Legal expert warns of criminal liability over Grade 6 textbook controversy

Attorney-at-Law Dr. Palitha Bandara Subasinghe has raised serious legal concerns regarding the inclusion of a link to a pornographic website in a new Grade 6 English module. He asserts that the inclusion of such material could constitute a criminal offence under Sri Lanka’s Penal Code.

Speaking on the matter, Dr Subasinghe emphasised that while children require age-appropriate sexual education, providing instructions on accessing "distorted erotic websites" is unacceptable and potentially illegal.

Dr. Subasinghe pointed out that under Section 365(A) of the Penal Code (as amended in 1995), engaging in "acts of gross indecency" remains a criminal offence in Sri Lanka, punishable by up to two years of rigorous imprisonment.

He further noted:

"If such an act is committed by a person over 18 against a child under 16, the mandatory punishment is 10 to 20 years in prison. By directing 12-year-old children to websites designed for seeking same-sex partners, the creators of this module may be guilty of a form of abetting or facilitating illegal acts."

He argued that the inclusion of the website was not an accidental error.

Dr. Subasinghe warned that the responsibility for this error extends from the individuals who drafted the module to high-ranking ministry officials under the principle of vicarious liability. Furthermore, he cautioned that teachers who follow these instructions and direct children to such sites could also face criminal charges for exposing children to abuse.

"While developed nations like Australia are passing laws to remove children under 16 from social media, it is a serious crime for our Ministry of Education to mandate that 12-year-olds join such platforms," he said.

He concluded by calling for a halt to rushed education reforms, urging that they be conducted with careful dialogue to ensure the safety and mental health of the nation's children.