OPERATIONAL ISSUES IN INSTITUTIONAL TREATMENT
AND COMMUNITY-BASED TREATMENT METHODS FORJUVENILE OFFENDERS IN SRI LANKA
R. Sunethra Gunawardhana*[BSc. sp. (zoology), PG. Dip (Colombo,) S.L.A.S]
I. INTRODUCTION
At this time, where great attention ispaid regarding children, the time is ripe
for the implementation of rehabilitation
programmes needed for juveniles who
have gone astray. Sri Lanka is a
developing country in the Asian region
and the reason for the increase in thenumber of children who get used to wrong
deeds & behavi ou r is du e to theirinvolvement in various difficulties which
is a problematic situation.
In the legisla tive enactments, themeaning for “child” is illustrated in many
ways. There is some confusion in Sri
Lankan Law as to the definition of a“child”. Different laws define a “child”
differently.
•

The penal code specifies crimes
relating to children of the ages of 8,
10, 12, 14, 16, 18.
The Children and Young Persons
Or dina nce d ef ine s a “child ” a s aperson under 14 years of age, and a“Young Person” as a person between
the ages of 14 and16 (below 16
years—Juveniles)
Under the Employment Women,
Young persons and Children
Ordinance, a “child” means a person
under 14 years of age, and a “young••* Provincial Commissioner, Department of
Probation and Child Care Services,
Badulla, Sri Lanka

220

•
•

person” means a person who is over
14 years but is under 18 years of age.
According to the children’s charter of
Sri Lanka a child means any person
under the age of 18.
In Sri Lanka, several Institutes/
Departments are formed to mediate
and take decisions regarding children,
where necessary.
- Courts- Department of probation andchildcare services- Police Department- Prison Department- Labour Department

A. Juvenile Offenders
T h e in i ti a l s t e p s w i th a j u ve ni leoffender are taken by the Police, therelevant reports are supplied by the
Department of Probation and Childcare
service s. Decisions are ta ken b y the
courts and rehabilitation activities areprovided by the Department of Probation
and C h ildc a re Se rvic es . The pr iso n
department takes decisions for children
whom imprisonment is necessary andwhe re child lab our is concerned theD e p a r t m e n t o f L a b o u r o f f e r s t h e ir
services. Due to the 13th amendment of
the Constitution, the function of theProbation and Childcare services cameunder the Provincial Councils. The Law
Courts, Police, Labour Department andPrison Department are under the Central
Government. Institutional rehabilitationand community based rehabilitation ofchildren are directly under the Provincial
Department of Probation and Childcare

118TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
Services. For this reason Institutes areformed on a Provincial basis.
There are four remand homes(sepa rating the males from females)
where the children are kept separatingthem from the adult offenders until they
are produced in court.
B. The Objectives of this Report
I would like to discuss the following:
•
•
•
•
•

•

The lawful oaths pertaining tochildren in Sri Lanka.
The present state of the institutional
rehabilitation activities.
The organizing structure and usage ofresources of the institutes connected
to institutional rehabilitation.
Problems and issues encountered in
the above activities.
How to implement community based
treatment processes to child offenders
in Sri Lanka and the institutions
connected thereto.
Problems and issues in that process.

C. The Aims of the Institutional
Rehabilitation Activities
The aim s of the institutional
rehabilitation activities are as follows:••••

Mental development of children
Increase development of professional
training opportunities
Moulding towards good qualities
To make an individual acceptable tosociety

