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Lanka
DOmeStic Viollend
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Sometimes there is no Blood: Dol Rape in Rural Sri Lanka
C ICES, 2000
ISBN: 955-580-052-9
Published by:
International Centre for Ethnic Studies 2, Kynsey Terrace, Colombo 8, Sri Lanka.
Printed by:
Unie Arts (Pvt) Ltd.
No.48B, Bloemendhal Road Colombo 13.
THE AUTHOR
Ameena Hussein, a sociologist by professior project of the International Centre for Ethni An Annotated Bibliography on Violence ag publication of A Directory: Violence against V
FUNDING FOR THIS PUBLICATION WAS PRO CANADAINTERNATIONAL DEVELOPMENTA
Cover Design by Bradley Fernando

nestic Violence and
is the co-ordinator of the Violence against Women c Studies, Colombo. She is also the co-author of ainst Women in Sri Lanka and co-ordinated the Women.
VIDED BY THE SHAKTHI PROJECT OF THE
GENCY.


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TWO rural in Arurad
Sometimes th Domestic Vic in Rural
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ere is no Blood: lence and Rape | Sri Lanka
| ' ሾ 'ኣ W
iX
se and Methodology Ol the Research 3
aw and Wii lence against Women (6
1ical SUImIn ITy 2. ()
is the Research 25
Lu SiC) 58
1lmendali () IS 59
Ameena Hussein


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Page 5
Repr by Rukmini
I, who have r Violence, se This - the n
Finishing of
Mostly sh Minus the 0 That make u Her sari, wind Audi
All my child With a knife Two pillows, fa That crescent
Malef.

isal Bhaya Nair
ever known 'e at nights no on thugs ff a Woman
le is eyes ther marks ) a face. And ing red, tears bly.
nood, I sept
cucked under
Dr safety. And still glistens
icent.


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Page 7
Acknowl
The International Centre For have completed this project many groups, but we wish to organizations whose collabo) was crucial: the Sinhala-Tam (Sinhala Demala Gami Kanth Need (Kantha Pihita), Kanthi Sangamaya, and Rajarata Ap The research project ha leadership and guidance of n depended upon a core of stro have to particularly thank ou Radhika Coomaraswamy, U. Violence against Women; Lis Bradley.
We have to also thankt the field with dedication, cor enthusiasm that made the vic what it is: Dheeshana Jayasu Janani Tiru. We also have to the field who facilitated our Jerina in Nuwara Eliya, Prem Mahadivul wewa and Hakeem Laktilleke in Matara. They m with us unti ringly.
We are especially appre Satkunanathan and Kshali Pi critical and vital contributiot report.
The International Centr indebted to the Shakti Projec importance of research on vi expressing their confidence i we would especially like to t Agnes Mendis for their stron rights and resistance to violi Finally and most impor all the women who spoke wi

edgments
Ethnic Studies could never without the cooperation of thank particularly those ation in the research project il Rural Women's Network a Sammelanaya), Women in a Sangvardhana Maha ada Sahana Sevawa. S benefited from the lany, but we have especially ng and dedicated women. We r trio of guiding spirits: N. Special Rapporteur for sa Kois, and Christine
he researchers who went into mmitment and unwavering lence-against-Women project ndere, Tharanga de Silva, and thank our contact persons in entry into the research areas, halatha in Thirappana, Shireen in Anuradhapura, Priyanthi lade us welcome and worked
ciative of Ambika nto-Jayawardene for their 1 to the legal section of the
e For Ethnic Studies is t of CIDA for realising the olence against women and in this work as funders. And hank Marnie Girvan and g Support to women's human ence against women. antly, we would like to thank h us.


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For the Women v with hope in their heart

who spoke to us s and a belief in justice


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Introduction
Violence against women has only recently becom agitation. In 1979, when The Convention on the ratified, it did not even contain a provision prohi taboo subject not meant for the august halls of th change. Women from around the globe gathered community take effective action against violence the Declaration on the Elimination of Violence A Commission on Human Rights created the post c Against Women. At Beijing in 1995, The World most important issue that requires concerted inte Developments in Sri Lanka paralleled the c of violence was first raised in the early 1980s, it "westernised" feminists to destroy family and soc NGOs as well as the government. The 1995 Pena attempt to deal with rape cases, and at the mome being considered. Violence against women durin sustained attention. Women's groups are now org freedom from violence.
Despite these measures, statistics and resea There is still no national survey on domestic viol few and far between. Individual cases are dealt w research into the issues still lags behind. In this c Women in Sri Lanka is an important contribution legal framework as well as interviews with wom attempts to understand how women victims suffe attempts to understand the institutional response women. It paints a picture of neglect and obstacl dealing with the problem. Women speak in their clear analysis of the problem and the methods of recommendations that are necessary if we are to Lankan Society.
Violence against women may never be elin understanding the causes and raising awareness a the state and civil society to be more sensitive to strategies to deal with the problem. Knowledge i: realise whether we are relevant and effective. An that knowledge and raising awareness about the ( issues women face in their daily lives and by ana closer to devising means and ends that will help
Radhika Coomaraswamy United Nations Special Rapporteur on Violence

e an issue requiring international and national Elimination of Violence Against Women was biting rape and domestic violence. Violence was a e United Nations. By the 1990s there was a seaat Vienna in 1993 to insist that the international . Within six months the General Assembly passed gainst Women, and the United Nations f United Nations Special Rapporteur on Violence Conference on Women made violence the singular :rnational action. hanges at the international level. When the issue was dismissed as an attempt by misguided ciety. Today it is the primary area of action both of il Code amendments strengthened the government's nt separate legislation on domestic violence is garmed conflict is another area that is receiving anised to push forward demands for women's
rch on violence against women are hard to achieve. ence or rape. Systematic gathering of data remains fith by grassroots women's organisations, but ontext, Ameena Hussein's book Violence Against to this area. It contains a succinct analysis of the en and focus groups in three areas of the country. It :r violence and cope with its implications. It also of state and other institutions to the plight of these is that calls into question our traditional means of own words, and actual cases are posited next to a dealing with the issues. The book contains detailed effectively deal with violence against women in Sri
hinated. However, research may point towards bout the consequences. It may help institutions of the issues and to be more creative in devising s power, and it is the means through which we neena Hussein's book is a major effort in increasing xperience of violence. By being sensitive to the lysing the responses of institutions, it brings us as make Sri Lanka a less violent society.
Against Women


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Page 13
Sometimes the Domestic Violence Sri L
The powerless are respo Α1
Introduction
Violence has always been an ugly word. It is beginning of history. It is a concept that has implemented, and resisted. No single populat often the practitioners of violence find thems their lives.
For many centuries violence against wo often legitimised in some way or the other. C laws are a few instances that have imposed V only recently that Violence against Women ha evil. Ironically however, the family is quite C to the world of violence. Women have had to the form of cultural practices or religious bel being a refuge for men and women when in V, suffering for women who suffer violence at t Many international legal instruments de form the protection of women from Violence Declaration of Human Rights, The Internati the International Covenant on Economic. So the Elimination of All Forms of Discriminat: Recommendation No. 19 which deals entirel those in existence.
This report is divided into five sections violence that were covered in the research. I projected goals and definitions of categories methodology that was used. Section two situ within a legal framework, both international international legal instruments such as the U
Articles 1,2,3 and 5 are examples.
2 Article 2, Article 6. l, Article 7. Article 9.
Article 3, Article 7 are examples. Article l is an example. The specific areas discussed are traditiona traffic and exploitation or prostitution of \ violence and health; rural women and fam

re is no Blood:
and Rape in Rural anka
nsible for creating change drea Dworkin and Catherine MacKinnon
a word that has pervaded the world from the been legitimised, condemned, condoned, ion has an exclusive use of violence, and elves victims at one time or the other during
men was not only unrecognised: it was quite ultural practices, religious beliefs. and State iolent practices or acts upon women. It is is even been recognised as an unnecessary ften the first introduction that women have endure violence within the family, be it in liefs. The family, traditionally thought of as aded by violence, becomes a place of he hands of their families. aling with human rights include in Some in their provisions. The Universal onal Covenant on Civil and Political Rights, 2ial and Cultural Rights, the Convention on on against Women," and General y with violence against women, are some of
. Section one establishes the areas of
states the purpose of the research, the of violence, and gives a description of the ates the subject of violence against women ly and nationally. While briefly covering niversal Declaration of Human Rights, the
and Article 26, are examples.
attitudes, customs and practices; all forms of Women; Violence and equality in employment; ily violence.


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International Covenant on Economic, Social Covenant on Civil and Political Rights and th Forms of Discrimination against Women, the Penal Code and other legal enactments. Secti research areas, and sample of the field resear done on violence against women over a perio And the final section presents the conclusion violence against women.

and Cultural Rights, the International e Convention on the Elimination of All national legal framework concentrates on the an three provides a description of the 2h. A qualitative analysis of the fieldwork d of four months is found in section four. S and recommendations for policy changes on


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Cha
Purpose and Method
The violence-against-women project covers t rape, incest, family violence and sexual as designated areas. The areas chosen were Nuv represented the Central, North Central and S were able to cover a fair section of the rural and do an in-depth study covering interviews Violence, the police, the judiciary, social wo Samatha Mandalaya, doctors, clergymen, NG
The purpose of the research was to guic Service provision for women victims of viole by documenting the nature and effects of son availability of assistance for those affected in plantation.
The goals of the research were:
1. To identify the forms of violence agains
Selected populations.
2. To explore women's perceptions of viol
families.
3
To identify and assess existing formal a of violence against women.
4. To document women's experiences, bot
5. To understand the material and attitudir protect themselves from violence.
6. To seek the views, attitudes and recomr judiciary, the police, doctors and social
WOTY) €11 .
See footnotes 30-38 for definitions of cate We regret that due to resource constraints study on Vaw. In particular we regret our i the East. We very much hope that this stud conflict areas and amongst internally displ

ter 1
ology of the Research
he areas of domestic violence, marital rape, ault. Fieldwork was conducted in three Vara Eliya, Anuradhapura and Matara that )uthern Provinces; with these three areas we population, including the plantation Sector,
with the women who have experienced kers, Grama Niladharis, members of the O's and midwives. e effective policy formulation and inaprove nce in the future. We hoped to accomplish it he forms of violence against women and the
selected contexts, namely: rural and
st women in the family and the community in
ence and its effects on themselves and their
nd informal sources of assistance for victims.
n positive and negative.
al constraints on women attempting to
nendations of community leaders, the workers on the subject of violence against
gories we were unable to undertake a truly national ability to undertake research in the North and y will lead to such research being undertaken in aced populations.


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Methodology of the field research
Field data was collected using semi-structul (police, courts); other state agencies (medic leaders, NGO реrsonnel, Grama Niladharis, used to assess procedures for formal and ind community and institutional attitudes towar and constraints, and invite respondents to Sl In-depth semi-structured interviews wi aged 15 years and over who had experience women were identified by the local partner snowballing. These interviews enabled the type of violence which illustrate the women themselves and their families; their motivat assistance available to them; and their sugg state levels.
An essential pre-requisite was the pres willing and able to identify local women aff volunteer for the in-depth interviews. The p active associate in making advance arrange adapting the research instruments to meet lo one plantation area were selected in consult Letters were written to a number of N( project and requesting assistance from them received, a preliminary trip was made by th project and assess the capacity of the NGO employee of the NGO in the field so as to f. The Sinhala-Tamil Rural Women's Netwo Sammelanaya) was identified in Nuwara E identified in Matara, and in Anuradhapura v Sanga maya in Thirappana and Raja rata A Fieldwork was conducted over periods of fi structured interview guides were designed t the interview. Semi-structured interviews w leaders, the police, members of the judiciar Fieldwork was conducted in Nuwara E Anuradhapura during the month of Februar 1999. Transcribing was undertaken immedi conducted in either Tamil or Sinhalese.
8 Snowballing is where interviewees refer
researchers. 9 Due to the identified researcher at Rajara
Service) being in the last stages of pregn them. However, they did facilitate interv Mandalaya and the Grama Niladhari in A

'ed interviews with criminal justice agencies al Services.); and key informants (community
Samatha Mandalaya). The interviews were ormal remedies, to explore individual, dS Violence against Women, identify barriers uggest Solutions. are used with a purposive sample of women id one or more of the forms of violence. The organisation and by the technique of
researchers to develop case studies of each 's perceptions of the impact of violence on ions and reactions; their evaluations of the estions for action at both the community and
ence of an organisation in the immediate area ected by violence who would be willing to artner organisation was also expected to be an ments for the fieldwork, and if necessary, ocal needs and conditions. Two rural areas and ation with activist organisations. CO's in the identified areas, explaining the
to conduct the research. Once responses were e co-ordinator of the project to introduce the . A request was made to work with an acilitate our entry into the community. )rk (Sinhala Demala Gami Kantha liya, Women in Need (Kantha Pihita) was we worked with Kantha Sangvardhana Maha pada Sahana Sevawa in Anuradhapura town.” ve-eight days in the three locations. Semio give women a certain level of control over 'ere also used to speak with community y, doctors and Social workers. Eliya during the month of December 1998, in y 1999 and Matara during the month of March ately after each field trip. The interviews were
other women who have experienced violence to the
ta Apada Sahana Sevawa (Rajarata Distress Relief ancy, we were unable to do much fieldwork with iews with the Police, the Chairman of the Samatha
nuradhapura.


Page 17
The women were interviewed in a varie in the agricultural field, in a forest, in their h centres, under trees, in paddy fields and in th given the choice of selecting a place that the ensure a maximum of privacy and Safety. Al obtaining the permission of the Women. The researchers. The researchers also explained t immediate benefits, but would seek to chang researchers wanted to ensure that they did no the women. After interviewing each woman. Lakspray milk as a token thank-you. Many o researchers for taking the trouble and time to them described feeling relief after the intervi researchers.

ty of locations, in the field researchers' van, homes, in their friends' homes, in community he WIN office in Matara. The women were y felt comfortable in and one that would l the interviews were tape-recorded after study was explained to the women by the hat the study would not give rise to e laws and policies in the long term. The
t raise unrealistic expectations or hopes with , she was given a packet of Anchor or f the women expressed thanks to the
come to them and speak with them. Some of iew at having shared their experience with the


Page 18
Chall
The Law and Viole
The Legal Framework at the Intern:
Today, international human rights law has rei and violence against women. This has not als several blind spots in the development of the present, none is as Striking as that movement (human) rights the attention, and in Some res Through much of international legal history development and growth of modern internati Human Rights states in article 1 that "all hur and rights". Article 2 states that "everyone is forth in this Declaration without distinction language, religion, political or other opinion other status". Article 3 states that "everyone person". Article 5 states that "no-one shall b degrading treatment or punishment". This m which is seen as a threat to their life, liberty cruel, inhuman or degrading treatment is a V member states, and thus contrary to the princ Other legal instruments such as the Inte Rights and the International Covenant on Ec prohibit violence against women. In times of Protection of Civilian Persons in Time of W that "women shall be especially protected ag against rape, enforced prostitution or any for instrument dealing exclusively with the right Elimination of All Forms of Discrimination international bill of rights for women as it se recognition of discrimination against Women order to eliminate this discrimination.
General Recommendation No. 19 put fo Elimination of All Forms of Discrimination violence against women, and categorically st discrimination which prevents women from of equality with men. It further asks that Sta
0 Steiner. H., & Alston.P., International Hum
1996, p. 887.

pter 2
ence against Women
tional Level
cognized the problems of gender inequality ways been so. As Henry Steiner states, "of the
human rights movement from 1945 to the 's failure to give to the violation of women's pects, the priority that they require. women have been invisible in the onal law. The Universal Declaration of nan beings are born free and equal in dignity
entitled to all the rights and freedoms set of any kind, Such as race, color, sex, , national or social origin, property, birth or has the right to life, liberty and security of e Subjected to torture or to cruel, inhuman or 2ans that any form of violence against women or security of person or which is torture or iolation of the international obligations of ciples of the Universal Declaration.
rnational Covenant on Civil and Political onomic, Social and Cultural Rights also
War, the convention relating to the ar of 12 August 1949 states in article 27 ainst any attack on their honor, in particular m of indecent assault". The most extensive is of women is the Convention on the against Women. It has been described as an ets out detailed information that aids in the and the measures that have to be taken in
)rward in 1992 by the Committee on the Against Women deals exclusively with lates that gender-based violence is a form of enjoying their rights and freedoms on a basis te parties take this into consideration when
an Rights in Context, Oxford: Clarendon Press,


Page 19
reviewing their laws and policies. General traditions, customs and practices where wo Stereotyped roles perpetuate various discrin coercion, and that such prejudices and belic violence as a form of protection or control - deprived of the equal enjoyment of their hu General Recommendation also recognises t because of the persistence of traditional att imposes an obligation on States to ensure t accessible to rural women, and that where I provided for isolated communities.
The United Nations General Assembly Declaration on the Elimination of Violence preamble that:
(1) Violence against women is an obstacle
and peace...
(2) Violence against women both violates women of human rights and fundamer
(3) Violence against women is a manifest between men and women, which have against Women by men.
(4) Violence against women is one of the
are forced into a subordinate position.
(5) Violence against women in the family
of income, class and culture.
In the UN Declaration, Violence against W
Any act of gender-based violenc in, physical, sexual or psychol( including threats of such acts,
liberty, whether occurring in pub
Violence against women shall be understoo following:
(a) Physical, sexual and psychological vic battering, sexual abuse of female chili
Article l of the Declaration on the Elimi Article 2 of the Declaration on the Elimi ܚ

Recommendation 19 argues that certain men are regarded as subordinate or as having hinatory practices, including Violence and 'fs may be used to justify gender-based of women which result in women being man rights and fundamental freedoms. The hat rural women are at Special risk of violence itu des in many rural communities, and it hat Services for victims of violence are necessary, special services should be
in December 1993 passed by consensus a Against Women. The Declaration states in its
2 to the achievement of equality, development
and impairs or nullifies the enjoyment by ltal freedoms...
ation of historically unequal power relations
led to domination over and discrimination
crucial social mechanisms by which women
and Society is pervasive and cuts across lines
omen is defined as:
e that results in, or is likely to result Ogical harm or suffering to women, coercion or arbitrary deprivation of lic or in private life.''
d to encompass, but not be limited to, the
plence occurring in the family, including dren in the household, dowry-related violence,
nation of violence against Women nation of Violence against Women


Page 20
marital rape, female genital mutilation Women, non-spousal violence and viole
(b) Physical, sexual and psychological viol including rape, sexual abuse, sexual ha educational institutions and elsewhere,
(c) Physical, sexual and psychological viol
wherever it occurs.
The Declaration calls upon states:
(a) to enact appropriate laws and procedure
(b) to develop national plans to eradicate v
(c) to train judges, lawyers and policemen
(d) to set up assistance, counselling centres
violence;
(e) to construct education curricula to elim
against Women;
(f) to collect statistics to make the problen
International human rights norms and standa national human rights standards and norms a the national legal framework is imperative to against Women.
Legal Framework at the National Le
The legal system of Sri Lanka dates from the understandably does not reflect current inter Since 1994 attempts have been made to recti will examine laws which have a direct impac Penal Code, as well as other legal enactment legal standing of women and thereby affect t

and other traditional practices harmful to nce related to exploitation.
ence occurring within the general community, rassment and intimidation at work, in
trafficking in women and forced prostitution.
ence perpetrated or condoned by the state,
es to give women redress;
iolence against Women;
on problems of violence against women;
s and social services for women victims of
inate prejudices which may result in violence
h of Violence against women more visible.
rds are an important yardstick by which re measured. Therefore an examination of ) determine state responses to violence
ve
colonial period and, therefore, national human rights norms and standards. fy this anomaly. This section of the report t on violence against women, such as the S which have an indirect impact on the socioheir power to determine their own destinies.


Page 21
The Constitution and the principle
Non-discrimination is a principle enshrined particular, the fundamental rights chapter Sp between women and men in terms of protect according to article 12 (2), discrimination o grounds, is prohibited, and thus constitutes : article 12 (4) recognizes a positive right to e executive action that bestows special advant
Since the constitution was amended in discrimination on the grounds of Sex as a vir has been brought before the Supreme Court. have been successfully brought under the fu discrimination. Women's rights activists rec internee in the state health Service challenge that she had been penalized for making a po case was settled out of court by the Ministry cancelled and the woman dropped her funda relief.
It has been pointed out that Article 12 clause, should be made more open-ended alo CEDAW. The draft constitution put forward the fundamental rights chapter, and would, i The draft constitution states that a citizen sh Sex, gender, marital status, maternity and pa other prohibitions. Yet activists are of the ol international norms, and call for compliance
Domestic Violence
129 incidents of murder were col year, with husbands allegedly res.
Although 291 incidents of crime were reported in the press only 1
The above figures clearly illustrate the magi another crime against women which has bee therefore, to the back burner. Much lobbying
3 Article 12 (2)
4 Fernando VS Director, General Medical S
1993
5 Women's Rights Watch 1999, p. 13.
6 Ibid.

of non-discrimination
in the Constitution of Sri Lanka. In ells out a fundamental right to equality ion and enjoyment of human rights. Further, n the grounds of sex, among other specified a violation of fundamental rights. Additionally cquality, and exempts from legal challenge ageS on Women. 1978, not a single case claiming )lation of the fundamental right to equality
This is in contrast to the numerous cases that ndamental rights chapter for employment Drd one instance in which a woman medical 'd her suspension from internship, alleging lice complaint of rape by a colleague. The
of Health. The suspension order was mental rights action when she obtained this
(2) of the Constitution, the anti-discrimination ong the lines of the equivalent provision in by the government includes amendments to f implemented, address some of these defects. hall not be discriminated against on grounds of rental status, among a specified number of pinion that the clause falls short of accepted
with CEDAW obligations.
mmitted within the home during the ponsible for 83 or 65% is
against Women in the private sphere
resulted in sentences."
litude of the problem. Domestic violence is
in relegated to the private sphere, and,
by activists has now resulted in the issue
ervices, as reported in the Daily News of 3 July


Page 22
being given its due importance in the inter countries, including Sri Lanka, are still rel problem, let alone accept its existence.
Section 27 (12) of the Constitution of Policy and Fundamental Duties, which are that the state shall recognize and protect th then to protect the family unit at the expens Radhika Coomaraswamy, the UN Spe( defines domestic violence as -
violence perpetrated in the don because of their role within that to impact, directly and negativ sphere.7 (96/53/28).
She defines family as "the site of intimate p subjective rather than an objective definitio is more inclusive.
There is no specific legislation on don no specific provision in the Penal Code that a distinct crime. Nonetheless, prosecution f 310 (causing hurt) and Section 3 l l (causing also available through Section 341 (crimina to Section 3 l l grievous hurt can be caused sight of either eye, permanent privation oft member or joint, destruction or permanent i disfiguration of the head or face, fracture or endangers life or which causes the sufferer severe bodily pain or unable to follow his b. Grievous hurt was expanded by the 19 fracture of bone, cartilage or tooth, dislocat injury which endangers life, injury in conse abdominal or cranial cavities is performed, severe bodily pain or unable to follow his o the injury or any operation necessitated by t are: one year for hurt; three years/fine for h years /fine and whipping for grie Vous hurt: dangerous weapons or means. (Sections 34 In addition, Section 341 (Criminal For in this context, both being punishable by im fine of fifty rupees. Although the penal pro
7 Report of the Special Rapporteur on violc
Radhika Coomaraswamy, E/CN.4/ 1999/6

ational human rights regime. Yet many ctant to acknowledge the seriousness of the
Sri Lanka (the Directive Principles of State nerely guidelines for policy formulation), says family as the basic unit of society. Is the state e of the rights of women'? ial Rapporteur on Violence Against Women,
estic sphere, which targets women phere, or violence which is intended :ly on women within the domestic
ersonal relationships" and opts for a n, which is indeed a better definition since it
estic violence in Sri Lanka. Likewise there is specifically criminalizes domestic violence as or domestic violence is possible under Section grievous hurt) of the Penal Code. Redress is l force) and Section 342 (assault). According by emasculation, permanent privation of the he hearing of either ear, privation of any mpairing of any member or joint, permanent
dislocation of a bone or tooth, any hurt which O be, during the space of twenty days, in - Odily pursuits. 95 Penal Code amendments to include "cut or ion or Subluxation of bone, joint or tooth, luence of which the opening of the thoracic, and injury which causes the sufferer to be in dinary pursuits for 20 days either because of he injury". The punishments for such offences rt with dangerous weapons or means: Seven en years/fine/whipping for grievous hurt by to 317) ce) and Section 342 (Assault) are also relevant prisonment of up to three months and/or with isions are available to Victims of domestic
ince against Women, its causes and consequences, 3, 10 March 1999, para 16.


