domestic violence against women in sri lanka

Domestic violence in Sri Domestic violence in Sri LankaLanka

By Arundathie Abeysinghe Lecturer

International Aviation AcademySriLankan Airlines

11Arundathie AbeysingheArundathie Abeysinghe

What is domestic violence?What is domestic violence?• An atrocious crime committed against An atrocious crime committed against

women women by an by an intimate partner or by intimate partner or by other family membersother family members

• Common forms of domestic violence Common forms of domestic violence include include husbands beating wives husbands beating wives and and marital rapemarital rape

• Women are in great danger at homeWomen are in great danger at home, the , the place where place where they should feel safethey should feel safe


What is domestic violence….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


Why does domestic violence occur?Why does domestic violence occur? Domestic violence and abuse are used for one Domestic violence and abuse are used for one

purposepurpose: : to gain and maintain to gain and maintain total total control over control over you, the victimyou, the victim

Abusers use fear, guilt, shame, and intimidation Abusers use fear, guilt, shame, and intimidation to to wear you down and keep you under his thumb wear you down and keep you under his thumb

Your abuser may also threaten youYour abuser may also threaten you, , hurt you, hurt you, or or hurt those around youhurt those around you

Causes are variedCauses are varied; ; jealousy, jealousy, loss of self worthloss of self worth (of (of the aggressor), low or the aggressor), low or lack of educationlack of education, , financial financial difficulties and alcoholismdifficulties and alcoholism


Signs of an abusive Signs of an abusive relationshiprelationship There are many signsThere are many signs of an of an abusive relationshipabusive relationship The most telling sign is The most telling sign is fear of your partnerfear of your partner If you feel like If you feel like you have to walk on eggshells you have to walk on eggshells

around your partner around your partner - - constantly watching what constantly watching what you say and you say and do in order to avoid a blow-up do in order to avoid a blow-up - - chances are your relationship is unhealthy and chances are your relationship is unhealthy and abusiveabusive

Other signs that you may be in Other signs that you may be in an abusive an abusive relationship relationship include include a partner who belittles you a partner who belittles you or or tries to control youtries to control you 55

Arundathie AbeysingheArundathie Abeysinghe

Consequences of domestic Consequences of domestic violenceviolence

• Victims suffer physically, Victims suffer physically, psychologicallypsychologically and and sexuallysexually

• Their Their human rights are deniedhuman rights are denied and and their their lives are lives are stolenstolen from them by from them by the ever-present the ever-present threat of violencethreat of violence

• They They live in fear live in fear throughoutthroughout their lives their lives66


How does domestic violence occur?How does domestic violence occur?

From From threats and verbal abusethreats and verbal abuse to violenceto violence Physical injury Physical injury may be the may be the most obvious most obvious

dangerdanger Emotional and psychologicalEmotional and psychological consequences consequences

of of domestic abuse are also domestic abuse are also severesevere Emotionally abusive relationships Emotionally abusive relationships can can

destroy your self-worthdestroy your self-worth, , lead to depression lead to depression and make you and make you feel helpless and alonefeel helpless and alone 77


How can intimate partner abuse How can intimate partner abuse be prevented and stopped?be prevented and stopped?

Providing economic opportunityProviding economic opportunity, , mentors, role mentors, role models models who are who are survivors of survivors of domestic violencedomestic violence, , organized community programs organized community programs for youth and for youth and families and families and a school environment that a school environment that promotes promotes prevention of abusiveness prevention of abusiveness in any in any relationshiprelationship

Adult family members can help Adult family members can help by by nurturing nurturing and providing and providing consistent, consistent, structured structured supervisionsupervision 88


Intimate partner abuse….Intimate partner abuse….