A lthough experienced staff are
required for this purpose the dearth ofsuch staff is a main problem. Anotherp ro b le m is t hat the incr ea se in th enumber of children is not parallel to thenumber of institutes. The children who
cannot be rehabilitated by the communityb a se d system a n d those o the rs w h ocannot b e rehab ilita ted in the hom eenvironment due to the gravity of thecommitment are directed to institutional
tra ining. Children not intereste d ineducation show voluntary interest in theprofessional training units. It should bestated that the main objectives of thisinstitutional rehabilitation training are
to train the child offender to a suitablea n d p r o f it a b le p r o f e s si o n , t h e r e b ycontribute towards the development of
the country. Due to economic deficiency
in Sri Lanka the contribution from thef a m i ly u n i t , t o w a r d s f a m il y b a s e drehabilitation is less, and as a state, suchinstitutes are maintained with limited
financial & human resources. It could beemphasized that the activity ofrehabilitation is not an easy task.
II. THE LAW
In this chapter we will consider the lawthat is applicable to juvenile offenders.
The Children’s Charter, Sri Lanka’s
version of the CRC, will not be discussed
because it lacks binding authority upon
the judiciary.
A. The Children and Young Persons
Ordinance (CYPO)The CYPO. No. 48 of 1939 (asamended) continues to function as thebasic law dealing with children.
••

It provides for the establishment ofjuvenile courts; located separatelyfrom others in a different building orroom, to be presid ed over by aMagistrate to the hearing of cases
involving “juvenile offenders”. The
proceedings of such courts are notopen to the general public.
To protect the privacy of the child, theCYPO prohibits the publication ofreports of any proceedings before ajuvenile court, or proceedings
involving a child in any other court.

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RESOURCE MATERIAL SERIES No. 59
•

•

•

•

The CYPO established categories ofdifferent “offenders”,(i) “Child”—a person who is under
the age of 14 years.
(ii) “Young person”—attain the age of
14 but not 16.
(iii) “Youthful person”—reach the ageof 16 but not 22 years.
The CYPO specially deals with thedetention of the arrestee who comesunder the category of “Young
Persons”. They are required to be kepts e p a r a t e d f r o m a d u l ts in p o li c estations and courts.
The
CYPO
stipulates
severalr e q u ir e m e n t s in r e la ti o n t o t h eproceedings involving children in thejuvenile court;(i) The court should explain mattersto the child in simple language.
(ii) If the offence is an indictable one
under the Penal code, the court
shall ask the child whether hewishes to be tried by it or a higher
court.
(iii) The children should be informedthat they have the right to consult
with their parents or guardians
before making the decision.
The CYPO spells out the punishments
and sanctions which can be imposedu p o n c h il d r e n w h o f a c e ju d i c ia lproceedings under its provisions.

A “child” cannot be imprisoned, while“young persons” can be imprisoned only ift he co u rt c e rt if ie s th a t th e y a r e s o“unruly” or “depraved” that they cannot
be institutionalized.
Alternatives to imprisonment(i) An offender under the age of 16—
could b e se nt to a re ma nd hom e(detained to produce at the Courts)
for a period not exceeding one month(ii) An offender between the age of 12–
16—could be committed to a certified
school for a period of 3 years.

222

B. The Penal CodeThe Penal Code of 1883 was amended
by the Penal Code (Amendment) Act No:
22 o f 1 9 95 w hi ch ca me int o force i n
October 1995. It is the basic (main) legal
docum ent which describes thepunishment and sanctions for offences.
The amendments introduced several new
sections relating to offences committed bych i l d re n ( m i n i m u m a ge o f cr i m i n a l
responsibility is 8 years).
These are:•••Obscene publications relating tochildren for the purpose of adoption
and custodial rape of girls under theage of 16.
Cruelty to children (covers illtreatment, neglect, etc.)
Sexual exploitation of children.

C. Probation of Offenders
Ordinance No: 42 of 1944
(Amended in 1947, 1948)
On the matter of probatio n of“offenders”, this ordinance is applied. It is
used as the community based treatment
method. This ordinance applies to amend
the law relating to the release of
offender s on pr ob ation and to thesupervision of such offenders, and top r o v i d e f o r t h e e s t a b li s h m e n t a n dadministration of a Probation Service.
D. Youthful Offender (Training
Schools) Ordinance. No: 28 of1939 (amended in 1943, 1944)
This ordinance makes provisions forthe establishment of training schools, forthe detention, training and reformation ofyouthful offend ers a nd for p urp ose s
connected therewith. Youthful offenders
between ages of 16–22 who have been
convicted of certain offences and haveprevious convictions or have violated
probation orders.

118TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
In terms of judicial proceedings there
are two statutes which are important, theCode of Criminal Procedure No: 15 of1979 (as amended), and the Evidence
Ordinance No: 14 1895 (as amended.)

It is of course important to rememberthat the 1978 Constitution of Sri Lanka
accords specific rights which children canenjoy in common with other citizens orother persons.

III. TREATMENT OF JUVENILE OFFENDERS
The institutional treatment and thecommunity based treatment processes
are interconnected in the proceedings ofrehabilitation of juvenile offenders.

and justic
Law
e

Commu

Familyocietyil ste institutionsStay and civ
nit

Protection against violation
Welfare, Protection
Development, Protection
Care, Development, Protection

The responsibility of the family unit isto provide care and protection to thechildren and develop them mentally andphysically.
The subject of trial and treatment ofjuvenile offenders as distinct from adultoffenders w as first considered in Sri
Lanka in the 1920 s. The juvenile justiceadministration was first introduced in1939 with the enactment of the Children
and Young Persons Ordinance (CYPO)
and the Youthful offenders ‘Training
School’ Ordinance (TSYO.)The CY PO Provides for theestablishment at Juvenile Courts, thesupervision of juvenile offenders and theprotection of children and young persons.
The TS YO Provi des for theestablishment of training schools foryouthful offenders for their detention,
training and rehabilitation.
Juvenile justice administration laws
have never been subject to any
a m en d me n ts s ince the ir e na c tm en t
nearly 60 years ago and the need for theirreview to suit current circumstances hasreceived the attention of the relevant
authorities.
In 1997, the Law Commission of Sri
L a n ka ha s id e nt if ie d t he f o l lo w ing

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RESOURCE MATERIAL SERIES No. 59
general areas as requiring consideration
for change:
a. Terms used to define categories ofjuveniles.
b. To ensure the segregation of juveniles
from adult detainees at all stages ofthe legal process.

c.

The classification and conditions ofplaces of detention of juveniles.
d. Protection for juveniles involved in
the legal process.
e. The need to develop community based
treatment for th e treat men t ofjuveniles in conflict with the law.

Legal Process for Treatment of Juvenile Offenders

Juvenile
Offender•Complaints
Police Station•

Petitions fromgeneral public

Courts•Discharge

Institutional Treatment
•
•

•
•
•

224

Community-Based Treatment

Education
Vocational training

Certified Schools
Approved Schools
Children’s Homes(below age 16 years)

According to thereports (PSR) given by
probation officer(According to thelegislative enactments)

•
•
•
•
•
•

CounselingSupervision

Probation Service
Supervision
Miscellaneous
After Care Programme

118TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
IV. INSTITUTIONAL TREATMENT
OF JUVENILE OFFENDERS IN SRI
LANKA
There are a number of state agencies
which are required to play main roles in
the w orkings of the lega l process inrespect of juveniles:
•
•
•
•
•
•

The Courts.
The Department of Probation andChild Care Services (DPCCS).
The Provincial Departments ofProbation and Child Care Services(PDPCCS).
The Police Department.
The Prison Department.
The Labour Department.

Institutional treatment of juvenile
offenders is implemented mainly by theProvincial Department of Probation andChild Care Services.
U nder both the CYPO and theProbation of Offenders Ordinance, theDepartment of Probation and Child Care
Services effectively became the lead statea g en cy fo r th e p ro te ctio n, ca r e a n drehabilitation of children in need of careand protection and the children who cameinto conflict with the law.
The devolut ion of powers to th e
P r o v i n c ia l C o u n c i l s f r o m t h e 1 3 t hamendment of the constitution and theenactment of the Provincial Council Act
No. 42 of 1987 meant that the Provincial
Departments of Probation and Child Care
Services started functioning as the main
agencies for unprotected children. The
PDPCCS function under the supervisionof the Provincial Commissioners of the
PCCS.