Page 23
violence, they are rarely used. Even when v informal mechanisms of mediation are genc Hence few prosecutions occur. Again, the f subject to psychological abuse and also tho resulting from domestic violence has been are not considered serious enough to Warra It also has to be noted that the 1995 a violence against women (including but not have irretrievably broken down, leading the judicial Separation.
Though there have been calls for sepa provide both criminal and civil remedies, S idea. Those who support the enactment of S domestic violence is a gender-specific crim result of power imbalances between two pe legislation. They argue that separate legisla also enable victims to obtain a civil remedy also result in the training of law enforceme There are also those who are of the op a conflict of interpretation and will lead to seriously as crimes covered by the Penal C domestic violence being marginalised. This police serve as gate-keepers to the criminal enforcement of existing legislation is suffic Gender bias, stereotyping and adherer underlie police interventions in domestic v. and gender bias of police, a special unit wa Headquarters in Colombo devoted to violer Women and children's desks were set up at Their functioning has, however, been critic understaffed by largely inadequately traine. resources.
Even if a woman decides to pursue th police, her ordeal does not end. Women wh legal examinations. Reportedly, numerous medical and social perspective. Consultatic fail to provide a sensitive environment for Such as pubic hair and swabs from the vagi be collected, the method of examination is the victim has suffered. It is only when the investigation reports are made available, w case is filed in the lower courts. In cases w
18 Centre for Women's Research (CEN WOR
Police Stations" (1997).

'omen do file complaints with the police, rally used in cases of domestic violence. act that the 1995 amendments exclude victims se who show only slight or momentary injuries strongly criticized. Reports from these women it criminal prosecution. mendments did not address the issue of necessarily confined to rape) whose marriages 'm to live separately without obtaining a
rate domestic violence legislation that would ome have expressed reservations about this pecial legislation point to the fact that e that is committed in the private sphere, as a ople, and therefore warrants special tion will not only create a support system but I. The advocates also point out that this would nt officers and other judicial officers. inion that separate legislation will only lead to domestic violence crimes not being taken as ode, which in effect would eventuate in
is a very valid point, especially since the justice system. They state that effective ient to combat the problem. ce to traditional views of women in the family iolence. In an effort to combat the insensitivity S established in 1993 at the Police nce against women and children. Subsequently, 33 police stations throughout the country. ized by lawyers and activists as being i officers who have access to few material
e matter further and files a complaint with the o file formal complaints must undergo medicoDroblems in the procedures exist from both a in rooms in State hospitals are inadequate and Victims, and in cases of rape where samples na as well as the clothes of the victim have to devoid of any sensitivity to the mental trauma medical reports, lab reports and police hich in many cases takes many months, that a here domestic violence is alleged, hospital
), "Evaluation of Women's and Children's Desks in
11


Page 24
staff routinely insist that the complainant bril admitted and examined.
When a complaint of domestic violence down the woman's complaint and set a date f before them for an informal inquiry. They hea offender not to repeat his action. If the woma police, the case may, depending on the facts ( referred to a mediation board. The offender m Complaints of domestic violence are ref and the Second Schedule of the Mediation BC person can make an application to a board fo1 recognized by the Penal Code.' Where the M settlement, then the case is referred to the Ma Magistrate's Court which is vested with jurisc undertake the prosecution of criminal cases. assume responsibility in these cases, and has counsel to handle cases of domestic violence. Reportedly the Ministry of Justice is pre the Criminal Procedure Code that would vest all sexual offences, excluding sexual harassm counsel who are not equipped to handle stron that empowers the woman victim remains.
Civil Remedies
The introduction of domestic violence legisla divorce laws will render any domestic violen mechanisms for separation and divorce on gr used by women because of the high level of S insensitive courts, insufficient alimony awarc orders compound women's alienation from th
A woman can apply for divorce on the g desertion, (2) adultery and (3) incurable imp does not exist in Sri Lankan law, which place divorce. Spousal abuse has been held to fall \ malicious desertion. In order to obtain a divo desertion, a battered woman must establish th home because of fear of harm to life and limb
Judicial separation where spousal abuse Civil Procedure Code which makes it possibl ground on which by the law applicable to Ce
9 Section 6, Mediation Boards Act No 72 of * Section 19, The Marriages (General) Ordin
12

g a copy of the police report before they are
is made to the police, the police will take r both the husband and wife to appear r both parties, and generally warn the n is not willing to settle the matter with the if the case and the gravity of the injury, be lay also be charged in the Magistrate's Court. erred to Mediation Boards under sec. 6(1) ards Act No. 72 of 1988. Accordingly any
the settlement of specific offences ediation Board fails to bring about a gistrate's Court. At present, it is the liction to try these offences, and the police The Attorney General's Department does not no special department, desk or trained legal
sently considering further amendments to jurisdiction in the High Court in respect of ent. Yet the problem of inadequately trained g prosecutions and use the law in a manner
tion without prior amendment of the existing ce legislation ineffective. Although legal Dunds of violence exist, they are not widely tigma attached to divorce. Further, ls and the difficulty in enforcing maintenance e law and legal remedies. .ܶ- ." rounds of (1) constructive malicious otence.' The concept of no-fault divorce San enormous burden on the party seeking within the definition of constructive rce on the grounds of constructive malicious at she was forced to leave the matrimonial
).
is alleged is provided for by Sec. 608 of the e to obtain a judicial separation "on any
lon such a separation may be granted . . ."
1988
a CC.


Page 25
The case law, which has drawn from both R. provided for judicial separation in cases in \ cohabitation with the defendant has become affairs was brought about by the unlawful co assault, sexual offences and other forms of c separation. All of these grounds must be pro unbiased witnesses and/or reliable friends o A judicial separation may be converted Civil Procedure Code states that "either spo by a District Court, apply to the District Col of dissolution of marriage, and the court ma not resumed cohabitation enter judgement a
Rape
The pre-1995 law relating to rape was antiq According to section 363 of the Penal Code. without her consent; or where her consent h, inti midation; where she is judicially separat consent was obtained when she was of unsol drugs or alcohol; with her consent when the under the belief that she is married to him; \ 16 years except when she is his wife who is him. Penetration is sufficient to establish se the part of the rape victim is not essential to without consent.
The 1995 Penal Code amendments mac regarding rape. The law requires that a pers ( the intention (mens rea) beyond all reasonab the person also had to prove that it was with meant that the victim had to prove physical absence of such evidence weakened the rape specifically abolished this requirement. The "evidence of resistance such as physical inju Sexual intercourse took place without conse As a result of the Penal Code amendm increased from 12 to 16 years; however, the statutory marital rape is concerned. The latt law permits marriages of twelve years and a the Kandyan and General law is presently 1: regarding rape with regard to a woman und Sexual intercourse with:
2 Section 608 as amended by Act No 20 of

man-Dutch and English Law principles, has vhich the plaintiff is able to show that further dangerous or intolerable; and that this state of induct of the defendant. Accordingly, cruelty, omestic violence are grounds for judicial ved by medical evidence, police reports,
relatives whom the victim has confided in. to a divorce after the lapse of two years. The use may after entering a decree of separation irt by way of summary procedure for a decree y upon being satisfied that the spouses have cordingly".
lated, and reform was long overdue.
rape is sexual intercourse with a woman as been obtained by use of force, threats or ed from the man; with her consent when her und mind, in a state of intoxication induced by
man knows he is not her husband and she is with or without her consent when she is under over 12 and not judicially separated from xual intercourse and evidence of resistance on
prove that sexual intercourse took place
ie significant changes to the provisions on alleging rape prove the act (actus reus) and le doubt. In addition, prior to the amendments out her consent and against her will. This resistance to establish absence of consent. The ; victim's case. The 1995 amendments
explanation to the new section states that Iries to the body is not essential to prove that ht."
2nts, the age of statutory rape has been age of 12 years has remained as far as er would apply only to Muslims since Muslim bove. (Note: the minimum age of marriage in 3 years). Thus, the present legal position er 16 years could be summarized as follows;
1977.
13


Page 26
(i) a girl under 12 years will constitute rap
(ii) a girl under 16 years who is not a wife
(iii) a girl who is over 12 years and below 1 irrelevant) unless the wife is judicially
(iv) a girl who is over 12 years and under 1
rape whether there is consent or not,
The Penal Code amendments of 1995 for the rape as particularly egregious forms of rape' of rape is committed by one or more persons group committing or abetting the commissio committed gang rape". According to the new officer or a person in authority takes advant: on a woman in his official custody in a rema woman in hospital. Yet this provision is not the evidentiary burden is shifted onto the au Although the measure may appear draconian means vis-a-vis the institution renders it eas rape. At the best of times rape is a hard crim therefore, where an institution is concerned evidentiary requirements.
The amendments also introduced enhai Violence. According to the schedule of enha minimum sentence for rape is seven years w fine is imposed, and compensation is grante the compensation is left to the discretion of In the case of aggravated rape (gang ra pregnant woman and rape of a physically or sentence is 10 years while the maximum is 2 minimum sentence is 15 years while the may The government introduced the concep amendments to the Penal Code in 1995. It, h Muslim and Catholic lobbies which thwartec strong opposition the government did introd Spouses. The resultant change in the law w women very rarely resort to judicial separati
22 Section 364, Penal Code (Amendment) Ac 23 Section 363 (a), Penal Code (Amendment) As pointed out by an acknowledged acade
Prof. Savitri Goonesekere, Realizing Genc CEN WOR, 1995 p. 33.
14

le, regardless of consent,
will constitute rape regardless of consent;
6 years would not be rape (and consent is separated;
6 years but who is judicially separated will be
first time recognized custodial rape and gang . The section states that "where the offence in a group of persons, each persons in Such a n of such offence is deemed to have
section custodial rape is where a public age of his official position and commits rape ind home, place of custody or institution, or a as far reaching as in other countries. In India thority to prove that rape did not take place.
in nature, the victim's lack of power and ier for the institution to contest a charge of he to prove due to the corroboration rule: it would be in a better position to deal with
nced punishments for crimes of sexual nced punishments in the amended laws, the hile the maximum is 20 years. A mandatory d mandatorily, but the amount of the fine and the court. pe, custodial rape, rape of a minor, rape of a mentally disabled woman), the minimum 20 years. In the case of statutory rape, the kimum sentence remains the same. t of marital rape in its initial proposals for owever, encountered opposition from the i the government's efforts. In spite of the uce marital rape between judicially separated as "so limited as to be superfluous" because on.' The principle that equates marriage
it, No. 22 of 1995.
Act, No. 22 of 1995. mic and authority on gender law, der Equality through Law: Towards Change,


Page 27
with unimpeded access to women's bodies a even after the revisions to the Penal Code.
Lacunae still exist in the Penal Code. T intercourse and precludes insertion of object addition, the woman and the prosecution has past sexual history can be introduced into ev stumbling block women face in proving rape While the formal law has been changed prosecuting rape cases are caused by rules o watershed in the legal history of rape in the Kamal Addararachchi, who was convicted f sentenced to ten years RI. In this case, the that was strongly feminist in relation to the consent could be inferred. It was pointed ou get into a man's car at night or go into his ht She consents to sexual intercourse with him. militates against the modern-day notions of
According to the decision, a man may ascertain sufficiently and strongly whether t intercourse. Interestingly, the judgement pr most of whom were fans of Kamal Addarara men employed age-old arguments of victimfor it" by getting into the accused's car at ni seen as interpretation of rape in relation to the conventional manner in which an "Easte
Sexual Harassment
The law on sexual harassment was introduct 1995. Prior to 1995, the Sri Lankan law reli non-statute law, which had little effect in re (and presently on appeal to the Court of Ap upheld on the grounds that the accused had
soliciting sex from a woman employee in re judgement, the judge refused to accept the c complainant was an untrustworthy witness,
woman... testifying about embarrassing circ journey which many other women would dre creative interpretation of an existing statute
25 Kamal Addararatchi v The Republic, Cast
Western Province, 22 December 1997. Republic of Sri Lanka vs. Abdul Rashak F

nd sexuality underlying the law remains intact
he definition of rape is confined to sexual is or other forms of degrading treatment. In ve to prove the absence of consent, and even idence. The corroboration rule is yet another
l with regard to rape, problems in f evidence. A recent case, which marks a country, is the case of a well-known actor, )r the rape of one of his female fans and
Colombo High Court delivered a judgement interpretation of rape and the manner in which t that the mere fact that a woman consents to use does not carry with it the inference that To maintain such a position, it was stated, gender equality and dignity. be held criminally responsible if he fails to he woman does, in fact, consent to sexual ovoked protests by members of the public, chchi, the convicted actor. Both women and blaming, hypothesizing that she had "asked ght. The decision was criticized for what was 'Western" notions of behavior antithetical to rn" woman should behave.
2d as part of the Penal Code amendments of ating to Sexual harassment was regulated by all terms. In a High Court case decided in 1994 peal), a prosecution under the Bribery Act was "solicited an unlawful gratification in turn for a transfer". In a noteworthy ontention of counsel for the accused that the finding that "she was a young married umstances ... and (that she had) embarked on a ad to undertake". This case is an example of
to combat violence against women.
2 No. 7710/96, Decision of the High Court of the


Page 28
The 1995 amendments to the Penal Cod harassment. (Section 345) as a replacement c modesty of a woman.
The new section 345 provides that a person \
(i) by assault or use of criminal force sexu
(ii) by the use of words or actions causes sc person commits the offence of sexual h
The explanation to the section provides that actions used by a person in authority, in a wo constitute sexual harassment. Sexual harassn five years and, based on the discretion of the been initiated under Section 345.
Incest
The 1995 amendments also introduced the cr girl-child. Section 364A states that whoever stands in a relationship specified in the provi not a factor, and prosecution can be commen Attorney General. The offender is liable to b years and not more than twenty years.
Abortion
The 1999 UNFPA report states that 750 (ille Many of these are conducted under unsanitar death of the woman. Yet abortion continues t circumstances. Section 303 of the Penal Cod that abortions can take place only if it is "do "saving the life of the mother". The explanat causes herself to miscarry is within the mean A person conducting an abortion is liab who causes death by an act done with intent be imprisoned for a maximum term of twenty in cases of rape, incest or genetic disorder. A sought to legalize abortion in cases of rape a Penal Code, but the proposals were withdraw
27 Section 305, Penal Code.
16

e introduced the offence of sexual f the earlier offence of outraging the
vho
ally harasses another person or
:xual annoyance or harassment to another ara SS ment.
un Welcome sexual advances by words or rking place or any other place shall hent is punishable by imprisonment up to
court, a fine. Up to date, no prosecution has
ime of incest to protect the interests of the has sexual intercourse with another who isions commits the crime of incest. Consent is ced only with the written consent of the e imprisoned for a term not less than seven
gal) abortions take place in a day in Colombo. y and unsafe conditions and result in the o be illegal in Sri Lanka except in specified e creates the offence of abortion and States ne in good faith" and for the purpose of ion to the section states that "a woman who ing of this section". le to up to 7 years imprisonment, and one to cause a miscarriage (abortion) is liable to years and a fine?. Abortion is illegal even S in the case of marital rape, the government nd incest in the 1995 amendments to the in due to the Muslim and Catholic lobbies.


Page 29
Women's Access to Justice
Numerous factors impact upon and limit wor against Women. Although statistics are not di alleged cases of hurt or grie Vous hurt, advoc; victims of violence. Women's lack of reporti) pressures and obstacles embedded in the crin Socially, women carry the burden of sti Lanka there continue to be high levels of Stig women choose not to marry and to live on th widowed, single women are perceived to be married sisters. They are also often perceive exist outside the traditional family structure. system. The justice System has a gender bias violence, and thereby legitimizes and entren. violence in cases of Violence against women In Such a setting, women's access to jus social dictates. In many cases Women do not accessible. Even when they do perceive the have no desire to expose themselves and the Hence many women do not report the violen When women do wish to seek legal ren prohibitively high. Organizations such as La and Women in Need do provide low-cost leg women. However, such organizations are Vas needs of victims of violence against women. Legal delays serve as another impedimi reports in the Daily News of 5th November rape had taken 12 years and eight years respi to circumvent law delays in Some highly pub Kumaraswamy case and the Rita John case, process. Trials at bar circumvent the normal Even when Victims ultimately gain acc barrage of hostile questions by defence lawy The victim's morality will be put under scrut attacker. Defense lawyers call upon a large r cases on behalf of the accused, and will port by revenge", "apt to exaggerate" or "hysteric shaming her husband and/or wrecking the m best kept behind closed doors. Thus women and then by the criminal justice system.
Rarely are cases of domestic violence a light Suspended sentence (on a plea of guilt for good behavior" or a small fine. In any ca the case of domestic Violence, the victim oft than relieved, in most cases to suffer further sentences and the lack of serious punishmen

men's access to justice in cases of violence isaggregated in terms of domestic Violence in ates attest to low levels of reporting by ng stems from both social and familial ninal justice System. gma for marital problems and divorce. In Sri gma attached to single women. Whether eir own, or whether they are divorced or more vulnerable to violence than their d as "prostitutes" or "loose women" since they Such stigma is often validated by the justice that works against Women victims of ches social stereotypes about women and
tice is hindered by spoken and unspoken view the criminal justice system as )olice and/or courts to be accessible, they may ir families to public ridicule or scrutiny. ce that is committed against them. ledies, the costs associated with litigation are wyers for Human Rights and Development al Services to victims of violence against stly under-resourced and thus cannot meet the
ent to women's access to justice. According to 989 and 23rd November 1990, two trials for ectively. Recently, there has been an attempt licized rape cases, such as the Krishanti oy appointing trials at bar to expedite the
summary proceeding at the magistrate's level. 2SS to the courtroom, they often have to face a ers and, in many cases, unsympathetic judges. iny, as will her attempts to resist or repel the epertoire of gender Stereotypes to pursue their ray women negatively as "bold", "motivated al". The woman may also be castigated for arriage by publicly exposing matters that are are twice victimized. First, by the perpetrator,
gainst women, punished with more than a being accepted), "binding the accused over se, substantive relief is not forthcoming. In en must return to her home, shamed rather
battery from an enraged husband. Thus light t subject women to increased violence.
17


Page 30
In the case of rape, the victim leaves th reputation shattered. She is condemned as "v not surprising that women prefer to travel to their woes rather than seek justice from a leg victims of violence; and which instead funct that tend to either patronize or condemn vict embedded deep within the judiciary also con myths and results in gender-insensitive judg that impedes the promotion and protection o Stereotypes in rape cases are:
A woman who says no to sexual interco
Provocative clothes are an invitation to
Women can be classified in two categon able, whereas whores (or women with a raped.
In cases of gender-based violence, the woma equals in the courtroom, regardless of existir a woman with regard to sexual offences com. own, without independent corroboration. Thi corroboration by a source other than the won forward the testimony of an independent per had occurred). A 1996 case held that this ci jury is satisfied with the veracity of the evid to the horrific facts of the case to explain the exception to the general rule.
According to Joseph Vs June De Silva 1 independent evidence to challenge the man's said the judge "the man's oath must, under ol oath". In such a judicial environment, victim shrift.
In the above mentioned case for instanc Vs Republic of Sri Lanka 1975/78 NLR 63) an accused in a rape case on the basis of the decide that the woman's allegation of sexual Goonesekere has pointed out, "the judicial p woman's testimony on oath undermines the v adequate evidence of sexual intimacy"?”. Pro the 1995 amendments to the Penal Code also
Punchibandunge Wijesinghe Rajaratne vs Supra n. 15 at p. 39.
9
18

e courtroom with her dignity and her reak". "helpless" and "ruined for life". It is holy shrines and pray to the gods to alleviate al system that does not respond to women ons on a set of assumptions and stereotypes ims of violence against women. Gender bias tributes to the existing misconceptions and ments which operate in a detrimental manner
the human rights of women. Common
urse often means yes
Sexual assault
ies - Virgins and whores. Virgins are rape
questionable sexual history) cannot be
n victim and the male offender are treated as ng inequalities. For example, the testimony of mitted against her is rarely believed on its s is due to judicial attitudes that insist on han victim. (i.e.: the victim has to bring son to support her assertion that an act of rape autionary rule may be ignored so long as the ence. Commentators have, however, pointed
Court of Appeal's decision to make an
990 2 SLLR 175 a woman must introduce oath when the man denies seduction. If not, ur law, be taken in preference to the woman's s alleging domestic violence get short legal
:e, the court cited an earlier case( Karunasena which had accepted that a court can convict testimony of the victim, and went on to intimacy had been proved. However, as Prof. ronouncement on the significance of a iew that a woman's own evidence can be ceedings in Parliament during the debates on
illustrate the gender bias that fuels law
The Attorney General CA 23/01/1996


Page 31
making in Sri Lanka. A memo addressed to Women's groups comprised of women who h proceedings in Parliament showed the exten amendments had been misconceived. "The p preSS, Suggest that the Penal Code amendme women as the weaker sex, in need of the sai international and constitutional commitmen Charter, Suggest that women are recognized economic and social progress. Our understa Code were introduced by this government it against Women is recognized today as a Seri women. State intervention is meant to prote a concession to the weakness of their sex."
The parliamentary debates on the pass clear and obnoxiously patriarchal bias on th marital rape and the watering down of the e only to judicially Separated Spouses, parlian House at the end of the debate remarked tha compromise" (in the context of cultural diff adopting the same absolutist Stand as in the recognition of the fact that the offence had to be ineffective in actual practice. The enti that the women MPs in the House played ve alone contribute in a gender-sensitive mann been minimal comes as no great Surprise, gi of the House in passing them in the first pla
It is thus evident that the Sri Lanka leg women in a sensitive manner. An examinati illustrate gender bias existent within the sys reform.

