Violence against women in Sri Lanka is an issue for concern in the country. 1992 Vienna Declaration provides a useful starting point to identify what constitutes violence against women. 1978 Constitution of Sri Lanka in article 12(2) sets out the principle of non-discrimination on the ground of sex. Article 12(4) further provides for affirmative state action for the special advantage of women. Thus, in keeping with the commitment made in the Constitution, Sri Lanka ratified the Convention for the Elimination of all forms of Discrimination Against Women (CEDAW). Sri Lanka is also a signatory to a number of other International Conventions including the Covenant of Civil and Political Rights. Hence, there should be special laws to consider Domestic Violence as a criminal offence and punish the perpetrators.

1. Domestic violence in Sri
Lanka
By Arundathie Abeysinghe
Lecturer
International Aviation Academy
SriLankan Airlines
Arundathie Abeysinghe
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2. What is domestic violence?
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An atrocious crime committed against women
by an intimate partner or by other family
members
Common forms of domestic violence include
husbands beating wives and marital rape
Women are in great danger at home, the place
where they should feel safe
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3. What is domestic violence….
•For the majority, home is the place where they face a
regime of terror and violence
•Common in all parts of Sri Lanka, especially in the
rural and estate sectors; irrespective of social and
educational background, age, marital position,
education, employment, family structure, income
level, ethnicity and geographic location
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4. Why does domestic violence occur?
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Domestic violence and abuse are used for one
purpose: to gain and maintain total control over you,
the victim
Abusers use fear, guilt, shame, and intimidation to
wear you down and keep you under his thumb
Your abuser may also threaten you, hurt you, or hurt
those around you
Causes are varied; jealousy, loss of self worth (of the
aggressor), low or lack of education, financial
difficulties and alcoholism
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5. Signs of an abusive relationship
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There are many signs of an abusive relationship
The most telling sign is fear of your partner
If you feel like you have to walk on eggshells around
your partner - constantly watching what you say and do
in order to avoid a blow-up - chances are your
relationship is unhealthy and abusive
Other signs that you may be in an abusive relationship
include a partner who belittles you or tries to control
you
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6. Consequences of domestic violence
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Victims suffer physically, psychologically
and sexually
Their human rights are denied and their
lives are stolen from them by the everpresent threat of violence
They live in fear throughout their lives
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7. How does domestic violence occur?
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From threats and verbal abuse to violence
Physical injury may be the most obvious danger
Emotional and psychological consequences of
domestic abuse are also severe
Emotionally abusive relationships can destroy your
self-worth, lead to depression and make you feel
helpless and alone
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8. How can intimate partner abuse be
prevented and stopped?
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Providing economic opportunity, mentors, role
models who are survivors of domestic violence,
organized community programs for youth and
families and a school environment that promotes
prevention of abusiveness in any relationship
Adult family members can help by nurturing and
providing consistent, structured supervision
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9. Intimate partner abuse….
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Learning more about the problem, teaching
children about healthy versus abusive
relationships, listening in a nonjudgmental way
to a domestic violence victim when she shares
what she is going through, and giving victims
information about where to get help
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10.  Sri
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Lankan situation
In Sri Lanka, women are expected to protect
the ‘family honor’
It is considered a great failure and humiliation
if they do not manage to do so
The ‘so called’ subordinate status of women
lead men to control women
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11. Sri Lankan situation….
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Women are expected to uphold cultural and
family values and suffer in silence
It is an issue that should be concealed
within the household
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12. •
Sri Lankan situation….
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Sri Lanka is a patriarchal society and
although women in the cities have become
more educated and independent, women in
rural areas are male dominated
In the majority of households a woman is
considered lower in status than a man
•
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13. Sri Lankan situation….
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The gap between the rights set out on paper
and the daily life in the household is
tremendous
Law in the books is different from the law in
the field
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14. Sri Lankan situation….
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According to a survey in 2006 by the Ministry of
Child Development and Women's Empowerment
more than 60 percent of women across Sri
Lanka are victims of domestic violence
About 44 per cent of pregnant women are also
subjected to harassment
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15. Laws to prevent domestic violence?
• Prevention of Domestic Violence Act came into
operation on 3, October ,2005
• The Act provides for the issue of Protection Orders
by the Magistrate’s Court to prevent an aggressor
from inflicting harm to persons within defined
relationships inside the household as well as outside
• A police officer has the authority to intervene on
behalf of an aggrieved person
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16. •
Laws to prevent domestic violence….
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Awareness about the Act and a proper understanding of its
functions
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When legal authorities intervene on behalf of women, there
are objections
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Most often the following questions are asked from the victim
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“Are you not hurting the institution of the family through
this law? Is it not better to ‘settle these things’ privately and
amicably? Is it necessary to bring the matter to court?”
•
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17. Police intervention
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Majority of officers consider domestic violence as an
‘incident taking place within the household’
In most instances, they are frightened to take action
against the perpetrator
Husband might have connections with an influential
person in the area
Then law enforcement becomes a challenge
The majority of Police Stations do not have trained
officers to handle incidents of domestic violence
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18. Lack of protection for victims
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Most women depend almost solely on their partner
economically
They have no means to provide for themselves
financially and their children or to sustain their
livelihood
Alternative to a violent husband is homelessness and
financial problems
Shelter or housing is rarely offered by law enforcers
or by the legal system itself
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19. Lack of protection….
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Law stipulates that the court may order, (if
the aggrieved person requests) the victim to
be placed in a shelter or provided with
temporary accommodation
Most often, private sector (NGOs) and
INGOs) offer shelters to victims
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20. •
Lack of protection….
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Private sector cannot be expected to take
the sole responsibility for provision of such
services
Magistrates are reluctant to refer abused
women and their children to privately run
shelters, who they do not always find
accountable
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21. Lack of protection….
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The judiciary would be more likely to refer
women to state run shelters
State-run shelters are few
Therefore, victims have no option but to
live at home with the perpetrator
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22. Recognizing rights
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Prevention of Domestic Violence Act is a great
step forward for the recognition of the rights of
women
For a woman to have the courage to go to the
police station and file a complaint, she needs
assurance that she will be met with respect and a
patient hearing
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23. Recognizing rights….
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She needs assurance that her case is taken
seriously and inquiries will be conducted
She needs a guarantee of protection through
shelter or housing to her and her children as well
as proper counseling and support during the
court case
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24. Actions to curb domestic violence
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The State should support and protect the rights of
women, establish and upgrade facilities and secure
proper remedies for the victims of domestic violence
in Sri Lanka
There are provisions in the Domestic Violence Act to
prevent the perpetrator from committing any act of
domestic violence (subsection 10 (1) (a) and (b) (1) and
(2) of the Protection Order)
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25. Actions to curb….
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Law enforcement authorities are silent and do
not take any action against the perpetrator,
although there is clear evidence (physical
harm)
As there are no such measures, the
perpetrators continue to abuse women
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26. Actions to curb….
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Domestic violence should be considered as a
criminal offence
Special laws should be drafted with special
remedies and procedures
Power of the police officers to enter private
premises is limited
This can protect violent men at the expense of
women
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27. •
Actions to curb….
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Immediate release of the offender on bail may be
dangerous for the woman
Police and women’s affairs authorities should be
trained properly to handle such offenses
Judicial and medical officers should carry out
their duties properly and guide victims to seek
legal advice (to file action against offenders and
punish them)
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28. Thank
you!
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