A. Institutional Arrangements
There are three categories of state
institutions which deal with children who
are involved in the legal process.
•••Remand Homes
Detention Homes
Certified Schools

The Government provided improved
institutional care facilities for those who
were placed in Remand Homes, Detention
Homes and Correctional Institutions.
Children in the institutions referred towere provided with both formal educationand vocational training during their stayin the centers.
1. Children in Remand Homes (below
the age of 16 years)
Table 1
Year

No. of children

1994

1995

1996

1997

1998

1110

1654

1379

1652

1711

There are 3 Remand Homes which aremain tai ned for boy s an d only on e
Remand Home for girls.
Boys Remand
Homes

Girls Remand
Homes

2

Western
Province

1

North Central
Province1

Western
Province

Source: The Department of Probation andChild Care Services

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RESOURCE MATERIAL SERIES No. 59
2. Children in Detention Centers
There is only one Detention center
meant for both boys and girls from 5 to 16
years of age, w hich is located in theSouthern Province.
Table 2
Year

No. of children

1994

1995

1996

1997

1998

1999

2000

138

165

109

95

141

191

260

Source: The Department of Probation andChild Care Services
3. Correctional Institutions
Four certified schools, (one for girls andthree f or bo ys), continue to pro videcorrectional services to children referredto them by courts of law. The number ofchildren admitted during the relevant
period is given in Tables 3, 4, 5, and 6.

Admissions to Certified Schools (year 1995–1999)(As per race, religion, age and offence committed)
Table 3Per race
Race*

No. of offenders
1995

1996

1997

1998

1999

Sinhalese (s)

180

140

153

176

195

Tamil (T)

36

45

38

26

56

Muslim (M)

21

21

20

17

25

Others (O)
Total

13

1

1

–

–

250

207

212

219

276

*. Population ratio: S (72%), T (20%), M (5%), O (3%)
Population (in 1997): 18,552,000
Table 4
Per religion
Religion

No. of offenders
1995

1996

1997

1998

1999

Buddhism

176

133

152

174

189

Hinduism

35

45

38

26

54

Islam

21

20

3

17

25

Catholic

18

9

19

2

8

250

207

212

219

276

Total

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118TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
Table 5
Per ageAge group

No. of offenders
1995

1996

1997

1998

1999

28

17

4

11

37

Between 12–14 years

91

108

79

62

94

Between 14–16 years

107

58

86

115

112

Over 16 years

24

24

43

31

33

250

207

212

219

276

Between 8–12 years

Total

Table 6Per offence committed
OffenceNo. of offenders
1995

1996

1997

1998

1999

1. House breaking and
theft

88

108

130

84

85

2. Disobedient to parents

49

34

19

49

33

3. Usage of alcohol/drugs
and marketing

1

5

3

13

15

4. Care and protection

1

52

33

44

92

5. Suicide

–

–

–

–

–

6. Others

21

8

27

29

51

250

207

212

219

276

Total

4. Children Confined in Remand Homes
S ince child ren re ma nd ed throughCourts are confined for a short period, thetraining programmes in these Institutes
are also short. To develop the juveniles’

religious and general knowledge,
ed uca tiona l p ro gra mm e s a nd slig ht
vocational training are given. Special
staff are available for that purpose.

5. Certified Schools
The four certified schools in Sri Lanka
came into being several years back.
Table 7
Certified Schools

Year established

No. of children (year 2000)

1. Makola (Boys)

1959

125

2. Hikkaduwa (Boys)

1951

135

3. Keppettipola (Boys)

1961

60

4. Ranmuthugala (Girls)

1961

160

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RESOURCE MATERIAL SERIES No. 59
A child offender in the age group of 12–
16 who commits an offence is directed by
the Courts to these Certified Schools
w h e r e a c t iv i t ie s a r e c o n d u c te d f o r
rehabilitation.
The main object is to give a systematicv o ca tio n al tr ain in g to t he c hil d re na dmitted to Certified Schools. In all
Certified Schools, training is provided in
motor mechanics, metal work, carpentry,
electrical work, sewing, agriculture andTV/radio repairs, etc.
Children w ho show enthusiasm in
education are admitted to surrounding
government schools, with all facilities
provided.
B. Case Management System
1. Reporting, Maintaining Case Files,
Progressing Reviews
Individual case files are maintained forj u v e n i le o f f e n d e r s a d m i tt e d t o t h e
Institutes. The system of maintenance of
those files is as follows:(i)