the Minister of Justice by a coalition of had been engaged in drafting the amendments t to which the rationale behind the roceedings in Parliament, as reported in the nts were approached as an effort to protect me protection as minor children. Sri Lanka's ts, recently recognized in the Women's
as citizens and equal partners of men in inding was that the amendments to the Penal h recognition of those values ... Violence ous infringement of the human rights of ct women against such infringement and is not
ing of the amendments showed, therefore, a e part of the speakers. When, in reference to arlier amendment so as to make it applicable nentarians in commending the Bill to the it the final outcome "was a fair and reasonable erences that were said to preclude us from
UK). There was, in effect, minimal been whittled down to a shadow of itself so as re debate was also characterized by the fact 'ry little part in the formation of the debate, let er. That the practical effect of these laws has ven the lackluster political will on both sides
CC. gal system has not responded to the needs of on of the system and the laws in place stem and highlight the need for practical
19


Page 32
Chap
Statistical
Statistical Description of the Areas
Some statistics obtained from the Economic a 1981, the last available year on the three areas
Anura dhapura
Total Population: 587.8
Urban 41.7 (7.1%) Rural 544.6 (92.7%) Estate 15 (0.2%)
Buddhists 90.2% Hindus 1.0% Muslims 7.5% Christians 1.2% Others 0.1%
Sinhalese 91.3% Tamils (SL) 1.4% Tamils (I) 0.1% Moors 7.1% Burghers 0.0% Malays 0.0% Other 0.1%
1993: Anura dhapura
Birth Rate 21.1 Death Rate 4.1
Uni Admission: 238
(for 92/93)

ter 3
Summary
nd Social Statistics of Sri Lanka (1995) for s studied, are:
Nuwara Eliya Matara
522.2 644.2
37.9 (7.3%) 71.5 (11.1%) 171.7 (32.9%) 552.6 (85.8%) 312.7 (59.8%) 20.1 (3.1%)
35.4% 94.6% 55.6% 2.4% 3.0% 2.6% 5.8% 0.4%
0.1% 0.0%
35.9% 94.6% 13.5% 0.6% 47.3% 2.2% 2.8% 2.6%
0.1% 0.0% 0.2% 0.0% 0.2% 0.0%
Nuwara Eliya Matara
26.3 20.8 9.0 5.1
16 378


Page 33
Sample of the field research
We spoke to a total of 62 women from the Matara. Ten interviews were discarded fror violence against women that fit into our st interviewed as well. The service providers Niladharis, Samatha Mandalaya members, personnel. The following is a breakdown o
Age
Under 15: O1 15-20: O2 21-25: 09 26-30: 11 31-35: O4 36-40 07 41-45: 06 46-50: 03 51-55: Ol 56-60: O1 Unknown: 07
Type of Marriage
Arranged: 17 Choice: 24
Mixed marriage: 3
Ethnicity
Sinhale Se: 41 Tamil: O8 Muslim: O2
Education:
Advance Levels: 02 Ordinary Levels: 04

areas of Anuradhapura, Nuwara Eliya and n the final results, as they were not cases of ldy. Forty-one service providers were included the police, courts, doctors, Grama community leaders, religious leaders, and NGO four sample of women.
Age at Marriage
Unmarried: 04
15-20. 20 21-25: 09 26-30: 03 31-35: O1 36-40: 03 Unknown: 12
Number of Children:
0: 05
1-2: 24
3-5: 17 O Ver 5: 02
Religion
Buddhist: 40 Hindu: 08 Muslim: 02 Christian: O1
Some grade school: 06 None: 04 Unknown 36
21


Page 34
Having Own Income Yes: 27 Sometime: O3
Ownership of House Wife: 17 Husband: 21
Type of Violence Domestic Violence Domestic Violence/Marital Rape Domestic Violence/Family Violence? Domestic Violence/Marital Rape/Family Vic Domestic Violence/Sexual Assault Domestic Violence/Incest' Domestic Violence/Marital Rape/Rape Rape/Family Violence Incest Rape by Boy Friend Rape Rape of Child? Family Violence Sexual Harassment/Family Violence Domestic Violence threats
30 Domestic violence in this study was defin
common-law spouse, boyfriend, lover. 3. Marital rape in this study was defined as f
law spouse, estranged husband, estranged - Family violence in this study was defined
brothers, in-laws, grandparents, Sons, gran 33 Sexual assault in this study was defined as with sexual intent. This includes use of ob organs, forced kissing, touching breasts et Incest in this study was defined as sexual grandparents, father, brother, Son. Rape in this study was defined as forced v of violence, actual violence, or through us 36 Rape by boyfriend in this study was defin
of the woman. 37 Rape of child in this study was defined as
below the age of 15 years. 38 Sexual harassment in this study was defin woman which results in the woman feeling
34
35
22

No: 09 Unknown: 13
Location Plantation: 12 Village: 39
25 12
O2 lence Ol O1 O1 Ol O1
O1 02 O1 O O1 O1 O1
2d as physical violence inflicted by a spouse,
orced sexual intercourse by a husband, commoncommon-law spouse. as physical violence inflicted by a parent, dsons, cousins, nieces and nephews.
any physical assault, other than rape carried out jects in a sexual manner, touching of sexual
C.
activity involving female child/woman and
aginal or anal sexual intercourse, either by threat e of drugs to render un consciousness. :d as forced sexual intercourse by the boyfriend
forced sexual intercourse perpetrated on a female
d as behavior, speech or physically touching a sexually victimized, intimidated, and frightened.


Page 35
Other Kinds of Violence Economic Abuse”
Social Abuse' Verbal/Emotional Abuse
When Violence began
Before Marriage 3 Immediately 8 After one month of marriage and
before one year of marriage 6 After one year of marriage 2 After 2-5 Years of marriage 12
After more than 5 years of marriage 4
Severity of Violence Severe 16
Moderate 23
Violence directed at Children
Yes 13 NO 1 O Violence witnessed by
Children but not experienced 1
Police assistance sought Yes 38 No 12
Support received from his family members
Yes 09 No 25
Support received from community leaders
Yes 10 No 08
39 Economic abuse in this study was defined as
property etc. Social abuse in this study was defined as havi outside world, clothing etc. Verbal and emotional abuse in this study was woman through abusive language, threats etc.
40
4.

19 10 27
Frequency
Every day 2 Occasionally 21 Constant
Violence during Pregnancy Yes 21 No
Medical assistance sought (traditional and non-traditional) Yes 25 No 16
Support received from her family
members: Yes 35 NO 5
Support received from neighbours Yes 19 No 07
Support received from Women's
Organisations Yes 10 No 13
he withholding of money, taking the wife's money,
ng control of the woman's movements, contact with the
lefined as psychological abuse perpetrated on the
23


Page 36
Perception of why the violence occurred Dowry Alcohol Money Adultery: (husband's)
(both) Failure in wifely duties No reason
Ever left husband/home Temporarily
Permanently
Never
32 14 16 01 03 09
17 06 16

24
Suicide by women Attempted Thoughts
None
Current State of Marriage Abandoned by husband Separated from husband Divorced from husband Together
Widowed
15 09 02
12 13 04 17 O1


Page 37
Cha
Results of
Identifying and documenting the forms and the community in selected populati
For the purpose of this study domestic viole violence and sexual assault' were consider experienced together with one or more of th abuse, defined as the withholding of money. (2) social abuse, which was defined as cont the outside World, clothing etc and (3) psyc emotional abuse. Of those being looked at, common form of violence against women'.
Domestic Violence
Sometimes when I am feeding th curry is on the fire, then he will head. If the tea doesn't have enou my face... I am very frightened of All men whether they are brother
A United Nations report on violence agains abuse by the perpetrator; family history of v and Social factors; and culture and structura existence of violence in the home'. In this being a primary cause for the violence, but adultery, financial problems, dowry and fail to the violence. The inclination to co-relate inevitable; however, it was also apparent th hard lives. Many of the women stated that t physical labour they were involved in durin
42 See footnotes 30-40 for definitions of the 43 When reading the results and analysis of Small Sample, and generalisations on our
44 Preliminary report submitted by the Speci

pter 4
the research
of violence against women in the family
OS.
ince, marital rape, rape, incest, family ed. Other kinds of violence which were e above categories above were ( l) economic
taking the wife's money, property etc; rol of the woman's movements, contact with hological abuse, defined as verbal and domestic violence was found to be the most .
le baby the lunch gets late and the come and hit the pot of rice on my gh of Sugar he comes and pours it on him. All the time I am frightened ... s or husbands hit women.
t women in the family cites alcohol and drug violence; provocation by the woman; economic
inequality, as some of the reasons for the study many of the women cited alcohol as in addition there were other problems like ure to perform wifely duties that contributed alcohol and domestic violence seems at these men and women led economically heir husbands drank because of the hard g the day. Doctors told us that male estate
different categories. the study it should be kept in mind that this is a findings cannot be made. al Rapporteur on Violence against Women. 994/45
25


Page 38
labourers needed the alcohol at the end oft their economic hardship. Alcohol was also violence on women brought upon by econo to link acts of violence against women with that also contribute towards the violence.
The women we interviewed have been pregnant, thrown, kicked, attacked with rod cigarette butts, had kerosene thrown over th throttled, and bitten. They have endured ma have sex in front of their children.
The frequency of violence in the cases domestic violence was portrayed by these w not daily. On a day he might hit me but the instances it was torture, as in the case of a \ by her husband on her wedding night. "First like a nightmare. If I had poison that very in thrashed me".
Marriages of choice were common am women who had experienced violence befor continued with the relationship in the belief The most common reply however, was that after marriage. Most women experienced vi Who said they experienced constant violenc they had experienced violence in their lives from severe to moderate, with most of the W violence'. Violence during pregnancy had b in some cases their children had also experi reflecting a sense of resignation to her situa or hands or on the legs. He beats me all ove apparent that many of the women believed t lives, be it at the hands of husbands, fathers While many of the women had attempt of them came back. Lack of long-term fami women to return to the environment of violi role of women in society mythologize that v assign great respect and loyalty to them. Ho collapses if they challenge the Subservient a mechanisms ostensibly in place to address t the Women and Children's police desk, Gra committees, ironically promote and encoura violence under the guise of maintaining the
45 Occasional violence was defined as viole
defined as violence inflicted every few w 4() Severe injury in the research project was
and scratches.
26

he day. Alcohol was used by the men to forget used by the men to release impulses to nic frustration. Therefore, it seems simplistic alcohol without looking at the other factors
beaten on their heads, legs, stomachs when S. knives, chairs, broomsticks, burnt with em and Set alight, thrown against iron pipes, rital rape, sexual humiliation, and forced to
of these women varied. In some instances omen as a matter-of-fact event, "He hits but next day he won't do anything." In other woman who was beaten and raped repeatedly
day We got married ... that night was really ight I would have taken it. He thrashed and
ong the women, and of those there were some e marriage. They rationalised that they had
that the violence would cease after marriage. the violence had started between 2-5 years Olence occasionally, though there were some e, and there were two women who claimed
every day'. The severity of violence ranged vomen experiencing moderate expressions of been experienced by many of the women, and enced the violence at home. One Woman tion says, "I can't say he beats me on the face r. with anything he lays his hands on." It was hat violence was to be a part of their daily
O SOS. ed to leave their husbands, we found that most lial, community or state support forced the 2nce. Patriarchal notions on the family and the women are at the core of the family, seeming to Wever, this conditional Support of Women ind limiting role assigned to them. State he solution of violence against women, like ma Niladharis and Samatha Mandalaya ge the Woman to remain in a situation of stability of the family. It thus seems that the
ince inflicted every few months; "Constantly' was eeks. defined as being injuries more severe than bruises


Page 39
stability of the Sri Lankan family lies square
is harmful to her or not.
In subsequent sections we will illustratt
in the situation of violence against Women.
Case study on domestic violence
Menike“7 was 27 years old when she spoke ti years old and her father was left to look after was very strict with her and would frequently was given more household responsibilities, th times he would threaten to kill her by making late. One time she attempted suicide by drink go into with us was prevented from dying.
Her father forcibly married her off at th marriage, her husband had already been marr her father told her that she must marry this m "The moment a dog barks he does not bite", r to bite but eventually he does. Her father disr husband when he came to her village with 12 village. Her father was 65 years old at the tim Six months after marriage she gave birth planning injections for three years, and at the daughters, aged 9, 4 and 3% years old. She liv the house that was begun by her father for he wife lived in a nearby compound. She now liv was sold. She traces the violence that her hus youngest daughter's conception. Her husband When he was drunk he would assault her both died she confided in her brother, who took he against her husband for Selling liquor and the against her. The police came to their house ar selling liquor in that village and that it would When the police left, her husband scolded he having sexual relations with each other.
When she was in hospital for her young informed her that he was going to sell the hou sell the house. That if he did, she would be le worship him every day but to please refrain f house anyway. She heard that he had sold it f Rs. 2,800 by him with no explanation given b subsequently went to live in his parents' villa
47 Names of the women have been changed to

y on the shoulders of the woman, whether it
the attitudes of state and community actors
us. Her mother had died when she was five his two daughters and two sons. Her father assault her physically. As she got older and e assaults by her father increased. Several her drink insecticide if she served his food ing insecticide, but for reasons she did not
: age of 18. Unbeknown to her at the time of ed to her sister's (relative) daughter. When an, she expressed her state of mind by saying neaning that a barking dog may take his time egarded her fears and she was married to her of his relatives, as is the custom of the he of her marriage. He died soon after.
to her eldest daughter. She took family time of speaking with us she had three red with her family on her ancestral land in
and completed by them. Her brother and his ses in her husband's village after her house band inflicts on her from the time of her had started drinking and selling alcohol. verbally and physically. After her father r to the police station and made a complaint verbal and physical abuse committed d informed her husband that he shouldn't be be better if he did not drink liquor as well. and her brother, and accused them of
st daughter's confinement her husband se. She begged and pleaded with him not to ft with nothing. That she was willing to om selling the house. But he sold the r a sum of Rs. 3,000 but was only shown y him for the missing sum of money. They ge in a small house that was built for them
2nsure confidentiality.
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by his parents. The house is now almost falli impossible to live in due to severe leaking. S some paddy land of hers for Rs. 10,000. She it on drinking.
After marriage Menike discovered that She was informed of a letter written by him had promised to stop harassing and assaultin two witnesses.
Menike's ill treatment at the hands of h whatever came into his hand. She has been h poles. He has hit her on the back, spine, stor pregnant. When she went for medical treatm the causes of her bruises. She legitimised he very bad to talk against one's husband. He h threatened to kill them, and the children are the household bicycle in anger.
Each time Menike goes to the police st; and the wife to live in peace and harmony. S police. However, each time they are merely a says that the moment they leave the police st He accuses her of having sexual relations wi having sexual relations with other men in thi or goes to the jungle to collect firewood. Sh Her husband lost his job and now is too day labourer. As their income is sporadic, th Most often they are able to eat just once a da
Menike's husband has often forced her escape, but most times it has not been possib with her in front of the children as well.
Menike has left her husband once. She neighbouring village. When her husband can aunt advised him to stop verbally and physic She now feels a sense of hopelessness at tryi if she runs away he will hit her even more. S but he insists that he is her legal husband an
Menike sees a better future for herself tells us that she could go anywhere, even ab) be peaceful and where her children will not severe headaches due to the beatings. When children weep and wail and ask her not to le husband's parents have asked her to separate now, all Menike feels she can do is advise of husband for at least five years before they cc interview by saying, "Now I hate the entire I

ng apart, and during rainy weather is subsequently she discovered that he had sold never saw any of that money as he had spent
her husband ill-treated his first wife as well. and in the first wife's possession, where he g her. The letter was signed in the presence of
er husband became worse. He hit her with it with a katti, mamotty, axe, and wooden nach and head, and even when she was ent to the doctor she lied to the doctor as to r avoidance of the truth by saying that it was as now begun to hit the children. He has terrified of their father. He has even Smashed
ation to complain, they advise the husband he has made complaints four times to the advised and sent back to their house. Menike cation the abuse and assaults start once again. th all the policemen. He accuses her of e village when she goes to the river to bathe 2 has thought about ending her life.
drunk to even sell liquor. He has become a ey are lucky if they have two meals a day.
ly. to have sex with him. She cries and tries to ble to escape. He has forced sexual relations
sought refuge at her aunt's home in a ne looking for her with her youngest child, the ally abusing Menike. But it was of no avail. ng to run away. She explains it by saying that he has threatened him with a legal separation, d she cannot get a separation from him. if she can be separated from her husband. She road. She imagines a life without him that will continue to suffer. Today Menike suffers from she voices her wish to leave her husband, her ave them with their father. But, even her
from their son and live somewhere else. For ther women to get to know their future Dmmit to marriage. And she ends our male community because of one man."


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Rape
He threatened that he would live or me around. He did not allow me he would be there whenever I tu to love him. He came and told my to marry me. My mother object objecting, but I will go against th me and I came and told my moth was going to take medicine to k have been destroyed... I was rape from work. It must have been arou did not know he was there. It was He caught me near the road where let me go. I yelled but he did not what happened. I came home and There were people walking downt state and was wondering if I shoul I did not let others know.
In our sample we encountered six women wh child. Two were raped by their boyfriends, O women were subsequently married to their ra
We found that in our study of rural Sri promise. Which means that in their minds se understanding that marriage was to follow it. the man didn't want to marry the woman, it v raped her, for he had had sexual intercourse understanding of rape was also found to be S with the women. There were also some insta used rape to teach a lesson to the girl or her enough for her, or to prevent her from being the woman was a way of ensuring that she co used the stigma of rape to force the womant separation or with the husband abandoning til cases the woman agreed to marry the rapist C The authorities, such as the police and Sama same premise, and often forced or negotiatec The rapist most probably agreed to marry the dropped against him. There have been instan and cut off from society and not received an Rape has been used as an instrument of instrument of revenge and as an instrument ( Virginity is prized, an unmarried rape victim for life. The belief that "good women" canno place the blame of the rape on the woman an

ly with me and that he would follow to live in peace. Wherever I went ned around. So I had no choice but mother that he loved me and wanted d to it. He said your parents are em. And he forced me... He forced r that he had made me upset and I ill myself because all my dreams d on the road, when I was returning nd 6.30 pm... I was coming alone. I 6.30 pm really late and I was alone. there were tea bushes and would not let me go. After that I don't know told my mother all what happened. here, but I was so ashamed as to my d take medicine to kill myself that
o had been raped. One was the rape of a 'ne was raped by a neighbouring boy, and two pists. w Lanka the women define rape as breach of Xual intercourse was undertaken only on the , If after some time or after getting pregnant was understood by the woman that he had with her under false pretences. This upported by the social workers who worked nces of revenge rapes. In these cases, men family for not having thought him good given in marriage to someone else. Raping ould not marry anyone else, and thus the rapist o marry him. Often these marriages ended in he woman Soon after the marriage. In some ut of fear that no one else would marry her. tha Mandalaya Board, operated under the | marriages between rapist and rape victim. : Woman in order to have the rape charges ces where the rape victim has been ostracised
community support for her plight. control, as an instrument of war, as an f torture. In countries like Sri Lanka where can face social ostracism and be victimised it be raped and "she asked for it" serves to d reinforce a sense of helplessness on the
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part of the victim and her family. In these si may force the rape victim to conceal the rap justice. Sri Lanka has no rape crisis centres, victim in her ignorance of how to react in su of the rape, thus making it even more diffic which is the first point of entry to accessing cases to be handled by the women's and chil undergo an arduous and emotionally brutal ( establish the charge of rape. Rape victims w of confidentiality with regard to their case. women's ward with their case discussed pub victim." In addition to all this, once a rape testimony needs to be corroborated. Underst reluctant to access the necessary sources in social and legal attitudes that govern rape se rapists and potential rapists get off with no
Case study on rape
Fathima is a 32-year old woman with two ch life. When she was a young girl of 18 years, during the day; while her sister was at work raped her. After two or three months she rea family about the rape and the pregnancy. Th family scolded her and wanted her to get rid pregnant, they left her at her sister-in-law's child she was advised by her family to give had raped her had at first agreed to register hospital. Three months after the birth the fa Fathima continued living with her family an and the child. When the child was nine year. the village and offered to marry her in a lett converted to Islam for the marriage. Soon all became very possessive and Suspicious of hi he went out. He didn't drink much and used Fathima the beatings didn't seem to be relat beat her and abuse her any time of day. Two conceived. One night when that child was fi
48 The researchers were taken to a general fi
shown a rape victim by a doctor who aske nurse proceeded to elaborate on the rape ers to be briefed on the case in another ro
30

uations, understandably, shame and stigma 2. The rapist in most cases is not brought to no shelters, no hotline. Very often the rape ch a situation has washed away any evidence ilt to establish the rape. The police station, help for a rape victim, does not allow rape dren's desk. Frequently the rape victim has to incounter at the hands of male policeman to ho are admitted to hospital have no protection They often end up in a bed in a general licly with no consideration given to the rape case is heard in a court of law, a rape victim's andably, a woman who has been raped is most Drder to obtain help. Thus the complicated 'em to fail the rape victim and ensure that repercussions for their crime.
ildren, She has lived in Hava Eliya all her one of her brother's friends came to her house and her sister's children were at School, and lised that she was pregnant and informed her e boy denied all allegations of rape. Her of the baby. When she was six months house until she had the baby. After she had the the baby away, but she refused. The boy who the child in his name but did not appear at the her of the child went away from the village. d working as a domestic to provide for herself sold the father of the child appeared back in er to her sisters. He was a Sinhalese boy who ter the marriage he began beating her. He is wife and took to locking her in a room when to take a little bit of ganja, but according to d to his drug use. He would use an iron rod to months after the marriage another child was ve months old and Fathima was sleeping, in
male ward in the Nuwara Eliya Hospital and d a nurse to fill them in with the details. The :ase publicly and had to be asked by the researchO.


