinance, as amended by the Acts enacted in 1983 and 1998.

The provisions in the present law are found to be totally inadequate to deal with the matters, more particularly, relating to crimes committed against children.

Cabinet has approved drafting of the relevant legislation urgently, considering the absence of legislation to combat cyber- crimes committed against children, as well as the urgency to trace the perpetrators.

Details of the proposed new laws were tabled in Parliament recently.