Filing of court order relevant to theoffender(ii) Obtaining the Social Report from theprobation officer(iii) To discover the child’s skills, by thatreport and discussing it with the child(iv) Directing children to educational andvocational training, accordingly(v) Study the child’s behaviour daily andmake entries in the files. (The housemaster, in charge of the children,
records th e health an d mental
condition of the children)(vi) Every two months a case committee
is h el d, f or wh ich th e f o llo w ing
participate:• Provincial Commissioner ofProbation and Child Care
• Probation Officers• Principal of the Certified School

228• House Masters• Juvenile Offenders.
(vii) Submission of monthly detailed
report of relevant institute to the
P rovincial C om missio ner b y the
Principal of Certified Schools.
• Number of children• Children who left after completing
vocational training and those who
escaped.
• Other problems.
2. Functions of the Case Committee• Discuss child’s progress.
• Discuss child’s short-comings andproblems, and find solutions.
• Decisions to be taken regardingchildren who could be released prior
to the prescribed period.
• Decisions to be taken as regards
donation of equipment to children
who have successfully completed thevocational training.
• Make inquiries of the progress after
the After Care Programme.
3. After Care Programme
Supervision in the home environment ofchildren who have completed th evocational training and education is theaim. This is performed by the probation
officers. Here, inquiries are made of theemployment engaged in by the children
who have completed vocational training
and counseling is given to them and theirguardians. The probation officer has toarrange a suitable homely atmosphere andalso provide a place of work for juveniles
before being sent out from the Institute.
Apart from the foregoing vocational
training for the children, excursions,parties/functions, New Year festivals,
Vesaks, Christmas, Parents’ days etc. arece le b r a te d . E x hib itio ns a re he ld todisplay children’s creations so as to givethe general public an idea of the Instituteand it’s activities.

118TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
V. MANAGEMENT OFORGANIZATIONS
A. Organizational Structure
The Organizational Structure of the
Department of Probation and Child Care
Services and it’s officers can be displayed
as follows:

Provincial Council

Courts

PoliceDept.

PrisonDept.

Provincial Ministry ofProbation & Child Care

National Department

Provincial Department of
Probation & Child Care

Commissioner

Provincial Commissioner

Correctional Institutions

Probation Offices(Probation Officers)

State Receiving Homes(Matron)Certified Schools(Principal)

Detention Homes(Superintendent)

Remand Homes(Warden)Since this was decentralized to theProvincial Council the activities areorganized in accordance with thesupe rvision and direction of theProvincial Commissioner. The Principal
is the head of the Correctional

Institution. The management of the other
Staff is under him/her. The staff work
according to a shift basis—day and night
service is performed.

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RESOURCE MATERIAL SERIES No. 59
Each Officer’s duties are briefly given
below:
•
•
•
•
•
•
•
•
•

Principal—Supervision of the Institute and administration.
House
Masters—Maintenanceof“subject files” and study children’s
progress.
Vocational Instructors—Provide vocational training to children.
Graduate Teacher—Conduct classes
and counseling for literally weak children.
Overseers—Safeguard children andprovide their needs, directing ‘Units’
Matrons—Preparation of diet charts
a nd sup ply f oo d ac cord ingly a ndmaintaining records.
Cooks—Preparation of food.
Watchers—Provide security to theInstitute and children.
Labourer—Cleaning up the Institute.

Although Officers are categorized asabove, the shortage of required staff isthe main handicap.
B. Financial Resources
The required financial allocation tot he s e I n st itu te s i s p r o vid e d b y th er ele vant P rov in cial C ou ncils. Sinc e
Provincial Councils function in various
ways the financial allocation varies.
The financial allocation to theK eppetip ola Certified S chool in Uva
Provin ce is substa ntial. Alth ou ghfinancial allocation is made according to
the p repa red estima te s to wa rds thechildren’s welfare which is not a problem,the financial allocation for the generalmaintenance work of the Institutes isinsufficient (telephone, electricity, watersupply and staff payments). The smoothfunctioning of the Institutes is therefore aproblem.