Page 43
the early hours of the morning her husband parts. She awoke screaming and in pain and The doctors at the hospital asked her to file However, her husband who was working as from being filed by rousing the police offic The police taunted her and refused to file a a divorce from her husband and approached dissuaded her from it by placating her that t reconciliation between Fathima and her hus months to heal, during which time she was for her. Soon after the acid attack her husba and brother approached the police once agai however, the police taunted them saying tha
Fathima now lives with her niece and manages to eke out a living for her two chil saying the boy must have drugged her and si her. She awoke to find him sleeping beside
Fathima explains that the only reasons no one else would marry her and take care o objected to her marriage, her fear of having agree to the marriage. Today, she says that S that he could murder her and her children ar her husband also hit the children and expres however, was only directed at Fathima and h popular and got along well with the others. helped her, she didn't have access to any wo day and didn't have time to go to them. Afte happiness at having shared her story with us asked questions about her life, which for mu for lack of community support towards her.
Incest
The younger child said "Amma the She said that father had slept ne my husband severely. My husbanc with my daughter. The case was ta two and a half months. Then I ba on. My daughter is still a virgin. without harming her virginity. TI

came home and threw acid on her private was rushed to the hospital by the neighbours. a case with the police against her husband. a cook at the police station prevented the case irs against Fathima, saying she had a lover. case against her husband. She then went to get the Muslim Quazi judge for a divorce. He his was a minor family incident and forced a pand. Her acid injuries took about three helped by her sister who bought medication nd abandoned er and disappeared. Her sister n, attempting to file a case on her behalf, t Fathima must have had a lover. works as a daily housemaid in a bungalow. She dren and herself. She elaborates on the rape, he must have fallen asleep and then he raped her and she realised what had happened. she married this man was because she felt that f her son. Thus, even though her sisters to live alone for the rest of her life made her he will not take him back as she has realised ld no-one would be the wiser. She says that sed no love towards them. His violence, her two children; within the community he was Fathima's sisters were the only people who men's organisations as she worked the whole r we had spoken with her she expressed , saying that she was happy that someone had ich of the time she has to keep within herself
re is something that I must tell you". ar the elder sister... The Police beat denied having any immoral alliance ken to courts. He was remanded for iled him out. The case is still going Any immoral action has been done his happened due to my husband's
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drunkenness... I can't think that
into something different... I aske did not tell me about her father's i too. She is fourteen now. She sh are mothers at 14. If the father
have told me. So I think the child have happened, we loved each o between us. We fell apart and no got very suspicious, I called my d she had been used obscenely. I fe pure about her. She was like a cru not harmed but she had been tam not of the pure texture of a young
There were two cases of incest in our sampl The woman admitted that she was suspiciou whispers and her younger daughter's accusa supposed victim of incest, denied the allega daughter show how victimisation often occu and shame are thrust upon the daughter inst
The second case was of incest happeni violence. While the woman had gone to the kept the incest hidden from the police. She behaviour, and yet it appears that she felt sh daughter legally. For a short time she sent til other children joined the daughter. Now she taking her daughter with her. The daughter ( while both domestic violence and incest are within a family, incest seems to be more sha domestic violence. While the woman had no to report domestic violence, she did not feel
Case Study on Incest
I have three children. Recently m hospital looking after him, My el home with their father. Before husband not to drink when I am a at home to be very alert and stay ( some cloth across the windows a had gone to our daughter's bed.

his fatherly love for his child turned d her and blamed her as to why she immoral advances... I blame the child ould have told me. Today some girls made indecent advances she should is to be blamed too... Whatever may ther. Her father and I. She came inw everything is shattered... After I aughter and examined her. I felt that It so. There was something not very shed flower. Maybe her virginity was pered with. I felt so. Her body was
girl.
e. The case portrayed above is still going on. s of incest only because of neighbourhood tions. Both the father and the older girl, the tions. The woman's feelings towards her irs within the family. Responsibility, blame ead of the father. ng in a house that experiences domestic police on domestic violence complaints, she was disgusted and outraged at her husband's e had no moral obligation to protect her he daughter away and then together with her is contemplating rejoining her husband and doesn't want to go. It is interesting to note tha
perceived as shameful factors that occur meful and is thus made more invisible than
compunctions in going to the police station she could report the incest.
y youngest som got fever and I was in der son and daughter were staying at left for the hospital I advised my way. I told him since our daughter is only at home. That night he had hung ind while my son was fast asleep he She had got scared. He had removed


Page 45
all her clothes and put them as She told me she did not shout
voice was not coming out of he she told me not to leave her al did not give me any reason. Mu doing various things and then so disgusted. I did not ask him our daughter that he will kill h go out of the house he uses th my daughter. When she gets re she is combing her hair in fror shows his nudity to her. If a tolerated this at all. I would ha sake of my child. My daughte police about this as he had th good for her if it is known tha want me to do any work for everything. Once when I went
very tired I told my daughter i to trample my finger and I wel our son and sent him out to pl was masturbating in front of th felt very ashamed. I reprimand him that I have only one daugh has to behave properly. My da home and she wanted to go to any money with me to send he become a Bhikkhuni and take temple. When I returned my hu back home. He hit me. Our son 1 to leave him, he will not com been here for 8 months and he We are going back to him an cannot say if the situation for I want to go. But no-one know brothers, not the police. I am g. nowhere else to live. I have tric times. Once I tried to put a ni enough. I bear up because of n
Sexual Assault
That Maama isn't good. Wher
maama came to my room in the if going out to the toilet. I wa

ide and started kissing her naked body. even though she wanted to because her body. When I came home from hospital one in the house and go anywhere. She uch later she told me that her father was went on to tell me what happened. I got about the incident as he had threatened her if she told me anything. If I have to at opportunity to stay naked in front of :ady to go to School in the morning and ut of the mirror, he goes behind her and outsider did all this I wouldn't have lve killed him and killed myself for the ir is only 12 years. I did not go to the reatened to kill our daughter. It is not t she was raped by the father. He didn't him; he wanted our daughter to do to sleep in the afternoon because I was f her father tries to be funny with her ht to sleep. He had then made a kite for ay and he had removed his sarong and he daughter. I woke up and saw this and ed him and he came and beat me. I told iter and he has to behave like a man. He ughter then said that she cannot stay at her grandmother's house. I didn't have r. Then she told me that she wanted to up robes. I left her at the Bhikkhuni isband wanted me to bring our daughter chen told me that if I don't take a decision e home. So I left him. But now I have has come and got reconciled with me. d I am taking my daughter with me. I my daughter will improve. She does not 7S about this, not my parents, not my oing back to take my house back. I have 2d to commit suicide about three or four oose round my neck but I was not tall ny children.
I was there after about one year that : night to harass me... He came to me as S asleep then. When he got onto the bed
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I woke up... I couldn't do anythin shout. Besides there were visitor against the wall so hard I even hu
The two instances of sexual assault found in one instance and a husband's friend in anoth have made advances on the instructions of th wife. The woman was aware that he was acti more angry with her husband than with the f was hushed up by his wife the victim's motl happening and who requested that she keep wrote a letter to her husband telling him abo marriage for their son and got him married o instance where, when a woman tries to recei been wronged, in this case the woman writin father's behaviour, it is she who is penalised
Family Violence
Those brothers in-law seemed a chase us out of the house... They me. This was after my mahattaya
from work for lunch. There were
When I asked them why, they sai for me to go with my children. Th Men and women. So I also threw a me and with the beatings they gav bleeding. Then the workers took 1 directed me to the hospital and I v
We have had instances of family violence in in-aws of the woman. Sometimes the violenc mental. Though for the analysis of this study violence that were physically inflicted, in th violence were revealed, including the withho withholding access to use a common toilet, s encouragement given to the husband to leavi Lankan society, which focuses on the extend family violence in all its forms, physical anc unpleasantness for a woman. Should a woma she leaves herself vulnerable to expressions as well as her own. We came across many in woman to constant ran som with threats of gi she did not toe the line with them. Marriage; consent and community knowledge rather th
34

g. I didn't have enough strength to S there that day. I banged my hand rt my arm.
our study was of a father-in-law (Maama) in er instance. The husband's friend seemed to le husband, who had wanted to harass his ng on her husband's direction, and so was riend. The sexual assault by the father-in-law her-in-law who had realised what was t from her husband, their son. When she ut the incident, her in-laws arranged another ff to someone else. Once again we see an ve some justice in a situation where she has g to her husband and informing him of his
gainst us, then only they wanted to told me to leave this place and hit died. On one occasion I came home three trees they were cutting down. d because they wanted the land and len they all got together and hit me. Stone. Then all of them surrounded 'e me I cracked my head and started me to the police and then the police was admitted there.
flicted by the father of the woman and by the e inflicted was not physical; much of it was we included only those instances of family e course of the stories many forms of family olding of food, harassment over property, scoldings for not being a good wife,
his wife or marry another woman, etc. In Sri ed family rather than the nuclear family,
mental, can be a constant source of an defy the traditional roles assigned to her, of displeasure from both her husband's family stances where a husband's family held the ving him in marriage to another woman, if s in the village were authenticated by family an state registration. This meant that if a


Page 47
family was displeased with the wife of a so leave her and contract another union with a who left their violent husbands to seek refu some time they had exhausted the hospitali beginning. The desire for a woman to have her to return to a home of violence with he guest in her parents' or siblings' home.
Marital Rape
His sister says that he needs to because I don't fulfil those neces then I told his sister that if he wa have married a foreigner or ca necessities fulfilled. I told her tha sexual appetite... He wants sexua his sex organ. His sisters tell me My duty is to massage his sex org mother and the sister tell him to prime duty in marriage... A wom to scrape coconuts. But I never le die than succumb to such idiocy. people like a well-known politi because he had a good sex life provide sex for him, massage his I must have sex with him at least for him to lead a comfortable heal marriage.
These were the words of one woman who re ideas emphatically conveyed by her mother. in marriage and the advice given to their so story, however, is not the same for all the w have sex by their husbands. While on paper practically it baffled the women as to what marriage. The concept of saying no to their confusing to the women. Most of them had initially refusing or trying to fight off their them gave in for fear of waking up the chilc women had to endure other forced sex acts. availability for the husband pervades our sc law, exists, there are no repercussions, and
themselves play an active role in exercising

h they could exert enough pressure on him to nother woman they preferred. Many women ge with their own natal family found that after y and sympathy readily offered at the a house she could call her own often motivated
husband rather than stay on as an unwanted
have sex three times a day and it is sities that he gets angry like that. So nted a wife just to have sex, he could n go to hotels and pay and get his ut I am not there to fulfil his unnatural comforts from me. I have to massage that those are my duties as a wife... gan and be his sex partner... Both the force sex on me. They say it is my lan is taken by a man for sex and not it him force sex on me. I would rather ... His mother and his sisters say that ician lived such a healthy long life with many women. It is my duty to body and prepare hot water for him. thrice a day. I have to be his servant thy life...These were their ideas about
fused to be raped within marriage despite the -in-law and her sister-in-law about her duties n and brother to force sex on her. The omen who report that they have been forced to marital rape may seem clearcut and logical, exactly their sexual rights were within husband's sexual demands was alien and taken the stance of inevitability and, despite husband, would give in subsequently. Some of ren or the other inmates of the house. Other The notion that marriage means sexual cieties, and thus marital rape, regardless of the will continue to exist until the women
sexual will.
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Excerpts from interviews highlight
Case 1
I am a 26 year old woman. I got married jus of marriage I was raped. That next morning me so much that night. I wasn't given anyth some water. He gave me some plain tea feal our house for an inquiry regarding a murder committed. I told the male constables that I from him, that I have already suffered too m to be separated from my husband and told n was deflowered I didn't have any choice so
the night but also during the day. He said he that he can set the volume high and no-one
It's been ten years now since that happened.
Case 2
I am a 40 year old woman. I have three chil and abuses me in filth. I do not like to have it on me. I asked him if I was OK only for t every right to do it. Because I am ashamed with me but he fulfils his desires and walks because I come home tired after work and I some other woman to fulfil his desires. But the morning he wanted to have sex. I refuse neighbour's house. He had been searching f me because of his marriage rights.
Case 3
I am about 26 years old. I married my sister of age. He comes home drunk and I can't do of bed and then he removes my clothes. Thi over me. Then he tries to be with me. I don him do anything else. Whether the children clothes if he wants me to.

ing incidents of marital rape
t before my O Level exams. On my first night I couldn't even walk properly he had troubled ing to eat. I was feeling so dizzy I asked for ing that I would die. The police had come to
that my husband was supposed to have can't stay with him, that I want to separate luch. But the police said that I was too young he to stay with my husband. I also thought as I I went back to him. He raped me not only in was going to buy batteries for the radio so will hear when he kills me. Then I left him.
dren. I had a proposed marriage. He beats me
physical relationships with him. But he forces hat? But he says it is his legal right and he has E keep quiet. I tell him not to have relations
away. I tell him not to trouble me in the night want to sleep. I have told him to bring home he doesn't care. One night at two o'clock in d. He hit me. I left home and slept in a or me all night. He says he can do anything to
's husband's brother. I got married at 19 years anything or he will hit me. He throws me out n he throws water on me and starts Spitting all t say anything. I just keep quiet. Just letting are asleep or not I have to remove all his


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Women's perceptions of violence and it
Many of the women perceived alcohol as be and financial problems were also seen as co dowry and failing in wifely duties were also violence. Some women said that there was on them. If violence is perceived as an ever women's general perceptions of the violence ordinariness of it. Even though every single her life, the attitude towards violence again common. One woman said, "To be frank the their husbands, but they don't come out with anyone should be made to go through it. "I person. Whether they take a person by choic the life that I have led should never be their Many women also felt a sense of futilit their outrage, dismay or simple grief at havi cases a sense of confusion as to whether this questioned whether the violence was a legiti to go through precisely because of their beir A women we interviewed said that she situations, "We live under such difficult circ mustn't leave our husbands. Whatever our pi leave our husbands. Some days may be diffic however bad the arguments or the violence, woman said when explaining the violence," nothing else but to think that this is the resu wrong in this life." This attitude, coupled w initially accessed for help, whether they are ensure that the women remain in the cycle o these women in any sort of way, not only do how to help the women but educate the wom The effect that violence had on the wor psychosomatic symptoms. Headaches, refusa common complaints among the women. One she sees her husband coming home. "My hea feel a burning sensation in my body and hea
Identification and assessment of exi assistance
The formal sources of assistance that women were: (1) the police; (2) the hospitals (3) the (5) the Grama Niladhari

effects
ng a causative element in violence. Adultery tributing to the violence. Other reasons like cited by some women for the occurrence of bsolutely no reason for the violence inflicted day and ordinary occurrence, then the inflicted on them would also reflect the village woman didn't experience violence in t women was that it happened and it was re are a lot of people here who get battered by it." Some women expressed dismay that hink this should never happen to another e or whether their parents find them someone,
y in dealing with the violence. In spite of ng to go through it, there existed in some
was part and parcel of a woman's lot. They mate social or religious burden that they had g Women. would advise other women in similar umstances. That after we get married we oblems we must bear it and live. We mustn't ult, some days are easier. So I tell them I tell them they must try and bear it." Another What else but my karma of past birth. I have lt of bad karma. I have not done anything ith the advice commonly given by those family members, Grama Niladharis or police,
violence. If we are to progress and help we have to educate the service providerson en themselves that they don't have to take it nen most commonly took the form of l to eat, continual fear, and palpitations were woman describes what happens to her when rt starts beating fast. Head starts aching. I ... I find it difficult to breathe."
ting formal and informal sources of
turned to with their complaints of violence judiciary (4) the Samatha Mandalaya and
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Page 50
(a) The Police
The role of the police is crucial in any atten Lanka 33 women and children's police desk: structured to address minor crimes that com Division. Family disputes, domestic violenc are handled by the Women and Children's de handled by the Crimes Investigation Divisio constable who handles the Women and Chil police constables (WPC's). The desks are ge room at the back of the police station alloca arise. According to our field observations, a questioning conducted in full view of other police constable attached to the Crimes Inve rape victim. However, according to the resea consideration is practised stringently.
The Women and Children's police desk years. Training for the police who staff the c frequently as every three or four months. Th sexual harassment cases and direct any rape Investigation Bureau in the police station'. and record the complaints in the Complaints record the cases and speak with the complai police desk. However, on occasion due to si record the complaints. The room situated at rarely. The general environment around thes crowds of civilians and chaos.'
As the Women and Children's police de domestic violence, sexual harassment and in there. In extreme cases, if the woman has su male companion is remanded by the police, maximum amount of time he can remain rem In cases of both domestic violence and rape. Poruma) must be filed. If the complainant h injuries, the hospital police post located at t report. The report will then be sent to the pc According to the Women and Children' domestic violence cases are reported each m each year, at the Nuwara Eliya Police Statio:
' The Women's and Children's desk in Anur Anuradhapura police station. Thus rape vi to the main police station. An exception is the Anuradhapura Womer clean and extremely quiet.
50
38

pt to combat violence against women. In Sri have been set up in 33 districts. They are under the Minor Crimes Investigation 2, incest, sexual harassment and sexual assault sks. Rape is considered a grave crime and is n. There is at least one woman police - ren's desk; most often there are two women nerally located in the reception area with one ted to the desk should the need for privacy ll the complaints were taken down and officers and the general public. A woman stigation Division is Supposed to handle a archers of this study, it is doubtful if that
in Nuwara Eliya has been in operation for six lesk is provided in Colombo, sometimes as e special desks deal with family disputes, cases that come to them towards the Criminal They receive complaints in a common room
Branch book. Most often female constables nants that come to the Women and Children's hortage of staff, male constables have had to the back of the police station is utilised e desks is that of noise, lack of privacy,
sks deal primarily with family disputes, many c'est or Sexual abuse cases are dealt with ffered great physical harm, the husband or reportedly to instil a sense of fear in him. The handed is 24 hours, after which he is set free.
a judicial medical report (Adikarana Vidya as gone to the hospital first to treat her he hospital will file the judicial medical lice station for investigation. s desk officer we interviewed, five or six onth, while five or six rape cases are reported l.
adhapura is at a separate location from the ctims who came to them first had to be redirected
's and Children's desk, which was neat, orderly,


Page 51
The researchers were told by the Wom duty of the police officer taking the compla Sometimes in this process she undertakes to husband and wife alone and together. After She would like to return to her husband. In who spoke to us said that she personally tric the family unit. "When families like that co settle the problem. To send one party to cou it's an injustice we do to them. They may ha also to have one parent in one place and t for them." Alcoholism and extra-marital a reasons for the occurrence of domestic violi For rape cases the veracity of the case looking for signs of struggle, bruises, contu both the rape victim and the rapist. The beh rape victim gets frightened and cries. Som somebody else ... if somebody comes and te by the way that person behaves, how she tel or not. Now even if somebody threatens to definitely shout, or else you would cry out. the medical exam that is conducted in the h the clothes of the victim are taken for analy The policewoman elaborated that in th double victimisation. Not only has she unde undergoing a court case she is subjected to knowledge. The 'shame factor', as the polic In public awareness campaigns undert: in a manner that would not attract unwantec see that certain women dress and behave in such a state when they wear a dress or, let's expose two thirds of our body. Even wher revealing around the chest in the front. So t come to us. Even take our culture, we Sri L manner. Even men first judge us from the w us. That's something I have noticed. Men al disrespect and contemptuously. They think
While responses from the Nuwara Eliy same attitudes were found in Anuradhapura advice given in domestic violence cases is husband Scolds, for her to keep quiet. Nott that he gets more angry ... We also told her kindly. To tell him that they have children a set an example to the children." The determ is a constant theme in their dealings with d(

en and Children's desk officer that the first int is to establish the veracity of the case. advise the couple. She speaks with both establishing facts, the complainant is asked if most cases she does. The police sub-inspector 2s to unite the husband and wife and maintain me to me, I personally try to unite them or rt and separate them, I think is a sin... I think lve children, then it's unfair by the children he other somewhere else. It creates problems ffairs were given by the police as common
CCC. -
has to be established as well. This is done by sions, mud, blood etc. The police interrogate aviour of the victim is evaluated. "Normally a 2 times even before she comes here she tells
lls me she has been raped you can tell easily ls her story), whether she was actually raped kill you, if you are taken by force, you would We look for those things also." Conclusions of ospital are also taken into account. In addition, Sis.
e case of rape, the victim goes through a :rgone the violation of her body but also in the humiliation of her rape becoming public 2 woman called it, intensifies. aken by the police, women are advised to dress i attention towards them. "Sometimes we can
such a manner that they seem to incite men to Say, a skirt - though it may be long, still we
they wear a blouse we can see that it's hen, in a way, we tell the men indirectly to ankan Women are used to dressing in a decent 'ay we dress. That's their first impression of so look at a woman who is half dressed with they can lure her to do anything." (a police Station have been highlighted, the
and Matara. For example, in Matara, the mostly to the wife. "We told the wife, when the o retort and talk back; when she reacts like , when her husband is sober to explain to him ind to live peacefully without quarrelling. To ination to keep the marriage intact at all costs pmestic violence cases. "We have never asked
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Page 52
them to separate. You know we always try to course on 'Crisis Management' where we we to always try to bring the two parties togethe However, even the police realise the lir The police Inspector stationed at the Matara support system offered to the Women and Ch should have more staff, and there should be : was also brought up in Anuradhapura where stations make it difficult for the women to m Thirappane had two foot bicycles and four m officer in charge at the Thirappane police sta comfortable sending a woman police constab putting her safety at risk. Thus, in those insta would be sent to investigate and register the
A handbill displayed at the Anuradhapu reasons why women and children get moleste
The uncultured behaviour of Poverty
Pride of women The corrupt environment Lack of education and illiter. Mental retardation Feebleness of the woman Breaking down of the family 9. Mother working abroad and t 10. Unnecessary travelling and c 11. Getting closer to the opposite 12. Indecent exposure of dress 13. Shyness 14. Having too much freedom
A cursory look at the list shows that the resp. sexually harassed or sexually abused rests sq The efficacy of the Women and Childre: assessed. If their function is limited to minor biases are present in the advice they dispense
The women we spoke with had varying their cases. Many of the women showed a rel were able to use some influence and approac friend who worked in the police force, she w. experience. In one case the victim was stron husband. In another, however, the woman has reconciled with her husband thirteen times. S referred to them as prostitutes or loose wome the police and make a complaint and if that g
40

bring two parties together. We followed a e taught that in family disputes we will have
somehow. It is a must." litations of the Women and Children's desk. bolice station admits the inadequacy of the ildren's desk. He recommends that they
vehicle attached to that branch. This fact he sheer distance of villages from the police ake complaints. The police station in o-bikes and one jeep for the officer. The tion admitted that he would not feel le to distant villages, as he would then be inces, it would be a male constable who complaint.
ra women and children's desk describes some d.
girls
асу
system hus non-availability for protection oitering on the part of women C SCX
Dnsibility for not being raped or molested or uarely on the shoulders of the women. h's desks at police stations needs to be crimes and if the cultural and personal , are they doing more harm than good? Dpinions on the role of the police in each of uctance to involve the police. If the women
the police through a family member or is more likely to have a more positive gly advised by the police to leave her been encouraged by the police to be ometimes women claimed that the police n. According to one woman, "If they go to sts to the ears of their husbands that will be


Page 53
the end of their married life. Because of this if they go, the police will not take necessary duties properly." The women claimed that t not guarantee that they would record their s in Anuradhapura, "Sometimes we find that wife and then hits her. From the abusive anc station we have an idea of how life with her little patience and who shouts down her hus him to acts of violence." Because of these a verbally and non-verbally, women do not fel Violence or rape cases.
Hospital Police Post
Police posts are located within the premises admitted into the hospital under suspicious wounds, head injuries, broken limbs etc) the admission. A policeman from the post recor which is directed to the minor complaints b rotating staff of six people, four people duri are also required to do rounds in each ward Suicide, or suffered domestic violence, assa are also sent to the hospital post for a stater hospital. The statements are handwritten an complaint. A copy is sent to the relevant sta another copy is sent to the minor complaint: any Women constables, which means that ra dealt with initially by a male constable stati As seen in the beginning of this sectio suffered violence cannot be described as ge the hospital can be a hindrance to women w reason as well. Some of the women intervie medical help for their injuries because of th the assault is recorded by the police, the pel husband, may be remanded. With family pre thereby publicising what has hitherto been c domestic violence may be forced to avoid st institution set up within the hospital ostensi Further, if attitudes of the police and legal c women from seeking medical help, it is a pr in order to assist the women who need these