Learning more about the problemLearning more about the problem, , teaching children about healthy versus teaching children about healthy versus abusive relationshipsabusive relationships, , listening in a listening in a nonjudgmental way to a nonjudgmental way to a domestic domestic violence victim violence victim when she shares what when she shares what she is going through, she is going through, and and giving victims giving victims information about information about where to get helpwhere to get help


Sri Lankan situationSri Lankan situation• In Sri Lanka, In Sri Lanka, women are expected to women are expected to

protect the protect the ‘family honor’‘family honor’• It is considered It is considered a great failure and a great failure and

humiliation humiliation if they do not manage to do if they do not manage to do soso

• The The ‘so called’ ‘so called’ subordinate status of subordinate status of women women lead men to control womenlead men to control women


Sri Lankan situation….Sri Lankan situation….

• Women are expected to Women are expected to upholduphold cultural and family valuescultural and family values and and suffer in suffer in silencesilence

• It is It is an issue that should be concealed an issue that should be concealed within the householdwithin the household


• Sri Lankan situation….Sri Lankan situation….• Sri Lanka is a patriarchal society Sri Lanka is a patriarchal society and and

although although women in the cities women in the cities have have become more educated and become more educated and independentindependent, , women in rural areas are women in rural areas are male dominatedmale dominated

• In the In the majority of households majority of households a a woman woman is considered is considered lower in statuslower in status than a than a manman


Sri Lankan situation….Sri Lankan situation….

• The gap between The gap between the rights the rights set out on set out on paperpaper and the and the daily life in the daily life in the household household is tremendousis tremendous

• Law in the books Law in the books is different is different from the from the law in the fieldlaw in the field


• According to a survey in 2006 According to a survey in 2006 by the by the Ministry of Child Development and Ministry of Child Development and Women's Empowerment Women's Empowerment more than more than 60 60 percent of women percent of women across Sri Lanka are across Sri Lanka are victimsvictims of of domestic violence domestic violence

• About About 44 per cent of pregnant women 44 per cent of pregnant women are are also also subjected to harassmentsubjected to harassment

Sri Lankan situation….


Laws to prevent domestic violence?Laws to prevent domestic violence?• Prevention of Domestic Violence Act Prevention of Domestic Violence Act came into came into

operation on operation on 3, October ,20053, October ,2005• The Act provides for the issue of The Act provides for the issue of Protection Orders Protection Orders

by the by the Magistrate’s Court to prevent an aggressor Magistrate’s Court to prevent an aggressor from from inflicting harm inflicting harm to persons to persons within within defined defined relationships inside the household relationships inside the household as well as outsideas well as outside

• A police officer has the authority A police officer has the authority to to intervene on intervene on behalf of an behalf of an aggrieved personaggrieved person

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• Laws to prevent domestic violence….Laws to prevent domestic violence….

• Awareness about the Act Awareness about the Act and a and a proper understanding of its proper understanding of its functionsfunctions

• When When legal authorities intervene legal authorities intervene on behalf of womenon behalf of women, , there are there are objectionsobjections

• Most often the Most often the following questions are asked following questions are asked from the victimfrom the victim

• ““Are you Are you not hurting not hurting the institution of the family through this law?the institution of the family through this law? Is it not better to ‘Is it not better to ‘settle these things’ settle these things’ privately and amicably? privately and amicably? Is it Is it necessary to bring the matter necessary to bring the matter to court?”to court?”

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Police interventionPolice intervention• Majority of officers consider domestic violence Majority of officers consider domestic violence as an as an

‘incident taking place within the household’‘incident taking place within the household’• In most instances, In most instances, they are frightened to take action they are frightened to take action

against the perpetratoragainst the perpetrator• Husband might have connections Husband might have connections with an influential with an influential

person in the areaperson in the area• Then Then law enforcement becomes a challengelaw enforcement becomes a challenge• The majority of The majority of Police Stations Police Stations do not have trained do not have trained

officers officers to handle incidents to handle incidents of of domestic violencedomestic violence1717


Lack of protection for victimsLack of protection for victims• Most women depend almost Most women depend almost solely on their partner solely on their partner

economicallyeconomically• They have They have no means to provide for themselves financiallyno means to provide for themselves financially

and their children or and their children or to sustain their livelihoodto sustain their livelihood• Alternative to a Alternative to a violent husband violent husband is homelessness and is homelessness and

financial problemsfinancial problems• Shelter or housing is rarely offered by law enforcersShelter or housing is rarely offered by law enforcers or by or by

the the legal system itselflegal system itself


Lack of protection….Lack of protection….