230

C. Staff Training
Special training is provided for theInstitutional Staff in the fields given
below:(i) Legislative enactments(ii) Counseling methods.
(iii) Care and protection of juveniles.
(iv) Maintenance of case files.
(v) Planning children’s programme.
(vi) Knowledge in vocational training.
(vii) Office management and public relations.
While in-service/on-the-job training ispracticed, short-term training
programmes (syllabuses) are speciallyuse d. Fa cilitie s a re pro vided for six
months training programme for abusedchildren with activities for rehabilitation.
VI. PROBLEMS AND ISSUES IN
INSTITUTIONAL TREATMENTMETHODS
When the Institutional trea tm ent
method is adopted this department ismainly confront ed with nu merou s
problems.
A. Shortage of Institutes
In Sri Lanka, the number of institutes
available for the treatment of juvenile
offenders amounts to four. Of these, threea r e f o r m a le a n d o n e i s f o r f e m a l echildren. Since the yearly intake is about
300, providing them with hostel andbuilding facilities is a problem. Since only
one institute is allocated for girls, thenum ber of ch ild ren adm itted to theinstitute is far in excess of the facilities’
capacity. In the Ranmuthugala (Girls’)
Certified School, the facilities available
are for sixty children only. Now 160 arehoused there.

118TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
B. Children not Accepted by
Guardians after Rehabilitation
Although children, after institutional
rehabilitation, should join their family
unit, in many instances, it is not possible.

D. Staffing
There are two aspects to the staffing
issues:••

The reasons are:(i)

In such family units, the financial
stability is low. (Inability to provide
required facilities to children)(ii) Parents are separated and the family
environment is detested andunsuitable for children.
(iii) Children within family units whose
mothers are abroad are not rightfully
provided protection and welfare.
(iv) Children
detesttheir
homeenvironment due to father’s addiction
to liquor and cruelty.
(v) Absence of guardian to accept
children, (street urchins, andorphans)
In the above instances we are facedwith immense problems.
Since no Institutions are available in
Sri Lanka to re-admit such children, they
are provided with employm ent
oppo rtunities and the Probation
Department has to supervise (guide)
them f or a lengthy period. With thelim ited number of Officers it is very
difficult to perform such tasks/services.
C. Financial Constraints
Financial constraints are revealed in a
myriad of ways;•••

from unfilled staff positions to thedeterioration of the physical plant.
from difficulties of obtaining raw
materials for the vocational trainingclasses at the Certified Schools.
to problems in transport because of
the unavailability of vehicles.

unfilled positions
the inadequacy of the qualifications of
those who hold appointments

E. CongestionThe
children’s
institutions
accommodate far greater numbers thanthose for which they were designed. This
creates a host of problems, ranging fromthe obvious logistical problems ofproviding for the accommodation out ofcongestion.
VII. COMMUNITY BASEDTREATMENT METHODS
The aim is to rehabilitate the juvenile
offenders in a residential atmosphere andsociety. For this, the D epa rtment of
Probation and Child Care Services adopts
some key methods:(i) Probation Service(ii) Supervision Orders(iii) After-care Programme
F o r th i s , P r o b a t io n o f O f f e n d e r s
Ordinance, Children and Young Persons’Ordinance and legislative enactments are
adopted. These services are performed byprobation officers. These supervision
activities are conducted by a Court order.
Juvenile offenders committed to theprobation services are supervised forthree years, and children on a court order
are supervised for 1 or 2 years and for a
maximum period of 3 years. During these
periods, the concentration of theprobation officer is as follows:(i)

To improve the juvenile offenders’behaviour by counseling.

231

RESOURCE MATERIAL SERIES No. 59(ii) If the child is at school, send him toschool again and provide an
opportunity to gain education andlater make observations (follow-up
action)(iii) If interest is shown in a career, admit
to a Professional Training Instituteand have him trained.

Provision of equipment after training
and guide him/her to an employmento p po rtu nity a n d la ter f o llo w - upsupervision (later observation).
(iv) By counseling juvenile offenders,
their parents and relatives makes
the family environment a pleasantone.