, they are reluctant to go to the police... Even
action and will not perform their official he presence of female police constables did latements. According to one woman constable the husband has been gravely provoked by the | unruly behaviour of the woman in the police
must be at home. A woman who has very band in a quarrel between them can provoke ttitudes which are conveyed to women, both al secure going to the police to file domestic
of government hospitals. When a patient is circumstances (unexplained bruises, stab hospital police post is informed of the ds a statement from the admitted patient, ranch. Generally the hospital police post has a ng the day and two at night. These policemen which houses patients that have attempted ult, rape etc. Outpatients Department patients nent to be recorded before they can leave the d may go to four to six pages for each tion applicable to the patient's area and S register. Some hospital posts do not have pe cases that come into the hospital have to be oned at the hospital police post. n, police attitudes towards women who have inder-sensitive. The police post located within ho wish to access medical help for another wed by us admitted reluctance in seeking e hospital police post. The reason being that if petrator of the assault, in this case the 'ssure to refrain from going to the police and lefined as private, a women who suffers from 2eking medical help because of the very bly to aid her, namely the hospital police post. onsequences that arise are proving to deter oblem that should be examined and rectified : services effectively.
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Medical Services
The women sought both traditional and non accessed medical services, most of them lie For example, a woman whose husband had that set her alight said, "Yes, I went to the d reading a book in the lamplight and when I lamp fell by accident and I got burnt." Won (practitioners of indigenous medicine) in th mahattaya. I told him I slipped and fell. I d but he did not believe me. He told me that i He knew that somebody had given me a big taken to protect women serve to inhibit ther The women are sometimes advised by their would have to be recorded at the hospital pc possible remand for the husband. Culturally the marriage is reinforced time and again or cost of their lives or their children's lives th medical facilities. One cannot blame them V attitudes that seem callous and inhuman. A smile that domestic violence is a normal occ saying, "today they fight, tomorrow they get they don't want to betray their husbands," ar violence in the tea estates. Another doctor e victims of domestic violence. "They come \ suicide. Not only them, but even from the n all get together and say suicide or that they says domestic violence." She explains their domestic violence as an inhibition reinforce When a woman accesses the medical s she is generally seen at the outpatients depa officers will examine her. After treating her Officer (DMO), the Judicial Medical Office hospital. The police officers at the police pc constable present, take the statement from t judicial medical form is filled out and subm take the necessary action. There are no cour victims who are generally brought in by the for observation. A house officer or visiting examination together with a consultant whe a female nurse or attendant present and the On the lack of counselling services for rape
chances to do those kinds of things, the cou

traditional medical assistance. When women l to the doctors as to the cause of the injury. oured kerosene oil over her and lit the match octor and lied to him saying that ... I had been attempted to keep the book ... in my sleep, the hen also lied to the veda mahattayas eir own villages. "I lied to [the veda id not tell him that my husband assaulted me, cannot be, the injuries were not from a fall. blow." Sometimes the institutional measures n or their families from Seeking medical help. families not to go to hospital, as the assault lice post and would result in an inquiry and
and socially, the importance of maintaining the women. In some cases it is at the very at women hesitate to access the available when the medical practitioners themselves hold plantation doctor in Nuwara Eliya says with a urrence in the estates. He dismisses it by together again. Though they are estate people ld emphasises the 'naturalness' of domestic Xpressed her frustration in dealing with with injuries. Some burn them ... all say it was 2ighbours we can't get anything as they will fell. So we can't get anything directly which reticence in admitting to being victims of d through culture and tradition. ystem after having suffered domestic violence, rtment where house officers or senior house medically, they inform the District Medical (JMO), and the police post located in the st, who are supposed to have a woman police he patient as well as from witnesses present. A itted to the police. The police then have to selling services available to women. Rape police, are admitted to a gynaecology ward gynaecological officer will conduct the l one is present. Vaginal Swabs are taken with clothing of the victim is taken to be examined. victims the doctor says, "We have very few
nselling part I mean". On parting with the


Page 55
researchers the doctor expressed the need f help if counsellors could be sent from Colc
A Judicial Medical Officer in Matara cases of rape, he hasn't been summoned to years. He believed that some of the cases w for reconciliation and settlement. Accordin seeing a victim of rape and being Summone
The Judiciary
"Sometimes the men drink and hit their chi considered as domestic violence in the sens have such calculated acts here ... Just the s and hit his wife and the matter ends there. a Matara lawyer sitting in the Veranda of hi Together with his colleague he assured us ( the police for the weakness of the law. Acc a woman at a police station, she is sent to t The police file a case, and in the case of de Mediation Board or Samatha Mandalaya. If However, if it is not settled it proceeds to c case try to reach a settlement, either throug As many of the women we spoke to h; difficult to evaluate the effectiveness of the reflection on the efficacy of the legal syste lawyers themselves reveal the situation tha did access the law. The lawyers' opinion of the women make the complaint, was extren claimed that the police never write the com a story ... the police will write a lengthy re said that she would like to see the mandato who would work within the police system. the police to do their job properly as the pc adequately. Yet another lawyer who runs a says that most of the rape cases that come 1 of rights and the law perpetuates violence violence against women, together with info what their rights are, etc should be conduct present legal system as it is time-consumin have been raped at 9 years old may only be old. Some of the lawyers spoken with reco who deal with violence against women cas critical of judges who accept the occurrenc

or counselling, and said it would be a great mbo. claimed that even though he has seen many court for a single case in the past five to six 'ere being forwarded to the Samatha Mandalaya g to his estimate the average time lag between d to court was six months.
ldren and wife but I don't think it ... can be ... se that we would see it in the West. We don't pur of the moment a man may lose his temper There is no violence as such." That was said by s chambers, a stone's throw from the courts. f the adequacy of the existing laws and blamed ording to the law, when a complaint is made by he hospital for treatment if there are injuries. mestic violence, the case goes before the a settlement is effected, the matter ends there. ourt. At that point the lawyers dealing with the h the courts or outside. ad not yet approached the legal system it is e system, and this very fact could be a m. However some of the comments made by the t the women would have to deal with if they the police, which is generally the first place nely negative. An Anuradhapura lawyer plaint properly and they are known to "cook up port using filth and words she never used". She ry presence of a lawyer at the police station Another lawyer claims that it is impossible for lice stations in remote towns are not staffed free legal aid commission in Anuradhapura o him are incest cases. He believes ignorance against Women. Awareness programmes on rmation on what should be done, where to go, ed in remote villages. He is critical of the g. According to the lawyers, a girl who may
called to give evidence when she is 26 years mmend special courts made up of retired judges 2s, in order to circumvent the time lag. He is e of Violence perpetrated against women as
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normal. But the attitude of some of the lawye the existence of the problem of violence agai
Samatha Mandalaya
Samatha Mandalayas or Mediation Boards ex Justice appoints the members of the board. Ti act as mediators in cases that have the potent categories of offences that come to the Samal offences. Disputes on roads, land matters and Attacks with knives, assaults, breaking of tee under criminal offences. Family disputes, lan also dealt with by the Samatha Mandalaya. M are not handled by the Samatha Mandalaya. T chairperson and members. The number of me according to each area. The members represe are political appointments. Ethnic and religio the members of the Samatha Mandalaya boar of women being members. The complaint is 1 after which the Board investigates the case a the Samatha Mandalaya has four sessions per About 24 cases are conducted for each month The Chairman of the Samatha Mandalay elaborated on his views on the roles of husba dispenses in such cases of family disputes. " housewife. Not a beauty queen, but a good m shortcomings; we managed to sort things out the wife must think that the man is doing all protection and to look after her. At least I mu gets back if she comes with tales of woe or s or problems to solve, then it become irritatin in Matara says that it is important to establis "We don't believe the evidence given by the mistakes done by her and admits the shortco wife was with another man, we at once do no side of the offence. We say it could happen. lies and what she is saying is the truth. We te explain to the wife that the husband is an int involved again. Then she will promise to be send them away." The general consensus amo are unable to settle a dispute among husband between husbands and wives are financial pr relations, husband withholding money from 1 jurisdiction of the Samatha Mandalaya, in A
44

rs themselves was no better. The denial of inst women surfaced over and over.
ist throughout the country. The Ministry of he function of the Samatha Mandalaya is to ial to be settled out of court. There are two ha Mandalaya - disputes and criminal
money matters are covered under disputes. th and other types of physical injuries come d disputes and disputes among relatives are (urder, divorce, sexual harassment, and rape
he Samatha Mandalaya consists of a mbers in a Samatha Mandalaya board varies nt a diverse group of the community. Some ius representatives are also included. Most of ds are men, though there are a few instances made in writing to the Samatha Mandalaya, nd tries to negotiate a settlement. Generally
month. Each Session lasts for two days.
l.
ya in Nuwara Eliya, who is also a doctor, inds and wives, which influence the advice he My wife doesn't work. She is a good other, a good housewife. She had her . When a man comes after a hard day's work, this for her, to provide for her, give the
st be received with a smile. If as Soon as he ome such harangue, a long list of things to do g." The Chairman of the Samatha Mandalaya h the truth in the cases of family disputes. man is gospel truth. The woman realises the mings. When the husband complains that the st condemn her but we think of the human We do not at once say what he is saying is 'll the husband to pardon her if it is so. We elligent person and advise her not to get on good behaviour. We unite the two and )ng the board is that it is very rare that they
and wife. The general causes of disputes oblems, wife's reluctance to have sexual the wife etc. Despite rape not being under the nuradhapura we were informed that the


Page 57
Samatha Mandalaya did deal with rape cases Mandalaya explained that plenty of rape cast because of alcohol. The solution to the probl "if both parties are willing to get married. W insult and the bad name will come to the wo doctor first, and if she is willing to get marri otherwise Some Women wants to get compen arranged." According to him the police and cases first to the Samatha Mandalaya Board, proceeds back to them. While it seems reaso may have been conceived as a bridge for cor legal world, the inconsistent modus operand opinions and biases in Solving the cases do I
Grama Nilad hari
The Grama Niladhari or village headman is formal sources of assistance that a Woman g Grama Niladhari of Maankulama in the distr the illicit liquor trade were the cause of dom was supported by the Grama Niladharis in M belief that violence against women was Wrol not believe that a woman who had suffered should leave him. He as the Grama Niladhar Grama Niladhari who serves one of the boro domestic violence has got worse in recent ti saying, "It's a very inhuman thing to use Vio acceptable ... As a woman, if I do somethin reason I don't think it is acceptable...If a wo punishing. I think there's nothing wrong wit domestic disputes to the Samatha Mandalay, the general attitude of Grama Niladharistov of understanding and compassion that exists
The following have been identified as infor to: (1) Women's Organisations (2) family (3
Women's Organisations
All three areas had women's organisations til Rural Women's Network (Sinhala Demala G Nuwara Eliya; Women in Need (Kantha Pihi Sangvardhana Maha Sangamaya in Thirappa

. The President of the Anuradhapura Samatha 2s came to them and occurred, most often, em of rape was dealt most often by inquiring 'e encourage them to go ahead. Because the man. What we do is send the woman to a led to that person we let them do so, sation from the rapist and we'll get this court system in Anuradhapura direct rape and then if a settlement is not reached, it nable to have a Samatha Mandalaya, which mplainants before entering the complicated i and the reliance on the members' personal not seem a viable and long-lasting solution.
usually the first point of access within the oes to lodge a complaint of violence. The ict of Anuradhapura believed that poverty and lestic violence and family disputes. This belief fatara and Anuradhapura as well. Despite his ng and unnecessary and against the law, he did from Violence at the hands of her husband i advises them to remain together. Another ughs of Anuradhapura town says that mes. However, she qualifies her statement by lence on women. But in some cases it is g wrong I have to be punished. But without a man has done a mistake which is worth h it." The Grama Niladhari very often directs a. However, if the previous quote represents Vards victims of violence, it reflects a paucity
towards the women.
mal sources of assistance the women resorted ) neighbours (4) religious leaders.
hat could be identified. The Sinhala-Tamil ami Kantha Sammelanaya) was based in ita) was based in Matara, and Kantha una, Anuradhapura.
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The Sinhala-Tamil Rural Women's Net nine thousand rupees and some pawned jewe is composed of women from both communit Muslim women in its membership. It is run personality called Vimali Karunarathna. Tod membership of 28,560 women, it is one of t Lanka. Early this year, the whole organisatic the provincial level. They didn't win a singl Network is involved in agricultural projects running pre-school programmes, awareness
programmes.
In contrast the Kantha Sangvardhana M in the front section of a mud hut. The presid experience Working with other women's orga one. It is a Very Small organisation that exis have a small bank loan scheme and hear pro more on an ad hoc basis.
Women in Need or Kantha Pihita was ( This was a branch of an organisation based years. The Matara office, located in the hear southern province towns and Villages. It has officer and a clerk. Previously located in on recently moved to its own office. Women in by offering counselling and assistance to WC also accessed by Women who have property Service available. They have clients who coi disputes, old age issues, rape cases, domesti Sexual harassment etc. They have a lawyer v clinic. Most of the clients come independen magazines or seen their posters. A few clien Children's police desk.
While most of the women working in t address and work with women's issues, the s Violence against women is disconcerting. Sc organisations believe that not only do wome well. If a woman is unable to attack physica turn provokes the man to be physically viole to be advised not to nag. . A similar view se Women in Need who said that domestic viol and disrespectful wives: "... the wife does n and Shouts at him. She suspects the husband she Sniffs at his clothes for any whiffs of pe woman if he dresses with care to go to work However, it should not be minimised t negative views, organisations like the Sinha

work was established with thirteen women, llery. As its name suggests, its membership ies, Sinhala and Tamil, as well as having by a woman endowed with a strong ay, with independent funding and a he bigger women's organisation in rural Sri n turned to politics and stood for election at e Seat. The Sinhala-Tamil Rural Women's economic projects like credit facilities, raising AIDS programmes, and gender
1aha Sangamaya in Thirappana is established ent of the organisation, Premalatha, had anisations before she bought a share of this is on running small projects. While they do blems of domestic violence, it seems to be run
opened two and a half years ago in Matara. in Colombo that has been in existence for ten t of Matara town, serves Matara and other two counsellors and recently hired a field e room in the Sarvodaya building in Matara, it
Need caters to the women of the community men who come to them for help. They are disputes and are directed towards the legal me to them with anxiety problems, property c Violence issues, incest, Sexual assault, who works every Saturday in their free legal tly, having seen their advertisements in its are recommended through the Women and
hese organisations have consciously chosen to stance taken by some towards the issue of me of the women who work in these in suffer from violence but they are violent as lly she will resort to verbal violence. This in nt towards her. They believe that women have ems to be held by one of the counsellors at ence Was aggravated because of Suspicious ot respect the husband. She talks back to him too much. When he comes home after work, rfume. She suspects him of seeing another
nat despite the existence of these seemingly la-Tamil Rural Women's Network, Women in


Page 59
Need and Kantha Sangvardhana Maha Sang towards financial independence, educate bo and uplift the role of women in the commur organisations it is important to realise that 1 may not be supportive towards victims of d
Family
"I did not tell my family members except m a woman's place is with her husband. It is n with three children alone?" This encapsulat they turned to their families for help. Some husband's family as well for the situation. T wives, mothers and housekeepers. And ther family have either urged the woman to initi taken her in and given her shelter. However help mostly from their own families despite done. Brothers, sisters, mothers and fathers shelter, food and emotional support when th that the support extended by these families extreme necessity. The bottom line for the f women is the desire to prevent the breaking forget the trauma of a sexual assault, and ig
Neighbours
In the rural areas of Sri Lanka, villages for akka, aiya, nangi and malli. Thus, when vio belongs to the village, there is little room f. given shelter and emotional support to the long-term benefit. Sometimes while the wo scold the husband and rescue her. But soon her home and continue as before. In the cas community seems to have acted more harsh The rape victim elaborates that most of her avoid me. I don't have the friends I had the am like ostracised from society. People don has fallen into trouble." It is ironic that the community have are mostly on the women 1 no long-term social Stigma at the hands oft

amaya work towards empowering Women th men and women on rape and gender issues ity. When evaluating the efficacy of women's hey too hold value judgements that may or pmeStic violence. ܖ
y parents. They said, whatever problems arise o use coming back home. What can you do es the response many women received when times the women received blame from their hey have been accused of not being good e have been instances where the husband's ate a divorce or separation to save her life or , the majority of the women seem to receive
the opinion they may hold of what should be have all opened their houses and given he need has arisen. But it must not be forgotten is most often given grudgingly or through amilies of the victims of violence against
up of a family, erase the Stigma of a rape, nore the occurrence of incest.
n an extension of the family. Everyone is an lence against women occurs in a family that or secrecy or privacy. While neighbours have victims of violence, it has not resulted in any man is being beaten the neighbours run out and ær or later the woman is expected to return to e of a rape victim in Nuwara Eliya, the ly than in other violence-against-women cases. friends "...are not with me anymore. They h; they have distanced themselves, because I 't like to associate with people like me, who only negative effect neighbours and the hemselves, while the rapists and abusers suffer he community.
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Religious Leaders
While almost all the religious leaders spoker there was a measure of responsibility attache unit at all costs. A pastor advises the wives ( husbands by kind means and cautions them a would fall deeper into drinking. A Reverend clothes up to the ankle, smiling without expo Thero during the Kotte period that reflects h He is of the opinion that by going to tuition agricultural fields, women are unable to stay they would be protected, and they are thus m their new roles. The Reverend Thero does no of these women face violence within their ho Again and again we see that be it advic women's organisations or religious leaders, t women falls on the women. The women have community, or they have failed in their duty by whatever means necessary.
Documentation of the women's exp Case Studies
Case 1
A twenty-six year old woman works in the a Eliya. It is a brisk December afternoon. Her spent many days looking for her and today w looking and looks quite ordinary. She tells u
I got married at 19 years just after my and I gave birth to twins soon after. After m work and we lived in his house. It is a Small and kitchen.
After I had been married for a mere tw Mahattaya was away and so my mother and and ate lunch. My Mahattaya came home dru did not want me to be with him as I was con fight my mother and I went home to my fath that I went back. Then his parents complaine conceived so after a year I conceived. By the get drunk, or take drugs or tablets and hit m would leave in the morning and when he car rice he would hit me. He throws the food at
48

n with condemned violence against women, d towards the women to maintain the family )f his church to try to win over their errant gainst leaving their husbands, for then they Thero recites a poem about a woman 'clad in osing teeth' by Thotagamuwe Sri Rahula is attitude towards the behaviour of women. classes, going to work, working in the
at home and look after their children where ore vulnerable to instances of violence in t seem to want to address the issue that most omes rather than without. e given by family members, neighbours, he responsibility for violence directed at e either transgressed norms and mores of the as wives or mothers. The violence is justified
eriences both positive and negative:
gricultural fields in the outskirts of Nuwara reputation has dogged us for days. We have fe seem to have found her. She is youngs her story: Advanced levels. It was an arranged marriage arriage my Mahattaya did not allow me to
house that has two bedrooms, a front room
o weeks, my nephew came to visit. My
cooked for my nephew and I sat with him link and fought with my mother saying that he ning straight from my nephew's mat. After that er. I lived with them for three months. After
d that the problems were because I hadn't 2n he had already started hitting me. He would e. He also hit me when I was pregnant. He ne back home if he found a single Stone in the me, the plate at me and then he hits me. He


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frequently burns me with his cigarettes and preparation to burn me. I opened the door a my stomach so that he hits the back mostly As I lived close to my in-laws' house, parents. My in-laws didn't want me to tell t though I did not tell my parents I used to g( time he hit me, quite severely and then I br even let him near me, but he promised them him take me back. He was only nice for abc I went home and told my parents I am not g on. Even when I lived with him life was he the house for three whole days, when I com it and gave it to me to give the children to { a blanket and went away. I didn't say anythi grief.
About four days before his death, we l statue in his hands and started shouting 'Art Then he shouted "This is your last day. You me with a pole. But while beating me he hu blood and wrote on the wall 'Jayanthi can't the evening he went out and came home dru house. The two children were crying and I c anything and came back to the house. The c went to sleep after telling me not to come n pieces. But after he had fallen asleep I took bed. The axe was under the bed. I saw that, When he woke up around 9 in the night, he missed me. I quickly jumped out of the bed room. Then while he was trying to run after axe also fell. Then I took it and hit him bac he gets up that's the end of me. That is why the bed. Then I took the children from the b other room. I lit the lamp and left them ther lift his head. But he was bleeding too much slept and only told the others in the mornin judge also came but I didn't tell them anyth told them my story.
The police took my side from the begi station before against him. He used to illtre remove my clothes and stand in front of hin be with me. I don't say anything. I let him d day and even in front of the children force 1 to remove all his clothes.
Even the people here know I am innoc Society and given me work like this. My hu body, he's in reality a demon. He would bea

once he poured kerosene oil over my body in hd ran. While he hits me I don't shout. I cover and just wait. they knew what was happening but not my nem anything, as they felt ashamed. But even
home to be with them frequently. The last ke down and told my parents. They wouldn't that he wouldn't harass me again and they let ut one month and then problems again. Again oing back to him. For seven years this went l. One day when we didn't have any food in plained to him, he took a saucepan and shat in at. He threw it on the bed, wiped himself with ng. I didn't do anything. I was gripped with
had bought a statue of Pathini. He took the you Pattiniamma? Are you Pattiniamma?" can't live with me again.' And started beating rt himself and started bleeding. He used this stay in this house hereafter'. Then finally in ink. He chased me and the children out of the :ouldn't' go anywhere. So I thought let him do hildren and I didn't eat but I fed him and he ear the bed or he will chop me into four the children and went and slept in the same but I thought let him do anything and slept. saw me and tried to hit me with the axe but and tried to open the door to run out of the me he tripped over the blanket and fell. The k. I hit him twice. Then I got scared. I knew if I hit him twice. His head was drooping from ed while they were still asleep and went to the e and went back to the other room and tried to , I got scared. I went to the other room and g. I asked them to tell my brother. Later the ng. Only after they took me to the police that I
nning. I had made several entries at the police at me sexually also. He would make me 1. He would throw water on me and then try to o anything to me. He would come any time of he to remove my clothes and wait. Then I have
2nt, that is why they have taken me back into
band even though he was born in a human
about 20 days a month. I run all the way to
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my mother in law's about a mile away just to my marriage after he tried to burn me with k a bottle of weedicide, and thought of drinkin making roti for his dinner he came and beat bottle and just managed to tell him that befo people and took me to hospital. My mother-i the weedicide to see what it tasted like. So t After that he wanted to divorce me. Bu proper wedding and brought her. We are not didn't get divorced. Later I heard that when I into our own home and behaved like that. I r villagers. He has stabbed me with a knife be does when he is drunk.
We came from a well-off family. We ha all our money. Now I have to work in other p ate I wasn't happy. Now I feel as if I am in a Even if we have just rice and salt we eat and He has even hit the children. One day v child by one leg and was going to dash him ( children when I was feeding them and tramp to the hospital but I didn't tell the doctor the The case is still going on. It's almost th members were angry with me initially but th truth. He was like this even before; they mar In prison they gave me good food. I got a lot a call to the remand and said that I am a rela relative but he knew my situation. I was trea missing my children.
At the beginning the villagers ostracise what has happened I have this to say. I will r the whole race of men. That's what I have to The devil only took possession of me. To tel So what I believe is that gods up there are lo they said ghosts will throw me down the hill played a Pirith cassette. There are no ghosts. either me or my children will get a slight inj drunkenness. He used to take Madanamodak say that he is going to drink my blood.
Case 2
I am a forty-year-old woman. I have studied children. I have a girl aged 19 years and two harasses me a lot. He abuses and quarrels wi support us nor buy books for the children. T
5

get away from him. About six months after arosene I thought of killing myself. There was g it. I kept it beside me and while I was me. I went to the bed and drank the weedicide e I fell unconscious. Then he called some n-law told me to tell the hospital that I drank hat's what I told them.
his brother and sister said, "we have taken a dogs or hens to do as you wish." And so we
would go home he would bring other women ever saw that but I heard it from other fore; he has hit me with a crowbar. All this he
d vehicles; we had our own fields. He wasted eople's fields. Then, whatever queenly food I heavenly kingdom. I have no problems now. wait. No problems now. when I was feeding them both he took the on the ground. Then another time he took the led them. They started vomiting. I took them truth. I lied to them. ree years and five months. His family ey don't say anything because they know the ried him to me thinking he will get better.
of support from the head of police. He gave tive of his. To tell you the truth he is no ted well in prison but I had the pain of
d me but now they are very nice to me. About ever marry again in this life. I actually hate say. I actually think what I did, I didn't do. 1 you the truth, I don't even kill a mosquito. oking after me. When I came to this place . But I have lived here all alone at first. I But if I see him in a dream the next day ury. All this suffering I have had is because of a (a drug that increases sexual appetite) and
up to O Levels and am married with three boys aged 17 and 13 years. My husband th me for no fault of mine. He does not here is unpleasantness in the home. He does


