A lecturer has appeared in court, alleging that the Peradeniya Professor of Medical Informatics committed sexual harassment.

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The Supreme Court has issued a strict order to the Senate of the University of Peradeniya to take immediate steps to prevent sexual harassment occurring within the university. This decision was announced while hearing a fundamental rights petition filed by a lecturer from the Faculty of Dental Sciences of the university, and in connection with it, the court has also prohibited the accused professor from holding any position within the university system.




This decision was announced by Justice Janak de Silva with the concurrence of Supreme Court Justices Achala Wengappuli and Priyantha Fernando. The relevant fundamental rights petition was filed by Dr. Udari Abeysinghe, a Grade II lecturer at the Faculty of Dental Sciences, University of Peradeniya, who was also pursuing a Master of Philosophy degree. She had named her thesis supervisor, Professor W.A. Thilakarathne, Dean of the Faculty of Dental Sciences, University of Peradeniya, the Vice-Chancellor of the university, and the Senate, among others, as respondents.

Regarding the alleged sexual harassment committed by the first respondent professor against the petitioner on several occasions, her mother had lodged an initial complaint with the university authorities. Following an investigation based on that complaint, a charge sheet was filed against the professor, and although he was found guilty of some of the charges, it was revealed in court that the University Senate had not taken any disciplinary action against him.




In light of this situation, the petitioner lodged a complaint with the Human Rights Commission, and subsequently filed this fundamental rights petition before the Supreme Court. During the hearing of the petition, the respondent Senate raised a preliminary objection that it was time-barred, and the court decided that this objection was acceptable according to the legal precedent of 'Kandambi vs. State Timber Corporation'. However, the bench decided to grant relief to the petitioner in accordance with the broad powers vested in the Supreme Court regarding the freedom to engage in a profession, fairness, and equality, as guaranteed to citizens by Article 14 (1) of the Constitution.

Accordingly, the Supreme Court has ordered the University Grants Commission to completely prohibit the first respondent, Professor W.A. Thilakarathne, from holding any official or honorary position in any university or higher education institution in the country. Furthermore, the Senate has been ordered to prepare and immediately implement a clear set of guidelines to prevent sexual harassment among staff and students at the University of Peradeniya. During this trial, Attorney-at-Law Amisha Teekal appeared for the petitioner, President's Counsel Saliya Pieris appeared for the first respondent, and Senior State Counsel Sureka Ahmed appeared for the other respondents.

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