Parent sues school over expelling pregnant pupil

A parent, who claims his daughter was expelled while in Primary Four for being pregnant after undergoing mandatory testing at the school, has sued the learning institution before Tororo High Court in Eastern Uganda. 

Mr David Wafula filed his lawsuit on April 23 against the management of Busumba Primary School in the border district of Busia. He is seeking general damages to be awarded to himself and his daughter for the violation of their constitutionally-guaranteed rights. 

Women with a Mission (WWM), a non-government organisation, jointly filed the lawsuit. 

Declarations sought
Mr Wafula, who is seeking at least six declarations, claims that several of his daughter’s human rights, including the right to privacy, were violated. 

“A declaration that the respondent’s (school) act of mandatory testing of the 3rd applicant (the pregnant pupil whose name is withheld), is a violation of her rights to privacy, freedom from discrimination, dignity, equality to education, children rights and freedom from cruel, inhuman and degrading treatment provided under Articles 21, 24, 27, 30, 34, and 44(a) of the Constitution,” one of the declarations sought by the parent, reads in part. 

Mr Wafula also seeks: “A declaration that the respondent’s act of expelling the 3rd applicant from school as a result of a positive pregnancy test is a violation of her rights to education, dignity, equality, non-discrimination and freedom from cruel, inhuman and degrading treatment…” 

The court has also been moved to make a declaration that the school’s actions of subjecting the pupil to a mandatory pregnancy test without the consent of her parents, was a violation of her right to be cared for by her parents provided for under Article 34(1) of the Constitution. 

Court documents show that in September 2023, the school carried out a mandatory pregnancy test on the victim and discovered she was pregnant. 

The 17-year-old girl says the pregnancy test was done through extreme manual kneading or physical pressing of her lower stomach, which action she argues in the lawsuit amounted to cruel treatment. 

“… The actions of and omissions of the respondent (school) caused the 2nd and 3rd applicants (father and daughter) humiliation, psychological and emotional pain, immense stress, anxiety, and loss of education and its associated lifetime opportunities,” the court documents further read in part. 

Shortly after the filing of the lawsuit, the father of the victim claimed the expulsion of his daughter from school had an adverse effect on her mental health.   “She has since lost self-confidence, developed a feeling of shame, anxiety and depression, which we fear as the family, may have long-lasting effects on her life in future,” he said. 

Moreover, he claimed the school has ruined his daughter’s future, reasoning that she was a promising child. 

“Nobody knows who she was going to be but from her performance in class, she was a very promising girl with a bright future but the school has now ruined it,” he said. 

Ms Betty Balisalamu, the Executive Director of WWM, said during the process of being subjected to a manual mandatory pregnancy test, the victim confessed to have gone through extensive pain, shame, stigma, and humiliation. 

“The experience of being forced to take a pregnancy test has led to her emotional distress and psychological trauma,” she said. 

Ms Balisalamu said there is a need to nullify certain provisions within the revised 2020 Guidelines on the Prevention and Management of Teenage Pregnancies in School Settings. 

“These provisions are not only derogatory but also contravene the constitution and violate numerous human rights, particularly against pupils who have been unjustly expelled from school due to pregnancy,” she said. 

“These violations include mandatory pregnancy testing and mandatory maternity leave, among others,” she added.
 
School authorities react
When Daily Monitor contacted the management of the school, the head teacher, Mr Vincent Jamori, denied the allegations of having expelled the victim. 

He said the victim reported for Term Three pregnant and that the school management accommodated her, including allowing her to sit her promotional exams. 

“What I know is that the girl’s father even came to the school asking for a letter proving that his daughter was studying in Busumba Primary School; which I did because I understand the matter was reported to the police but what happened; I don’t know. However, the school did not expel the pupil,” Mr Jamori said. 

The head teacher said being a professional teacher and parent, who is acquainted with the law, he couldn’t deny the victim her right to education. 

He said the victim could have felt out of place in the school and just vanished since she had a big belly and was looking different from her peers. 

RDC backs parents
The Busia Resident District Commissioner, Mr Michael Kibwika, hailed the parents for the action taken. 

“Much as my office was not informed, I am going to follow it up to its logical conclusion,” he said. 

Pregnancy management during Covid-19
In 2020, following the global outbreak of the deadly Covid-19 pandemic, President Museveni ordered the closure of all learning institutions from primary to university, an order that saw more than 15 million learners sent home in a bid to minimise the spread of the deadly virus. 

The almost two-year stay at home by learners due to Covid-19, saw thousands of them get pregnant with Busoga region having the highest number of cases. 

This long Covid-19-induced lock-down and its effects, including learners being forced to stay home for a long period, pushed the government to revise guidelines on pregnancy prevention and management in schools. 

The policy affirmed the right to education of learners who are pregnant or are parents although it placed numerous conditions on enrollment. 

Among the guidelines were requirements for schools to prioritise re-admitting mothers and girls after pregnancy and providing redress for children and parents when public schools refuse to enroll them. 

The policy also gives schools guidance on how to tackle stigma, discrimination, and violence against learners who are pregnant. 

Education and health experts linked the spike in teenage pregnancy at the time to lack of sexual reproductive services and information. They also blamed the incident on locking up the learners with their abusers during the Covid-19 induced lock down. 

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