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not carry the burden of the family nor suppo to study. So they have to go to neighbouring One time I found all this difficult to b months living in an abandoned house. But in and I was forced to come back. My daughte Katunayake to work.
My husband drinks and abuses in filth with the money I earn from sewing. Sometil out. So we go to neighbours' houses and Spe with the neighbouring men. He couples me sympathetic towards us. He does not like it understand my situation.
These days he does not assault me mu in the middle and won't allow him to hit me strong. Since I do not want my children to g neighbouring house to avoid the quarrels. H accommodating us in the nights in their hou the clothes, cuts them into pieces and hides children. I don't have enough money but sor money I earn from sewing. I have not saved Once I made a complaint to the Grama destroyed the clothes, books etc in the hous damage he is causing. Police got him down was retorting to the police and the police ga to them and arguing with them. The police t law court and referred the matter to a Media united us and sent us home. But this man do back on the law officers. The police said it thing that I should do is to divorce him. On get their advice. They told me that I am not They said there are women who face worse peacefully and sent us away. Things became the house and destroyed them. He beat me v the Thirappane police the police beat him u can I watch my husband being beaten by the Once when he started harassing me, It I stayed in an outsider's house. I got a loan put up a room. But I could not complete it. solve my problem. Now I sew pieces of clot Mine was a proposed marriage. His pa members are very good. They never got inv never enquired about it. Once I went to ther Once I went to my parents and was in hidin; patch it up. He believes that my parents hav give me in marriage to someone else. It is a His people never come to help me.

rt the family. He does not allow the children
houses to Study. 'ar and I left the house and was away for three ly husband did not allow me to live there
gave up her studies and went off to
I am a seamstress and I support the family nes he chases us from the house and locks us nd the night. Because of this he couples me with my own son. Neighbours are very that the neighbours are very kind and
sh because the children are big and they jump . The children are big and strong. Even I am et involved in these fights, I go to a e abuses the neighbours for keeping us and ses. We don't have clothes to wear. He takes them. He tears the school books of the nehow attend to my things with the little
anything for myself. Niladarini and showed her how he has e. I made complaints to the police about the to the police station and advised him. Once he ve him two slaps, because he was not listening old me that they cannot use the powers of a tion Board. They took our evidence and )es the same thing the moment he turns his was impossible to reform this man and the best e I went to the Anuradhapura police station to the only woman who has problems like mine. problems than mine. They advised us to live worse after that. He cut the photographs in with his hands and feet. When I complained to p. But I told the police not to beat him. How
police? old my man that I will leave home and I left. rom the Society, bought a piece of land and How can I? I should have money. This did not h and earn money but my husband just waits. rents were known to my parents. His family
lved in out family problem and also they h and cried and told them everything. g. He went to my mother and asked her to e used charms to separate him from me, to ways my relations who come to my rescue.
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Every Sinhala New Year I get beaten. T not quarrelled with me. We have never been various law-abiding people but no solution c I cannot cook peacefully.
We don't divorce because we have no m me to get a divorce as well. If I get a divorce I need not live in the house. I think I have to a loan from the society; I have to put up the complete my house and leave with the childr When I was expecting my second son h rupturing my eardrums. I went to hospital to so hard I felt was getting engulfed in fire. M was unbearable pain. I went to hospital and t report. I begged and pleaded with them to ad They called the Thirappane police and asked I stayed five days in the hospital. The doctor problems are due to my husband not having
When he beats me I also get ready to hi children won't allow it. He abuses me in filth divorce me or hand me over to my people.
When I see him coming home my heart I feel a burning sensation in my body and he Galamune asked me whether I have family pl much or I will become a mental patient.
I do not like to have physical relationsh him if I was OK only for that. But he says it' it. Because I am ashamed I keep quiet. I tell fulfils his desire and walks away. I tell him r home tired after work and I want to sleep. I l woman to fulfil his desires. But he doesn't ca be a certain amount of privacy in what we do I refused, he abused me and hit me and I lost pieces. I left the home and slept in a neighbo the night. He says he can do anything becaus I get so angry at my situation sometime others don't work. I bring sewing home and from the sewing machine. Now I can't use it.
I can write a book on all my suffering. I will tell other women that if they have the than going through this type of suffering
Case 3
I am 45 years old. I am married and have fou daughter was nine months and married somec
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here hasn't been a single new year that he has happy on a New Year's day. I have spoken to an be achieved. I cannot have a proper meal.
oney for a divorce case. Police have asked he cannot harass me and if I get a separation stay with him till I complete my house. I got 'oof. I told my man not to harass me; I will en. I cultivated the land. I built the well. e hit me on the stomach. He slapped me get a medical report. One day he slapped me years started making some sounds and there hey refused to admit me without a police mit me to hospital, as I was feeling very sick. me to make a statement to the police. at the hospital told me that all these a job. t back. I am strong enough to do it. But my ... I told him to kill me or else release me,
starts beating fast. My head starts aching. ad. I find it difficult to breathe. The doctor at roblems. He said not to think of them so
lips with him. But he forces it on me. I asked S his legal right and he has every right to do him not to have relations with me but he lot to trouble me in the night because I come have told him to bring home some other are. My children are big now and there should ). One night at 2 am he wanted to have sex. an earring. My chain was broken in three ur's house. He had been searching for me in e of marriage rights. S. I work hard. I even work on Sundays when work till late at night, now he removes parts
It is difficult to explain everything in words. means to live, it's better to live alone rather
ir daughters. My husband left me after the last ne else. From that time I have been attending


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to this estate work. I've suffered a lot. I wor my children. When my children grew up the help. They studied and then my eldest daugh
I got my eldest daughter married after as a housemaid. Then I returned and went ag found out my father had died, my mother ha daughters are married.
When I married my husband he was 27 doing business both here and in his hometov house built by my parents. There were four there with my youngest daughter. There is a My problems started with my husband beats me. I have had so many injuries and h keen to do that as I had grown-up daughters, him after he burnt me. He poured kerosene ( the fire myself. I rolled on the ground and e. hiding place. Yes. He watched till I burnt. S the kerosene oil I just sat there and thought is not worth living. But I really did not expe match I just Waited. Others came and put ou Everyone scolded him and said that I was gc over to the police. The next day they all coa After that only I realised what a fool I had b be. I just thought let him live. He used to be luck or my children's good fortune.
I was very young when all this first sta After six or seven months of marriage he sta talk to him. He just fights and beats me. I su My children used to cry when he fights. He he finishes his business and drinks and retur My children would never go to their father.
At night also my husband is not that go like that of one who has been cheated. Only Very roughly and uncivilised with me, espec I never told anyone. Once I got divorce She was also in the same situation as me. M but they did not know about our life problen They told me to just wait. Nobody else helps children, food, clothes, schooling. My broth I should just wait whatever he said or did. T with them they would intervene and try to st when I go there now his brothers and sisters Once when I was married I had decidec is this, it is better to die, I thought. When I s the plight of my children. I lived for them b

ked hard to earn my daily wages and bring up were able to go to school with my father's ter got a job in a private company.
saved money from going to Saudi. I worked ain to Dubai. When I returned from Dubai I i died some time before. Now three of my
years old and I was 17 years old. He was vn. It was a proposed marriage. We lived in a ooms, a kitchen and a veranda. I Still live so a well. when he started drinking a lot. He drinks and ld to go to the police and the courts. I was not I did not like it so I got divorced. I divorced )il and lit the match. I screamed and put out (tinguished it. He was watching me from his ) he had planned everything. When he poured it doesn't matter if he lights the fire, this life ct him to do it. Even when he struck the t the fire and admitted me to the hospital. ing to die and they were going to hand him ched me on what to say as to how I got burnt. een. I had felt sorry for him and just let him at me everywhere. I escaped due to my good
rted. I was very scared. I was a fool then. rted drinking. When he is drunk I don't really ffered, suffered and brought up my children. will come home around 9 or 10 at night when nS home after watching a movie with friends. Scared. All four of them. od. Nothing much. If you see my life, it is now I have realised. Sometimes he behaved tally when he takes drinks or ganja. d, I had a good friend whom I confided in. y parents knew about the fights and beatings ls. My parents told me not to say anything. 'd me, only my parents. They looked after the r and sister also helped. His family said that hey too knew about the beatings. When I lived op the beatings. They would scold him. Even are nice. They are very sympathetic to me.
that to die was the only way out. What a life aw my four children I asked what would be it now I have no problems.
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I was 23 years old and my youngest dal storybooks called Alimarani and Buthuli, wh reading these books I realised about life, wo started hating it. I decided that I don't need S When I went to get a divorce I did ever my case alone and gave the letter. I alone de back together but I cannot get back and live happened to me to the Quazi.
I don't know any women's organisations month I used to get beaten about two or thre and scolds in filth. I scold him too. After sor comes home drunk I am suffering no? So I sc doing all that if he comes home drunk I get V during the last stages I hit him. That happene hospital and I was getting a little better, at th not take it any longer. I had decided to get a When I went to the doctor I lied to him burn injuries I said that I had been reading a to keep the book, in my sleep the lamp fell b. suspicious. My neighbours knew the whole s
I am shy to tell this but I will. One day what they talked among themselves. Then the screamed and hit the friend. That is when the behaves in the same way with other women. When I went to the police they told me work as a daily labourer and not live with my police scolded him and frightened him a lot.
I have never spoken to anyone else. Thi about women's lives. Those days they did not about it as to what life is. It is also good to k I feel sorry for the women suffering in t ignorance. Some women think that if they lea going on with their life. They feel scared abo that is not true. They can live. There are mea our will power. I think of all these. Society w must think only about how we live.
Case 4
I am now 22 years old. I don't work. Before I My father died eight years ago and my mothe used to go to school I would visit my brother the same village as I am. He asked me to stal give my consent and only after three or four
because he would threaten to drink poison if
54

ghter was nine months. I started reading ich came out a long long time ago. After men and their future. It was after this that I Ich a husband. 7thing myself. I went to the Quazi and spoke ided on my case. The Quazi asked me to get ogether. I told some of the incidents that
. I don't move with a lot of people. In a
times. I always have to expect that. He yells he time I became less timid, so when he old. I do everything for his business. After ery angry. I generally don't hit back but d after he burnt me. When I returned from is time when he hit me I hit him back. I could divorce by that time. saying that I fell and injured myself. For the book in the lamplight and when I attempted y accident and I got burnt. The doctor wasn't tory but I went to the doctor alone. he came home with a friend I do not know
friend came near me in the kitchen. I fight became worse. My husband also
that I can't live with him. They advised me to
husband that he is a very bad man. The
s is the first time. Now people understand
understand much. It is better for all to know now how to lead a life. he same way. They are living a life of lve their husbands that they have no way of ut their future and their children's future. All ns of living. They can live. It all depends on vill say things but we don't need that. We
used to go to school. I lived with my mother. r does estate work to maintain us. When I 's house. There I saw a boy. He is also from t an affair. I was 18 years old then. I didn't months of pestering that I agreed. I agreed I didn't start an affair with him.


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After three months of having an affair ( funeral he asked me to come to his Aachi's h Somehow I found myself at Some place and t I regained consciousness a lot of things had victimised sexually. He had tied my mouth W consciousness I woke up like that. I was take up around seven in the morning. Then he to C sister initially gave consent but later withdre to marry me but I refused. His sister insisted me any food or anything while I was there.
My mother and brother had gone to the what happened and I told them the truth. The police were pestering and forcing him he ma couldn't Stay at my place we went to his hou there for two days but they didn't give us any locked me in a room and troubled me. My br I asked him why he raped me and he sa with him earlier and he wanted to make him Someone else. I agreed to marry him, since I another person, that was the reason I agreed because they caught us on the road after we
His parents were against the marriage & I have now filed a case to divorce him. Now Scared of the law but now I realise that all h When he deserted me, I went to the Ragala p willing to take me back but his parents refus for his family. They are rich, we are poor, so to file a divorce case. I thought he would co. by then he had got married to someone else.
The police were very nice to me. There spoke to me. When I made my complaint it v were very nice to me. I felt shy about telling Society; even my brothers di So Wined me toge When he first raped me I didn't' go to t me. That's why I didn't make a complaint fir compensation for me. I didn't go to any won active in the village but after this I sort of w Sad, when my friends are in good positions a Now, I go to work in the vegetable bed very hard up. At first they thought I had don pity me. When they were against me I thoug managed to bear it all up. When I was missi: do anything to my life of course, he didn't k Most of my friends are not with me any more I had then; they have distanced themselves,

)ne day we went for a funeral together. At the ouse. I don't know what happened but hen after that I wasn't conscious. Then when happened. I realised that I had been
ith a muffler band. When I regained 'n to that house around nine at night and woke k me to the house of one of his sisters. His 'w it and asked me to go home. He promised that we leave their place. They didn't give
police and the Mathurata police asked me n the police forced us to marry. Because the rried me. Then after we married Since we se. But we weren't welcome there. We stayed y food and really ill treated me. His mother Other came there and brought me home. id that because I had refuscd to start an affair his. But now he has left me and married was deflowered by him I couldn't go to to marry him. The police forced us to marry had left his sister's house. ind later arranged another marriage for him. I know that he married me because he was e ever wanted was to take revenge on me. olice, when they investigated he said he was ed because I am poor and not good enough
they didn't want me. So the only option was me back to me, so I waited for two years but
; were female and male officers who both was done in a public place and the officers them my complaint. I was isolated from ther with my other relatives. he police because he said he did that to marry St. My lawyer is trying to get some sort of hen's organisation. At first I used to be very ithdrew from Society. I feel ashamed. I feel und I am in a Situation like this. S. My family members can't help me. They are e wrong but now they know the truth and they ht of committing suicide but somehow ng my mother thought I was dead. He didn't ill me but he destroyed me every other way. . They avoid me. I don't have the friends because I am like ostracised from Society.
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People don't like to associate with people lil even the society is like that. Even when I go with my mother. I think the death penalty sh otherwise another girl might fall into the sa
Material and attitudinal constraints
A variety of reasons prevents most women f shame, community and family disapproval, children, negative attitudes and harassment lawyers, and doctors, are some of the reasor in her life and divorced her husband summe think that if they leave their husbands they feel scared about their future and their child ... there are means of living ... It all depend but we do not need that. We must think only
Unfortunately her attitude is in the mi shame, respect, economic dependence, fami of children encourage them to remain in a V sake of children was overwhelmingly cited to live with one's husband than to live alone be affected in the future. They may ask whe "What would happen to the children then? V would laugh. It's shameful." It is interesting family remaining together, many of the won temporarily. Many of them had gone to poli However, the overwhelming social atti experiences and advice they have had at the their families, to name a few, ensure that thi severest forms of violence. If the mechanis fail to do so, what else can a woman do but Mention has to be made of the attitude thoughts about Suicide were found present a many of the women suicide was also a strat or to bring public attention to the violence. strategy of the helpless. For suicide is a for
Views, attitudes and strategies
"I have pasted posters on walls saying 'a ma posters like that I tried to educate him." Thi village in Kattamurichaana in the Anuradha am strict and firm, he doesn't attempt to fo consent he will have sex if at all. He doesn'

ke me who have fallen into trouble. I guess, into town I hardly go alone. I normally go ould be mandatory for men like this, me pit.
S (O WO e.
rom addressing violence. Social Stigma, fear, financial insecurity, fear of losing their at the hands of the police, Grama Niladharis, ls. One woman who had experienced violence d up her attitude by saying, "Some women have no way of going on with their life. They ren's future. All that is not true. They can live S on our will power ... Society will say things,
about how we live." hority. Most of the women instead believe that ly and community pressures and the presence iolent situation. The reason of staying for the by the women. "I think it is more respectable . For this reason I feel the children should not re their father is." Or, as another woman said, What would their future be? The villagers to note that despite the emphasis on the hen had left their husbands, at least ce stations to make complaints. tude that prevails, coupled with the
hands of the police, the Grama Niladharis and e women are almost conditioned to bear the ms set forth to aid or alleviate their situation
remain in the environment of violence?
towards suicide. Attempted Suicide and mong many of the women of this study. For egy that was resorted to prevent the Violence However, it should be emphasised that it is a m of violence inflicted on the self.
in who beats his wife is an idiot." By pasting is was the strategy of a woman living in a pura district. Another woman said, "Because I rce sexual relations with me). Only with my t have relations if I don't like." Some women


Page 69
had resorted to strong positive measures to tr in. Others used their children to prevent the \ won't let him hit me, they hang on to me and me they don't let him hit me,"
These are the strategies of the women th understands the self-reliant strategies of the authority and those who purport to offer help Chairman of the Samatha Mandalaya in Anur women arising because of male domination, young people. He also cited the war situation home, leaving women alone. A woman Gram violence is acceptable. If a woman did somet A lawyer claims that men hit their wives, exc may have arisen with the man losing his tem there. There is no violence as such. A Social sexual urges, if a man wants to engage in Sex be in the mood but if you know that you are yourself up to him for that moment. Can't yo you are." A Police Officer claims that wives their husbands. A pastor advises the women cautions them not to abandon their husbands,
An observation made by the researchers authority were men, and as the situation of V. inflicted by men on women, it may be that th threatened by the situation in general. This is women hear constantly. Of course, we have a domestic violence in a positive and construct an injustice on our part. We have met dedical police desk officers, compassionate doctors, the minority.

y to alleviate the situations they were placed iolence. "The children if they are there they cry ... So when the children are close around
hemselves when faced with violence. One women when comments from those in
to these women are reviewed. The adhapura commented on violence against poverty and unchanneled sexual desires in as being one that removed men from the a Niladhari pointed out that in some cases hing wrong she would have to be punished. using it since it is not a calculated act and per and hitting his wife. The matter ends worker says that as males, like females, have ual intercourse with his wife "you may not not going to get pregnant by him, just give u make that sacrifice for him? However tired
Sometimes don't know their duties towards to win their husbands over by kind means and , as they would fall deeper into alcohol.
was that most of the people in positions of iolence against women is mostly violence e men in authority were themselves feeling only a small sample of what most of these few members of the community who address live manner; to dismiss their efforts would be ted social workers, sympathetic women's and sensitive lawyers; however they are in
57


Page 70
Cha
Conc
This violence-against-women research study experience violence against them. It, firstly, women's lives. It also revealed that the meas community to address the issue of violence a flawed in their administration. It revealed th towards victims of violence that often forces violence. It revealed the vulnerability of vict say that nothing has changed positively rega the increased public awareness of violence i. women activists and to dismiss the measures For despite the progress being seemingly ins behind, it is undeniable that women's deman
We saw women take control of their liv either divorcing the violent husband or earni children or attempting to achieve justice by obstacles encountered.
This violence-against-women research research on the field. Many of the women ex They thanked us. They touched us and held ( limejuice and invited us to their homes or th children and invited us to come again. But th believed we came to them because we cared.
I would like to conclude on a positive I violence against women is making great pro women is something we will not have to wo question. What do we have here? What we h experienced by these women. A system that woman's shoulders. A system that advises th good. What we have is a system that seems t against her.
58

pter 5
lusion
exposed the predicaments of women who revealed the presence of violence in many ures established by the state and the gainst women were either inadequate or e negative Societal and community attitude
women to remain in an environment of ims of violence. But all is not negative. To rding violence against women is to disregard n the lives of women, ignore the work of
taken to prevent, address and eliminate it. ufficient and in some cases appearing to fall ds have effected positive change. 'es, working through the avenues available, by ng a living to support themselves and their accessing the legal system despite the many
also revealed the "human' face of doing pressed great relief at having spoken to us. our hands. They gave us cups of tea and eir friends' homes. They introduced us to their he undeniable fact is that all these women
And that touched them. note. I would like to say that the fight against gress. I would like to say that violence against ry about. Instead I will ask and answer a ave is a system that reinforces the violence puts the onus of the blame squarely on a em to sacrifice themselves for the greater o fail a woman who has experienced violence


Page 71
Cha
Recomm
Legal reforms
"Feminist engagements with law can bes of equality, gender and gender differenc that may be best able to promote womei
Though the divide between formal equality (a equality (achieved through the reconstruction is great, the introduction of legal reforms is exercise by women of their rights. The fo recommendations for change to the legal syst
Domestic Violence
"Legal responses and implementatic governments and the particular Societ intolerable."
Countries generally tend to take one of two ap legislation. One view states that the crimin violence. This school of thought propagates emphasis on mediation and therapy rather than views domestic violence as criminal conduct, from such conduct in other contexts.
The best approach is a holistic one which is a penal aspects of criminal law with the reme domestic violence legislation.
The conduct should be viewed as criminal, as of the act. On the other hand to focus on the solution to the problem. The victim should b time both the offender and the victim shoul counselling etc).
Kapur. R., Cossman.B., Subversive Sites: Fe Sage Publications, New Delhi, p. 285. 2 University of London, LSE for Change Pro,

ter 6
endations
een as an effort to transform the meaning ....It is the process of engaging with law 's participation in decision making"
chieved through law reform), and substantive of societal structures, perceptions and beliefs)
an important step in the full realisation and llowing section will put forward practical C.
)n is dependent on a recognition by ty generally that domestic violence is
proaches when formulating domestic violence al law is ill-equipped to deal with domestic a conciliatory/welfare approach and places on incarceration and fines. The other approach conduct which should be treated no differently
combination of the two. It should combine the dies of the civil law system and create new
to do anything else would lessen the severity criminality alone will not help find a lasting e given protection by the law, yet at the same d be given support (in the form of therapy,
'minist Engagements with Law in India,
gramme.
59