A. When Adopting Community-Based
Treatment Method (C.B.T.)
a. Maintaining individual case files for d. Counselinge. Continue supervision without a breakjuvenile offenders.
(during the prescribed period andb. If a school-going child, afford followlater generally)up action and supervision by going tohis home and school.
Probation officers pay special attention
c. If employed, meet the employer at theto these matters.
work place and discuss.
Community-Based Treatment for Children on Court Order(Uva Province only) [Year 2000]
Table 8Province
Uva

No. ofOfficers

No. of Juvenile
Offenders (CBT)

Badulla3

45

Bandarawela

2

42

Monaragala

2

58

Probation Office

Taking into consideration these figures
it is evident that among the duties, theperformance of these activities by theprobation officer is not easy.
B. Problems and Issues in C.B.T.
MethodWhen adopting C.B.T. method, facts tobe considered mainly are the problems
arising therefrom which can be describedas follows:
1. Shortage of Efficient and Trained
Staff
Since Sri Lanka is a multi-national/
racial/religious country, it is necessary tode sign program mes so that all
nationalities could be represented. But,232

the number of officers who could handle
duties in several languages are very few.
T h e r e f o r e , f o r t h is p u r p o s e st r o n g
dedication and interest is called for, but
scarcity of such staff is a problem.
2. Limited Public Participation
After committing an offence, the childis branded by the Society as an offender.
The removal of such an impression fromsociety is not e asy. There fo re, theprovision of employment opportunities,
re-admission to school, and gaining publicconfidence is rather difficult. However, as
far as possible, probation officers act as
mediators and solve this problem.

118TH INTERNATIONAL TRAINING COURSEPARTICIPANTS’ PAPERS
3. Family Environment in UnpleasantState
In families where parents are
separated and in families where mothers
are abroad, due to the disruptive
atmosphere within family units, refining
c hild of f e nd e rs is d if f icu lt. I n su ch
instance s co unseling and m ediation
enable us to solve this p roblem to acertain extent.
4. Inadequate Attention from Courts
Towards C.B.T. Method
Mostly court orders are given to childoffenders to confine them to institutes.
Although the p rob ation officers w ho
understand the importance of C.B. andfurnish rep orts for that purpose,children’s confinement in institutions
under court order has been a problem.
VIII. RECOMMENDATIONS
Today, it is very essential that juvenile
offenders are rehabilitated. For reasons
such as carelessness of elders, breakdown
within family units, mental disorder andwant of guidance, children get involved inv a r i o u s a c t i v it i e s a n d t h e r e b y t h enumber of offenders increases. Therefore,
when performing institutional training or
Community Based Treatment, th epractical problems arising therefrom
have to be sorted out before putting it
into operation.
For that purpose the following
recommendations can be given:
1. Recruitment of a trained anddedicated staff.
2. Provide them with further training.
3. In order to provide the necessary
facilities to children, the state andv o l u n ta r y o r g a n iz a t i o n s s h o u l dcontribute.
4. Provision of suitable salary scales,
office facilities, housing facilities andtransport facilities to the staff. (Toensure job satisfaction)
5. To re-scrutinize court activities.
6. To revise the legislative enactments
to suit the present times.
7. To gain more public participation,
their attitudes have to be changed.
T h e r e f o r e , a w a r e n e ss h a s t o b einstilled.
8. Provision of the necessary financial
allocation by the state.
9. Co-ordination with relevant organizations [court, police, probation department, prisons department].
10. Implementation of policy formulationand planning considering the present
necessities.
11. Familiarize with advanced methods
such as data collection, preparation(data) and assessment (valuation) of
progress.
12. While conducting various pieces ofresearch, a study has to be made torevise and improve rehabilitation
methods according to the changing
social conditions.
REFERENCES
Children and Young Persons Ordinance,
No. 48 of 1939
Probation of Offenders Ordinance, No. 42
of 1944
Samaraweera V., Report on the AbusedChild and the Legal Process of Sri Lanka.
July 4, 1997
Sri Lanka—Second Country Report on
the Implementation of the Convention on
the Rights of the Child, 1998.

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