• Law stipulates that Law stipulates that the the court may order, court may order, (if (if the the aggrieved person requestsaggrieved person requests) the ) the victim to victim to be placed in a shelter be placed in a shelter or or provided with provided with temporary accommodationtemporary accommodation

• Most often, Most often, private sector (NGOs) private sector (NGOs) and and INGOs) INGOs) offer shelters to victimsoffer shelters to victims

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• Lack of protection….Lack of protection….• Private sector cannot be expected Private sector cannot be expected to to take take

the sole responsibility the sole responsibility for for provision of such provision of such servicesservices

• Magistrates are reluctant Magistrates are reluctant to refer to refer abused abused women and their children women and their children to to privately run privately run shelters, shelters, who who they do not always find they do not always find accountableaccountable

• 2020


Lack of protection….Lack of protection….

• The judiciary The judiciary would be would be more likely to more likely to refer women refer women to to state run sheltersstate run shelters

• State-run shelters are fewState-run shelters are few• Therefore, victims have no optionTherefore, victims have no option

but to but to live at home live at home with the with the perpetratorperpetrator


Recognizing rightsRecognizing rights

• Prevention of Domestic Violence Act Prevention of Domestic Violence Act is is a great a great step forward for the recognition of the rights of step forward for the recognition of the rights of womenwomen

• For a For a woman to have the courage to go to the woman to have the courage to go to the police stationpolice station and and file a complaintfile a complaint, , she needs she needs assuranceassurance that that she will be met with respect she will be met with respect and and a a patient hearingpatient hearing


Recognizing rights….Recognizing rights….

• She needs assurance She needs assurance that that her case is taken her case is taken seriouslyseriously and and inquiries will be conductedinquiries will be conducted

• She needs a guarantee of protection She needs a guarantee of protection through through shelter or housing shelter or housing to her and her children to her and her children as well as well as as proper counseling and support proper counseling and support during the during the court casecourt case


Actions to curb domestic violence Actions to curb domestic violence

• The State should support and protect the rights of The State should support and protect the rights of women,women, establish and upgrade facilities and establish and upgrade facilities and secure proper remedies for the victims secure proper remedies for the victims of of domestic violence in Sri Lankadomestic violence in Sri Lanka

• There are provisions in the Domestic Violence ActThere are provisions in the Domestic Violence Act to prevent the perpetrator from committing any to prevent the perpetrator from committing any act of domestic violence act of domestic violence (subsection 10 (1) (a) and (subsection 10 (1) (a) and (b) (1) and (2) of the Protection Order)(b) (1) and (2) of the Protection Order)


Actions to curb….Actions to curb….

• Law enforcement authorities Law enforcement authorities are silent are silent and and do not take any action do not take any action against the against the perpetrator, perpetrator, although there is clear although there is clear evidenceevidence (physical harm) (physical harm)

• As there are As there are no such measuresno such measures, the , the perpetrators continue to abuse womenperpetrators continue to abuse women


Actions to curb….Actions to curb….• Domestic violence should be considered Domestic violence should be considered as a as a

criminal offencecriminal offence• Special laws should be drafted Special laws should be drafted with special with special

remedies and proceduresremedies and procedures• Power of the police officers Power of the police officers to enter to enter private private

premises is limitedpremises is limited• This can This can protect violent men protect violent men at the at the expense expense

of women of women


• Actions to curb….Actions to curb….• Immediate release of the offender Immediate release of the offender on bail on bail

may be may be dangerous for the woman dangerous for the woman • Police and women’s affairs authorities Police and women’s affairs authorities

should be trained properlyshould be trained properly to handle such to handle such offensesoffenses

• Judicial and medical officers Judicial and medical officers should carry should carry out their out their duties properly and guide victims duties properly and guide victims to seek legal advice to seek legal advice (to file action (to file action against against offenders offenders and punish them)and punish them)


Thank you!Thank you!


domestic violence against women in sri lanka

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