Page 72
It is recommended that:
The state formulate a national plan of ac The divorce laws be amended to give eq exercise their rights with regard to and \ Commission set up to evaluate divorce la
Existing legal remedies such as the breac be developed. These remedies can be str in the context of domestic violence.
Ο A remedy developed from a breach obtained on the balance of probabi attacks. Breach of the order is a cril a warrant. The order is granted if it the person against whom the order is need not be present in court for the
Ο An injunction can be one of two
offender from molesting or harassir the offender from a part or all of th home is situated. Injunctions usuall the offender without warrant for a
Comprehensive domestic violence legis remedies be enacted rather than introduc be structured along the following lines : on Violence Against Women' : (See An.
Ο The definition of domestic violence with international standards.
O The relationships which come withi wives, live-in partners, girlfriends, f
Ο The criminal and civil procedur restrictions on women bringing sui
O The state should provide for victi members and close associates of providers to complain about incide action in court.
Connors.J., Government Measures to Co, London, 1992. Report of the Special Rapporteur on Viol E/CN.4/1997/47, 12 February 1997, p. 18.
60

tion to battle domestic violence.
ual rights to women to enable them to freely within marriage. The recommendations of the w by the Ministry of Justice be implemented.
n of peace procedure and civil law injunctions engthened and modified to be more effective
of peace procedure allows for a court order, lities, which protects the victim from further minal offence and the police can arrest without is shown that it is more probable than not that granted is liable to cause damage. The person order to be granted.
varieties. It can be an order prohibiting the g the victim or an order excluding or evicting le matrimonial home or the area in which the y contain provisions which allow the arrest of preach of the order.
lation that provides both civil and criminal ing piecemeal reform. The legislation should recommended by the UN Special Rapporteur пехиre A)
should be as broad as possible, and compatible
n ambit of the legislation must include former emale relatives and female household workers.
e laws should be amended to remove any ts against spouses and live-in partners.
ms, witnesses of domestic violence, family
victims, state and private medical service nts of domestic violence to the police or file
front Violence Against Women, University of
ence Against Women, Radhika Coomaraswamy,


Page 73
Ο The state should ensure that police ( calls of domestic violence when the is in progress; where the reporter i violence is in effect and is likely to b that domestic violence has previous
Ο The police should be educated with 1 in interviewing and handling the col
Ο Police officers responding to call domestic violence report which sho and (where applicable) the family co annually to the Ministry of Women's
O Provision should be made for the is
preliminary injunctions, restraining
Ο Protection orders which operate to assisting the victim, from further vi independently, unaccompanied by an
Ο The Attorney-General should de prosecuting domestic violence cases
O The victim's testimony should be suf complaint should be made solely on
Ο Enhanced penalties should be inclu
and use of weapons.
O Clear sentencing guidelines should
O The state should ensure the provision crisis-intervention centres, immedi
counselling.
O The state should assist in the compu
abusers.
O The state should develop and exec
judicial officers and counsellors.
Rape
"Rape is not merely a physical assault, it of the victim". State of Punjab v Gurmit Singh

officers are gender-sensitized and respond to
reporter states that violence is imminent or indicates that an order relative to domestic pe breached; and where the reporter indicates ly occurred.
regard to the proper procedure to be followed mplaint.
s of domestic violence should complete a uld be collated by the Department of Justice urt. The Department of Justice should report
Affairs.
suing of ex-parte orders which may contain orders etc.
protect the victim, a relative or a person olence or threat of violence should be issued
application for divorce or judicial separation.
velop and adopt guidelines for officials
d
ficient for prosecution; no move to dismiss a
the grounds of uncorroborated evidence.
ided for repeat offences, aggravated assault
be established.
n of emergency services which should include late medical attention and emergency legal
lsive long-term rehabilitation of victims and
ute training programs for police officials,
is destructive of the whole personality
1.


Page 74
Although the 1995 amendments to the Penal the reforms, which were cautious in nature, d preserve the patriarchal value system and bi therefore needs to take progressive steps to sensitive to the plight and needs of women an and Standards.
It is recommended that :
The definition of rape be expanded to inc are equally degrading or offensive, such genitalia. The Penal Code section on grav etc. either be incorporated into the rapes and instead the definition is made broac "sexual assault" - a term that encompass
The cautionary rule, requiring independel victim (which is addressed by the judget from the scope of judicial instruction th
疆 The Canadian example in R v Ewanch communicating by words or conduct the v with the accused" should be followed. implied consent and said that the victim where the victim agrees to sexual activity the fear need not be reasonable nor com
Abortion laws be amended to allow wom. from rape to do so.
The Penal Code be amended to create ; rape an offence.
The Penal Code be amended to render statutory rape regardless of the fact tha children between the ages of twelve and provisions if their community allows má
Laws to encourage best treatment prac with victims to treat them with sensitivi
The state set up legal advocacy progran with the police through to the legal proc
bid.
62

Code abolished many antiquated provisions, o not go far enough. Many provisions, which ases, are still in existence. The government
ensure that the Sri Lankan legal system is d adheres to international human rights norms
lude acts other than sexual intercourse, which as oral sex or the insertion of objects into the a sexual abuse that includes insertion of objects ection, or the term "rape" be done away with, ler following Canada's example i.e. introduce es a range of offences. (See Annexure B)
ht corroboration of the testimony of the woman o the jury) be withdrawn. It should be removed rough the adoption of legislation.
luk which defined consent as "affirmatively woman's agreement to engage in Sexual activity The court in this case rejected the notion of had to effectively say yes. It also stated that y because she honestly fears physical violence, municated to the accused.
en who wish to terminate pregnancies resulting
an unconditional provision rendering marital
intercourse with a girl under sixteen years t the girl is the wife of the person, since girl | sixteen are unprotected by the statutory rape arriage under the age of sixteen.
tices, i.e. laws which instruct those working ty and compassion be enacted.
himes to assist victims in lodging a complaint teedings.


Page 75
Rape shield laws be enacted to prot examination and to limit the admissib conduct with anyone but the defendant.
The provision relating to custodial rape the authorities/institution, i.e. the auth rape did not take place.
Sexual ha rassment
"It (sexual harassment) is a personal attac fear and violating a woman's right to bo movement. It is ultilised as a powerful
through which women's subordinate soc
Report of the Special Rapporteur C Coomaraswamy
Legal responses to sexual harassment take o and Sri Lanka have criminalised the conduc America and Australia allow women to S employment, such as gender discrimination countries such as Australia contains a broa employers vicariously liable for the harass provisions for education and dissemination t The following recommendations are put forv from sexual harassment.
It is recommended that:
The current definition in the Penal Coc guidelines, if necessary, as to what con
In the area of sexual harassment in wo Supreme Court in Vishaka v State of R:
Civil remedies which allow financial rec harassment in the workplace.
Equal opportunity laws be enacted to p work-environment free of sexual haras employers duty bound to create an anti structures to investigate complaints and also be made vicariously liable for the harassment. Though this measure may a countries such as Australia and has res harassment seriously.

:ct women from hostile and abusive crosslity of evidence relating to the victim's past
be amended to shift the burden of proof on to orities/institution will have to prove that the
k on women's minds and bodies, instilling dily integrity, education and freedom of mechanisms of control and intimidation, ial status is maintained."
in Violence Against Women, Radhika
ne of two approaches: countries such as India t while countries such as the United States of eek redress under legislation pertaining to or equal opportunity statutes. Legislation in ld definition of sexual harassment and make ment of their employees. They also include o increase awareness about sexual harassment. ward to enhance the right of women to be free
le be codified in clear and concise terms with stitutes sexual harassment.
orkplaces the guidelines set out by the Indian ajasthan are followed. (See Annexure C)
ourse to the victim be made available for sexual
ut the onus on the employers to ensure that a Sment is created. This law should also make -Sexual harassment policy and set up in-house discipline transgressors. The employer should actions of the employee with regard to sexual uppear draconian, it has been put in practice in ulted in employers taking the issue of sexual
63


Page 76
Incest
Incest is an insidious crime that is an abuse o most often girl children who are dependent of in a vulnerable position. The 1995 amendme laudable, but further reform is required for th
In most cases children whose parent/s are i.e. jail, due to the lack of child shelters create child-friendly environments for t
Amendments to the Evidence Ordinanc pre-recorded evidence is recommended by the child.
It is recommended that abortion be legali
It is recommended that proceedings in c in Such cases.
Medical personnel and others with a du cases of incest they may come across to
Legal provisions should be introduce compulsory.
Abortion
Women should have the right to have contr relating to their sexuality. Since the exercise rights and right to health it is recommended
Abortion be decriminalised and the pre It is recommended that the laws relating with the United States Supreme Court d prior to the end of the first trimester the regulation by the state whether in his terminated.
Improving the response of formal In
Police
Ο The police training college should the state should formulate guideli victims of violence.
64

fpower and a betrayal of trust. The victims are in their abusers and therefore are powerless and nts to the Penal Code in relation to incest were he provisions to be fully effective.
2 accused of incest are put in protective custody, and foster homes. The state therefore needs to he protection of child victims.
e to enable evidence in camera and the use of . This will help lessen the trauma experienced
ised in cases of pregnancy resulting from incest.
courts be informalised and made child-friendly
ity of care should be duty-bound to report any ) the police.
'd rendering family counselling and therapy
ol over their bodies and to determine matters of this right is also related to their reproductive that:
sent provisions in the Penal Code be repealed. g to abortion are liberalised and brought in line ecision in Roe v Wade, where it was ruled that attending physician is free to determine without
medical judgement the pregnancy should be
stitutions
include gender training in its curriculum, and nes for the police to help them in dealing with


Page 77
The
Women and children's units should b
The existing women and children's resources and better training to enabl against Women.
The social composition of the wome reflect the diversity of the local pop
The police stations should be loc atmosphere at and Surrounding the women victims of violence.
Special measures such as career inc women and children's units, to incr within the police force should be un
Women and children's desks should organisations and women's groups a
Police stations should be restructured rooms for questioning and interview available for questioning victims, ta
Women's presence in the law enfor recruitment and promotion.
Programs should be initiated to bring force, i.e. they should not always se
Gender-sensitive indicators should b the gendered nature of crime.
medical sector
Issues of violence against women si policy
Health workers and medical profess the campaign against Violence-agair
Specific protocols on gender violenc the clinical profile of victims, refer information, and should ensure priv
Health care providers should be counselling, examining Victims and

pe established in every police station.
desks should be expanded and given more eactive intervention in situations of violence
an police officers manning the desks should ulation in the area.
ated in safe and acessible areas, and the
police stations should inspire confidence in
entives for those who choose to work in the ease the profile of women's police stations dertaken.
l cooperate closely with non-governmental ctive in the field of violence against women.
in a more user-friendly manner with separate S, and female police officers should be made king Statements etc.
cement sector should be increased through
g about attitudinal change amongst the police
ek reconciliation.
e integrated in all crime statistics to highlight
hould be incorporated into a national health
ionals should be made aware of their role in
St-WOmen.
:e should be developed, and should highlight ring systems, screening questions and legal
acy and confidentiality
given specialised training that includes collecting evidence for prosecution.
55


Page 78
Ο Medical schools should incorporat
curricula.
Ο Rehabilitation programmes for victir programmes for offenders can be par
Ο InterSectoral working groups com professionals and representatives o violence against women should be coordination of efforts.
Ο Examination kits for cases of sexual
Ο DNA testing should become a norm ir This would expedite the trial proces Stronger.
The judiciary
Ο Since many judgements in cases of \ discrimination and a lack of understar the judiciary too has to be sensitise raisiting, in the form of seminars and c training. The judges' training institute as a part of its curricula.
General Recommendations
At the state policy level, the legal, m coordinate their efforts to ensure the
The state, in cooperation with non-g shelters for women victims of violen
Programmes that assist women Vic independent, such as self-employme
A data base on the various forms o psychological effects and the effecti be established.
The education system should ensure not include gender Stereotyping and
The media should promote positive existing myths, misconceptions and
Legislation should be enacted to allow
66

e gender-based violence as a topic in the
ms and offenders should be formulated. The t of the court sentence.
prising health care workers and medical f local organisations active in the area of è formed for sharing of information and
violence should be developed.
the collection and use of forensic evidence. S and at the same time help make the case
Jiolence against women reflect gender bias, lding of the issue of violence against women, d with regard to gender issues. Awareness 'ourses, should be an essential part of judges' : Should include gender sensitization courses
edical, health and education systems should
Success of any national strategy.
overnmental organisations, should establish
CC.
:tims of violence in becoming financially
nt schemes, should be devised.
f violence against women, its physical and
veness of Support services provided should
that the curricula and teaching methods do biases. S.
images of gender roles and should dispel biases.
public interest litigation.


Page 79
Interview Guide for W(
Community Name: --------------------------.
Interview Location: --------------------------
Interviewer: "My name is ..................... , а studying women's lives. We are collecting i. the main problems are, and if there might b future. Unfortunately, we aren't able to assi:
I understand that you have agreed to talk to Thank you for agreeing to do this.
I will be writing down what you say, but I a the stories of many women like you, but it v will know that you are the person that those feel embarrassed to talk about your persona help other women.
Do you have any questions?
May I begin by asking you a bit about yours
Personal Information (Interviewer: D
Age .................................
Marital status: O Married
Cohabiting Separated O Divorced
{) Widowed
Never married
If married, duration of marriage: ................
If separated/ divorced/ widowed, how long

men Affected by Violence
-- Interview No: -------------------------
nd I am working for an organization that is nformation about women's safety to see what 2 ways of preventing these problems in the st with individual cases.
us about your experiences. Is this correct?
m not writing your name. Our report will give
will not give anyone's real name. No-one else things happened to, so I hope you will not
l life with me. Your views and experiences can
elf?"
not read out headings.)
since relationship ended .......................
67


Page 80
Number of children: .................. Age and Sex: 1. ...............
L LLLL 0 LL LL LL S LL LLL YS Y S Y Y S Y Y S Y 0L SYS LLLL L 0 L0 LLL 0L 00 0 0 0 LLL LLL LL LL SL LL SLLL Y LLL LLL LL SD LL LLL LLL LLL ESL LLL LLL LLLL ESL SL SLS S L S
0 Y LL 0S 0L LL LLL YS YS Y LLL LLL 0L L 0L L 0L LLL 0 S 0 0 L 0 Y 00 0L S0L 0L L L 0 0 S LLL LLLL 0 Y L DLLL 0L S SLS L L SL LL LLL LLL S LLL LS
L 0 LLL 0 Y z LLS L0S L0 LL 0 L L 0 S Y S L 0 S S YS LLL LL 0 LLLLL LLLL S0SLS SLLLL LL LLL LLLLL S 0 LL LL LLL L0L LLLL S SY Y LLL LLL SSY L S LL LLL LLL S LLLL LLLL LLLL 0 L0L LSSL
LLLL 0 L 0L 0L 0 0L L0 LL 0 SKS S S LL L LLL LL Y LL S LL LLL DLL LLLL SS 0L S0L LL LLL 0 SLS LL LLLL LSL LS L S L S S S S S L S L S LLS LLS LLS S L SS LSS S S SS LLS
Educational level, respondent: .................
Educational level, husband: .................
Husband's age: .................
Economic Resources
Ownership of house: O respondent
O husband O both togethe other persor rented
Type of housing: ..................................
Number of rooms: .................................
Sources of household income:
respondent .................................. husband ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . other ..................................
Control of respondent's income: S. h
O j
6.

pondent of persons living in same house):
LSLS LSL SLL SLSS LSL LS S LLL LLL 0L L0 0L L L LLLLL LL LLL LLL LLL LLL 0L LLL LSS SL
SL SSL SS SL SL SL SL 0SLL LS LL LSL LLL LLLL S S LLL LL LLL SL LSL S S LSL L L
S S S S S S S L S S L L L L L L 0S S SL S L SLS S S S S S S LS
LS LS LSL S LS S SL S LS SL LLSLL L L S L L L S LS S LSL S S S S
SS SS LS SS LS LS LS LS LS LSLL LL LSLL LLLL LLLL LL LSLL LL
LL LS LS LS LS LS LL LLL LLLL LSLL 0 S 0L 0 L0L LLL LLLL L0 LLL LLLL LL LLL LLL 00 SLS LL LS LS SS S SS S SS SL LSL LLL LLLL LS LL LSL LLL LLL LL


Page 81
Other assets of respondent: [ ] land
[] savir O other
Self husband joint
Control of these:
Social Support
Contact with own family (parents/ sibling
LLL SS SS SSL SSL SSL SS SLS DSL LLS 0 0LLS SS 0 LL 0 SL SL L L L0L LL SDSL Y L S LL LL 0L SLLL LLLL LL S 0 0 0L L 0L 0 0L 0 L L LL LLL Y S 0L S 0L 0 L C LLL LLL Y z 0L 0L
S S SLS LS S S S S S S 0LL S LSL LSL S SLS L L SL SDSS LLL LL LL LLL D L L L L L L L S L SLL 0L L 0L 0L Y 0L L S S0LSS S0S 0L LLLL SYS0 LLL LLLLL S YS 0L LL S 00S LLLL 0L Y SYS 0LL
L S L S LS L S S S S SS S S S S S S S S LS SS S LSL S LSL SLS S LLL LL 0 LLS LL SLSL LL LLL Y Y 0L DL 0L Y SLSL L L L L L L L L 0L S LL Y Y LLLLL 0L CL LLLL LL LLL LLLL 0 Y L
LLL 0LS S LSS S SS S SS LLSL LLL LL 0 LL 0 S L0 S 0 LL LSL 0L L0 S DL LLL DLL L S 0S L Y L0 0L LL LL zS 0 0 0L 0 0L 0 0 0 0L L L YL S SY LLLLL LLL S Y S 0 0 0 S 0LL S0LL
LL LLL LLLL LL LL LLL LLL LLLL LL LLL LLLL S SSSS S SS L SLL 0 L LL LLL GLL SL LL SLLL L S SLL LLL L0L LLL 0 0S0 LL 0SLS S L0L S 0 LL LL L0L LL LLL YS LL 0 LL LL LLL LLL LLS 0L LL 0 0 LL LL LL0
S L L D L S DLL LL LLL DLL LS Y LSL DL LLL DLL L YL S 0 L L 0 L SY 0L LL LLL L 0L 0L 0L 0L 0 S 0L LLL LLL 0LL YS L S L S L 0LL 0S GLLS LLS Y 0 LL zS LL 0L LL LLL LLLL CL zS LLL

SS LL SLLLL LL LLL LLLL LL LLL LLL LLL Y LLL YS LL LLLLLL GL LLLLS LLL LLLL S0LS LL LLS SY S cL L0 LLLL LL LLL LLLL SLLLL LL LLL LLLLSSLLL LSL LLL LLL GLLL LLLL LLLL LLLL LL Y LL L0L LL LLL LLL 0LLS 0LL LL LLLLL LL LL SL SLLLL LLL LLL 0L LL LLS LLL LLLS Y
LL LLLL LL LL SL LLLL LLLL SLL LLL Y SY LLL LLL SY Y L SLL L SY LL L SLL SLLL L SLSL LL L SLL 0 L LL 0L LLLLL L L 0L SLSL L L0L LLL 0L LL LLL LLS LLL 0L SY LLL LLLL LL LL SLLL LLLL LL 0 LL 0 LL LLL LLLL L 0L S0
LLL K SLLL LLLL SLLL LLLL L0 L0 LLLL LLLL LL LLL LLL LLL LL GL LLLL LL LL SL LLLL LLL LL 0 LL LL LLL LLL LLLL LL 0 LL LLLLL LLLL LL 0 LL LL 0 LL LL LLL LLL LLS LL LLL LLLL LL 0 LLLLL LLL LLL 0L SYS0L LL 0 LL LLLL LL 0 S LL S 0L SLLL
L L SLL SYS LLLLL LLLL LS L Y L L L L L L L L 0 LL LL LLL SY LL LLL LLL LLL SzS S0 LL LL 0S LL LLL LLL LLLL SLLL LLLL LLLL LL 0 LL L S S0S S LLL 0LS0L LLL 0LL Y 0 S SL0S YS SS 0L LL LLL LLL LLLL SS 0L LL 0L LL LL S 0L SY
S0L 0L L L 0L S0L LLLL LL LLL LLLL LL 0 LL LL 0L LLLLL LL LLL S0L 0L L L 0L 0L L0 0L L S S0 YS 0L L 0LS 0L LL LLL LLL LLLL YS S LLL LL LLL LLL LLL LLL 0LS LL 0L SLLL LLLL LLLL 0 0 0L S S LLLLL LL LLL YS LS L SSY 0 S YS S0L S L
LL LLL LSL LLL LLLL SSSS Sz L S LL L0L L 0 L 0L LL 0 LL0 LL GL 0 LLLL LL LLL LLL S L LLLL LLLL LSL 0 LLLLL LLL L0L L LL 0L L 0 L L L L L L LL0L LL L0 LLLL LL LLL L0L 0L LLL LLLL LL 0 LL LL 0 0L L LLLL
69


Page 82
For Cases Of Viol
Interviewer: "Could you tell me about the v have faced) in your family?
If you don't mind, I'd like to start using the t what you have to say and write it down later
tape."
(Interviewer: Allow the informant to tell he, her, using your active listening skills. Tick O in her story. When she has finished, go back ticked, using open-ended questions. /
Checklist on Nature of the Incidents:
1.
11.
12.
13.
14.
15.
16.
When violence began Who are/were the perpetrato Nature of the physical viole) Nature of the injuries Medical treatment sought/re Weapons or implements use Frequency: times per week/I During pregnancy Witnessed by children Children also hit/maltreated Other effects on children e. Regular pattern to the violen Triggers, or apparent causes Who else witnessed or knew
Sexual violence Psychological violence eg. she looks/where she goes/w
Checklist on Effects
1.
Effects on respondent's emo suicide, etc) Effects on respondent's phys chronic pains, headaches etc Effects on respondent's beha COntacts, etc.

ence in the Family
iolence/bad treatment that you are facing (or
ape recorder now, so I can listen properly to . No-one else will be allowed to listen to this
story in her own way, without interrupting ff items on the checklist below as they occur
and ask for information on the items not
S nce: e.g. hitting, kicking, punching etc
ceived d month/year
g. sleep disturbances, school problems
C
for the violence
f
insults, shaming, blaming, controlling how ho she sees, etc
tional state (her feelings about herself,
sical health e.g. sleep disturbances,
vior e.g. stays home, restricted social


Page 83
Checklist on Coping Strategies
1.
2. 3. 3.
Strategies for self-protec Left home/reasons for le How long before she told Who was told first
Checklist on Formal and Informal I Experiences with:
1.
Extended family Community, including W Grama Niladhari
NGOS
Medical system
Police Court system (prosecuto
Checklist on Respondent's Perceptic
What was most helpful
What was most frustratii Was the violence justifie Advice for other women Suggestions for improve Have experiences chang Reactions to today's inte

tion aving/returning | others/asked for help
Interventions
omen's groups
rs and magistrates)
DS
hg d? -
in same situation
ment S
ed her
rview
71


Page 84
For Cases
Checklist on Nature of the Incident(s)
Age at which incident(s) o Relationship to perpetrator Nature of assault Weapons or implements us Physical injuries, if any Sexually transmitted disea Whether became pregnant; How long before she told a Who was told Reasons for telling/not tell
Checklist on Effects
1.
2.
3.
Effects on respondents em Suicide, etc) Effects on respondent's phy chronic pains, headaches e Effects on respondent's bel contactS, etc.
Checklist on Formal and Informal Int Experiences with:
1.
Extended family Community, including wor Grama Niladhari
NGOS
Medical system
Police Court system (prosecutors
Checklist on Respondent's Perception
What was most helpful
What was most frustrating Advice for other women in Suggestions for improvem. Have experiences changed Reactions to today's interv

of Rape/Incest
ccurred
(s)
ed
ՏՇՏ
outcome of pregnancy nyone
ing
otional state (her feelings about herself,
ysical health e.g. sleep disturbances, tC havior e.g. stays home, restricted Social
erventions
men's organizations
and magistrates)
same situation
2ntS her


Page 85
For Cases of
Checklist on Nature of the Incidents
When incidents began Nature of harassment Relationship to perpetra How long harassment co Whether became pregna Threats made/ rewards c Who else knew, their att
Checklist on Effects
1.
2.
3.
Effects on respondent's suicide, etc) Effects on respondent's chronic pains, headache Effects on respondent's COntactS, etc.
Checklist on Coping Strategies
1.
2. 3. 4.
Strategies for self-prote How long before she to Who was told first
Reasons for telling/not t
Checklist on Formal and Informal I Experiences with:
1.
Extended family Community, including w Grama Niladhari
NGOS
Medical system
Police Court system (prosecuto
If sexual harassment was wor
8. 9.
Women co-workers Union
10. Employer
If sexual harassment was edu
11.
School principal, or univ

Sexual Harassment
tor(s)
intinued nt; outcome of pregnancy ffered itudes and what they did
emotional state (her feelings about herself,
physical health e.g. sleep disturbances,
S etC behavior e.g. stays home, restricted social
ction ld otherS/asked for help
elling
Interventions
vomen's organizations
rs and magistrates)
k-related, experiences with
cation-related, experiences with rersity/ college authorities
73


Page 86
Checklist on Respondent's Perceptions:
What was most helpful What was most frustrating Advice for other women in sam Suggestions for improvements Have experiences changed her Reactions to today's interview
74

he situation


Page 87
Data Gathering
Introduce yourself and the purpose of the si Inform respondent of official support for th Note respondent's name, position and rank. Note the institution's name and location, ar.
1. What are your areas of responsibility How long in this job? Any special training in handling
2. What is the routine practice for report
How quickly are women seen? Are they always seen by a woma How are these cases recorded? ( Who lays the charges, the police
3. What kinds of cases of family violenc
Statistics are available? (If not, What would you call a minor cas
4. How do you deal with minor cases? s e.g. Suspect sent for/cautioned/ beate - victim assisted in obtaining me - couple counseled/husband cou What kind of advice do you give the v What happens if the victim wants to d
5. What kinds of problems are involved How long do they normally take
6. What is the routine practice for report
How quickly are the women see Are they always seen by a woma How are these cases recorded? ( Statistics are available? (If not,
7. Where does the victim have to go for
How does she get there?
8. What are the problems in dealing with
9. What facilities/equipment are availab. e.g. separate room or desk for dealing building (privacy and accessibility); s follow-up or transportation to hospita

Guidelines: Police
udy. e study.
d the interview date.
VAW cases?
ing a case of family violence? Where do they have to wait? n officer? If not, why not? Ask for copy of any forms)
or the victim?
e do you see here? get respondent's estimate) se/ serious case?
erious cases?
n up/ arrested and detained :dical report, or sent away to do it herself, etc. nseled or warned / both sent for mediation etc. victim'? .... to the offender?
rop the charges?
in dealing with these cases? to resolve?
ing a case of rape or sexual assault? ? Where do they have to wait? n officer/ If not, why not? Ask for a copy of the form) get respondent's estimate)
a medical examination?
rape and sexual assault cases?
e at the Women's Desk? with VAW cases, and its location within the
ufficient chairs; availability of vehicle for l.
75


Page 88
10.
11.
12.
13.
How is the unit viewed by others at the other officers?
In your opinion, why do some women in
How could the services provided be imp
Other comments and suggestions?
Conduct interviews with Women's Desk offic if possible, women using the service.
Research assistant to test system, and make o
76

station? Co-operation between Desk and
ot report family violence or rape?
roved?
er(S), other officers, station commander, and
wn observations.


Page 89
Data Gath]
Prosecutors
Introduce yourself and the purpose of the Inform respondent of official approval fo Note respondent's name, position and job Note the institution's name, location and
1.
10.
1.
12.
13.
What are your areas of responsibilit
How long in this job? Any special training in handli
What is the routine practice for han Any special forms used? (Ask
What kinds of cases of family viole Statistics available? (If not, ge
What kinds of problems are involve violence?
What use is made of restraining orc
What forms of sentencing are used"
What use is made of civil remedies maintenance orders, custody orders
What are the problems with th
What is the routine practice for dea rape?
What forms are used ? (Ask for a c Statistics available? (If not, get res
What problems are there with obtai
In your opinion, why do some wom
How could services be improved?
Other comments or suggestions?
Observe the facilities, the atmosphere ar

ring Guidelines:
and Magistrates
study.
r the study.
description. the date of the interview.
y?
ng WAW cases?
dling cases of family violence?
for a copy)
ince do you see here? at respondent's estimate)
2d in dealing with cases of family
lers? Do the police enforce them?
? What is most effective?
, e.g. judicial separation or divorce, 9
tese?
ling with cases of sexual assault or
opy).
pondent's estimate).
ining medical evidence for rape cases?
en not report family violence or rape?
ld the way any women present are treated.
77


Page 90
Data Gathering
Introduce yourself and the purpose of the Inform respondent about official approval Note respondent's name, position and job Note the institution's name and location, a
1. What are your areas of responsibility How long in this job? Any special training in handling
2. What is the routine practice for deali
How quickly are women seen? Are patients with physical injur How is reporting to police dealt How are these cases recorded?
3. What kinds of family violence cases/ Statistics are available? (If not,
4. Are there any particular problems in
violence?
5. What is the routine practice for deali Are physical examinations done If not, why not? What tests are done/ samples ta How long does the whole medic
6. How are these cases recorded? (Ask fo: Statistics available? (If not, ge
7. What are the main problems in dealii
8. In your opinion, why do some wome
9. How could services be improved?
10. Other comments or suggestions?
Observe the facilities, the atmosphere, anc

Guidelines: Medical
tudy.
for the study. lescription. nd the interview date.
VAW cases?
ng with cases of family violence? Where do they have to wait? ies always asked about the cause?
with? (Ask for copy of any forms)
injuries do you see here? get respondent's estimate)
dealing with victims of family
ng with cases of rape?
with a female doctor/nurse present?
ken? Victim's clothing? :al process take?
a copy of any forms) t respondent's estimate)
ng with rape cases?
n not report family violence or rape?
how any women present are treated.
78


Page 91
Data Gathering Guid
(e.g. women's leaders, elders, community lea teachers, NGO personnel, family planning pr trade union leaders, Grama Niladhari and oth
Introduce yourself and the purpose of the stu Inform respondent about official approval for Note respondent's name, and position in the c Note location and date of interview.
1. What kinds of violence against women
2. How often do these happen?
3. Do you see any of these as a serious pro
4. Has the situation got worses better in re
5. Are there any circumstances in which it
woman?
6. Are there any circumstances in which it
7. How does it affect the children if their I
8. Who would help a woman who is beate
Support from local women's group
Have you ever become involved?
9. What should a woman who is beaten by
leave him?
10. Why do women usually stay with violer
time?
ll. What should a woman who has been rap
12. What should a girl who has been raped
13. What would help reduce violence again
14. What would make it easier for Woment
15. Can anything be done in this communit
For interviews with Grama Niladhari and NG dealing with cases of VAW, and if so, what is

elines: Key Informants
ders, religious leaders, school principals and
viders, traditional healers, business persons, ers, as applicable in each community)
ly.
the study. ommunity.
happen in this community?
blem?
cent years? In what way?
is acceptable for a man to use violence on a
is not acceptable?
mother is beaten by their father?
h by her husband?
S or NGOs?
her husband do? Is it acceptable for her to
it husbands, or go back to them after a short
ved do?
by her brother, father or uncle do?
st women?
o get help?
7? Who could do it?
Os, also ask whether they have a system for
it?
79


Page 92
COMMISSION ON
Report of the Special Rapporteur on and Consequences, Radhika Coo mara Commission on Human Rights Resolu
A framework for model legislation on
Introduction
1. This framework for model legislation o to comprehensive legislation on dome legislation is to serve as a drafting guid to lobbying their legislatures for compr
I. DECLARATION ON PURPOSE
2. The purpose of this legislation is to:
(a) comply with international standard
(b) recognise that domestic violence
women, occurring within the famil
(c) recognise that domestic violence co and Society which will not be excu
(d) establish specific legislation pr interpersonal and family relations) preventing further violence;
(e) create a wide range of flexible an special domestic violence legislat domestic violence and harassment and within the family, and protect
* E/CN.4/1996/53/Add.2 (2.2.1996)
80

Annexcure A
HUMAN RIGHTS
Violence Against Women, Its Causes swamy, submitted in accordance with tiOn 1995/85
domestic violence
utlines important elements which are integral stic violence. The objective of this model e to legislatures and organisations committed hensive legislation on domestic violence.
ls sanctioning domestic violence.
is gender-specific violence directed against y and within interpersonal relationships;
institutes a serious crime against the individual sed or tolerated,
ohibiting violence against women within hips, protecting victims of such violence and
d speedy remedies (including remedies under ion, penal and civil remedies) to discourage of women within interpersonal relationships women where such violence has taken place;


Page 93
II
(f) assure victims of domestic violence from physical and sexual to psycholo
(g) establish departments, programmes, s not limited to shelters, counselling p aid victims of domestic violence;
(h) facilitate enforcement of the crimina against women within special interpe
(i) enumerate and provide by law con
not limited to:
(i) emergency services for victims of
(ii) support programmes that meet the
families.
(iii) education, counselling and therap
victim;
(iv) programmes to assist in the preve: which includes raising public awa.
(j) expand the ability of law enforcem the law effectively in cases of dome of abuse;
(k) train judges to be aware of the issue and security for the victims in c; guidelines for protection orders trivialise domestic violence;
(l) provide for and train counsellors t domestic violence to rehabilitate p
(m) develop a greater understanding v causes of domestic Violence an eradicating domestic violence.
DEFINITIONS
It is urged that states adopt the broadest pos. and relationships within which domestic Violations are not as culture-specific as in flows are blurring distinctive cultural prac

the maximum protection in cases ranging gical violence;
ervices, protocols and duties, including but rogrmmes and job-training programmes, to
l laws by deterring and punishing violence rsonal relationships;
nprehensive support services, including but
abuse and their families;
specific needs of victims of abuse and their
beutic programmes for the abuser and the
ntion and elimination of domestic violence reness and public education on the subject;
ent officers to assist victims and to enforce stic violence and to prevent further incidents
S relating to child custody, economic support ases of domestic violence by establishing and sentencing guidelines which do not
o Support police, judges and the victims of )erpetrators of domestic violence;
within the community of the incidence and d encourage community participation in
sible definitions of acts of domestic violence violence occurs, bearing in mind that such itially observed, since increasing migration tices, formally or informally. Furthermore,


Page 94
10.
11.
III
12.
the broadest definitions should be international Standards.
States are urged to enact comprehensive criminal and civil remedies rather than and civil laws.
Domestic Violence
Legislation shall clearly state that viole against women within intimate relation
The language of the law must be clear a from gender-specific violence within th violence must be distinguished from infr;
Relationships to be regulated
The relationship which comes within th must include: wives, live-in partners, fc girl-friends not living in the same house to sister, daughters, mothers) and fema
States should not permit religious or offering all women this protection.
States should offer protection to non accountable to the same Standards as m
There shall be no restrictions on wor partners. Evidence laws and criminal provide for such contigencies.
Acts of Domestic Violence
All acts of gender-based physical, psyc) against women in the family, ranging fro kidnapping, threats, intimidation, coerc or unlawful entry, arson, destruction of or bride-price related violence, fem exploitation through prostitution, Viole commit such acts shall be termed "dom
COMPLAINT MECHANISMS
The law shall provide for victims, wit and close associates of victims, state anc

adopted with a view to compatibility with
domestic violence legislation which integrates making marginal amendments to existing penal
ince against women in the family and violence ships constitute domestic violence.
and unambiguous in protecting women victims e family and intimate relationships. Domestic a-family violence and legislated for accordingly.
he purview of legislation on domestic violence )rmer Wives or partners, girl-friends (including ), female relatives (including but not restricted le household workers.
cultural practices to form an impediment to
-national women and hold non-national men en of their nationality.
nen bringing Suits against spouses or live-in and civil procedure codes shall be amended to
hological and sexual abuse by a family member m simple assaults to aggravated physical battery, ion, stalking, humiliating verbal abuse, forcible property, Sexual violence, marital rape, dowry tale genital mutilation, violence related to nce against household workers and attempts to estic violence".
nesses of domestic violence, family members l private medical service providers and domestic


Page 95
13.
14.
5.
16.
17.
violence assistance centres to complain of or file action in court.
Duties of police officers
The law shall provide that police officers and protection in cases of alleged domest
Police officers shall not assign a lower p family and household members than to c Strangers.
Police shall respond at the scene of dome
(a) the reporter indicates that violence i
(b) the reporter indicates that an order
is likely to be breached;
(c) the reporter indicates that domestic
The police shall respond promptly even violence but is a witness of the violence health provider or professional working a
On receiving the complaint the police sha
(a) interview the parties and witnesses, i. an opportunity to speak freely;
(b) record the complaint in detail;
(c) advise the victim of her rights as ou
(d) fill out and file a domestic violence
(e) provide or arrange transport for the vi for treatment, if it is required;
(f) provide or arrange transport for the v to a safe place or shelter, if it is req
(g) provide protection to the reporter of
(h) arrange for the removal of the offen and if the victim is in continuing da

incidents of domestic violence to the police
shall respond to every request for assistance ic violence.
riority to calls concerning alleged abuse by alls alleging similar abuse and violations by
‘Stic violence when:
is imminent or is in progress;
elative to domestic violence is in effect and
violence has occurred previously.
where the reporter is not the victim of the 2, a friend or relative of the victim, or is a it a domestic violence assistance centre.
all:
ncluding children, in separate rooms to ensure
tlined below;
report as provided for by the law;
ictim to the nearest hospital or medical facility
fictim and the victim's children or dependants uired;
violence;
der from the home and, if that is not possible
nger, arrest the offender.
33


Page 96
18.
19.
20.
21.
Alternative Complaint Procedu
The victim, witness or reporter may file in the judicial division where;
(a) the offender resides;
(b) the victim resides;
(c) where the violence took place;
(d) where the victim is temporarily
further abuse.
The victim may file a complaint alleg private health facility, which shall dire that health facility is located.
A relative, friend or person from wh complaint alleging an act of domestic v accordingly.
Statement of the victim's rights
The purpose of the statement of the vi legal remedies available to her durin infringement of her legal rights. It also in relation to the victim:
(a) The police officer shall communi the victim, identifying himselfo requires that the police officer in crime is alleged to have been com the suspect immediately, persuade the household.
(b) The officer must drive the victim.
to have her injuries attended to.
(c) If the victim wants to leave her res
to a safe place or shelter.
(d) The officer shall take all reason
dependants are safe.
(e) The officer must provide the victin
available to her, in a language that

e
a complaint alleging an act of domestic violence
residing if she has left her residence to avoid
ng an act of domestic violence with a state or ct it to the police in the judicial division where
om the victim requests assistance may file a iolence with the police, who shall investigate it
ctim's rights is to acquaint the victim with the g the initial stage when she complains of an outlines the duties of the police and the judiciary
cate to the victim in a language understood by r herself by name and badge number. The law form the victim of domestic violence that, if a mitted against her, the officer must either arrest him to leave the household or remove him from
, or help her find transport, to a medical facility
idence, the officer must help her to find transport
hable steps to ensure that the victim and her
m with a written statement of the legal procedure she understands. The statement must indicate that


Page 97
(i)
(ii)
(iii)
(iv)
(v)
(vi)
the law provides that the victim n and/or a court prohibiting further anyone in her household or anyo refuge;
the restraining order and/or court property held in common from de
the restraining order may order th
tn the event of the violence taking public holidays, the victim must b obtain a restraining order by calli.
the victim need not hire a lawyer order;
the offices of the clerk of the court to persons seeking to proceed witl To obtain a court order, the victim prescribed district/jurisdiction;
(vii) the police shall serve the ex-parte
D. Domestic violence report
22.
23.
It shall be the duty of the police officer complete a domestic violence report whi should be collated by the Department of Ju
The domestic violence report shall be on a It shall include but not be limited to:
(a) the relationship of the parties;
(b) the sex of the parties;
(c) information regarding the occupatio
(d) the time and date the complaint was
(e) the time the officer began investiga
(f) whether children were involved and
the presence of children;
(g) the type and extent of the abuse;

nay seek an ex-parte restraining court order abuse against the victim, her dependants, ne from whom she requests assistance and
order shall protect the victim's property or struction;
e offender to vacate the family home;
g place during the night, at weekends or on be informed of emergency relief measures to ng the judge on duty;
to get an ex-parte restraining order or court
shall provide forms and non-legal assistance
h ex-parte restraining orders or court orders. must be advised to apply to the court in the
: restraining order on the offender.
responding to a domestic violence call to ch shall be a part of the record. The report stice and (where applicable) the family court.
form prescribed by the police commissioner.
nal and educational levels of the parties.
received;
tion of the compliant;
whether the domestic violence took place in
5


Page 98
24.
25.
IV
26.
27.
28.
(h) the number and type of weapons US
(i) the amount of time taken in handlin
(j) the effective date and terms of the
(k) any other data necessary for a comp to the alleged incident of domestic
It shall be the duty of the police commi Departments of Justice/Women's Affair domestic violence reports.
The annual report shall include but not
(a) the total number of reports receive
(b) the number of reports made by the
(c) the number of reports investigated:
(d) the average time lapse in respondil
(e) the type of police action taken in
arreStS.
DUTIES OF JUDICIAL OFFICE
Ex-parte temporary restraining
An ex parte order may be issued on t circumstances where the defendant ch Summoned because he is in hiding. A injunction against further violence an disturbing the victim/plaintiffs use of es
It is also recommended that a wider cate apply for a restraining order. It is conce to have access to the legal system. It is offering assistance to the victim may all
Where a situation of grave danger exists and she is unlikely to be safe until a court or welfare worker may apply to a judge relief, such as an ex-parte temporary res within 24 hours of violence occurring.
86

ed;
g the case and the actions taken by the officer;
order issued concerning the parties;
}lete analysis of all the circumstances relating
violence.
ssioner to compile and report annually to the s and Parliament all data collected from the
pe limited to:
d;
victims of each sex;
ng to each report;
disposing of cases including the number of
ERS
order
he application of a victim of vioience in looses not to appear in court or cannot be in ex-parte order may contain a preliminary d/or preventing the abuser/defendant from Sential property, including the common home.
gory of persons besides the victim of violence ivable that the victim may not be in a position ; also conceivable that witnesses and persons so be in danger of violence.
to the life, health and well-being of the victim order is issued, the victim/plaintiff, a relative : or magistrate on duty to provide emergency training order to be issued against the abuser


Page 99
29.
The ex-parte temporary restraining orde
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
compel the offender to vacate th
regulate the offender's access to
restrain the offender from con frequented by the victim;
compel the offender to pay the v
restrict the unilateral disposal of
inform the victim and the offend order, he may be arrested on the
inform the victim that, notwiths domestic violence legislation, sh complaint against the offender;
(viii) inform the victim that, notwith
(ix)
domestic violence legislation anc initiate a civil process and compensation;
require each party to fulfil his/h proceeding for an order of prol juvenile court and/or proceeding
30. Emergency relief would include an ex-p
effect until a court order is issued but temporary restraining order has been iss
31.
The plaintiff must be informed of the fo
(a) that notwithstanding use of an ex-p legislation, she can apply for a coul for a renewal of the court order, ar complaint against the defendant;
(b) that an application for an ex-parte
to other civil remedies such as the r or modification of the temporary re
(c) that, on 24 hours' notice to the plair or modification of the temporary re

r may:
e family home;
dependent children;
tacting the victim at work or other places
ictim's medical bills;
joint assets;
er that if the offender violates the restraining criminal charges brought against him;
tanding the use of a restraining order under e can request the prosecutor to file a criminal
standing the use of a restraining order under application for criminal prosecution, she can Sue for divorce, separation, damages or
ær continuing duty to inform the court at each Lection at any civil litigation, proceeding in is involving either party.
arte temporary restraining order, to remain in for not more than 10 days after the ex-parte ued.
llowing:
arte restraining order under domestic violence
it order to protect her from further violence or d/or request the prosecutor to file a criminal
restraining order in no way affects her access ight to apply for a judicial separation, divorce straining order,
stiff, the defendant may move for a dissolution :straining order.
87


Page 100
32.
33.
34.
35.
36.
37.
38.
Non-compliance with an ex-parte restr contempt of court proceedings, a fine an
Protection Orders
Application for a protection order may Worker or person assisting the victim of
Application for protection orders may b orders or independently of such restraini
Protection orders may operate to protec person assisting the victim of domestic violence.
Judges should be required to conduct h application for a protection order.
Judges should uphold the provisions out
The court order may provide any or all C
(a) restrain the offender/defendant fro
her dependants, other relatives and abuse;
(b) instruct the defendant to vacate th
the ownership of Such property;
(c) instruct the defendant to continue t to the plaintiff and their common d
(d) instruct the defendant to hand ove
personal effects to the plaintiff;
(e) regulate the defendant's access to c
(f) restrain the defendant from conta
frequented by the plaintiff;
(g) upon finding that the defendant's u threat of harm to the plaintiff, prol
possessing a firearm or any such W
(h) instruct the defendant to pay the plai
fees;
(i) prohibit the unilateral disposition (
88

aining order shall result in prosecution for d imprisonment.
be made by the victim, a relative, a welfare domestic violence.
e made on the expiry of ex-parte restraining ng orders.
it the victim, a relative, a welfare worker or violence from further violence or threats of
earings within 10 days of the complaint and
lined in the victim's statement of rights.
f the following relief:
m causing further violence to victim/plaintiff,
persons who give her assistance from domestic
e family home, without in any way ruling on
o pay the rent or mortgage or pay maintenance lependants;
r the use of an automobile or other essential
lependent children;
acting the plaintiff at work or other places
Ise or possession of a weapon poses a serious nibit the defendant from purchasing, using or
eapon specified by the court;
ntiffs medical bills, counselling fees or shelter
)f joint assets;


Page 101
39.
40.
41.
42.
43.
44.
45.
46.
47.
(j) inform the plaintiff and the defendai order, he may be arrested with or w against him;
(k) inform the plaintiff that, notwiths'
domestic violence legislation, she complaint against the defendant;
(l) inform the plaintiff that, notwiths domestic violence legislation, she ca separation, damages or compensati
(m) conduct hearings in camera to prot
The burden of proof in these proceeding domestic violence did not take place.
Judges should order dispatch of copies
the police zones where the plaintiff and hours of the issuing order.
Compliance with protection orders sha Violation of a protection order is a cri contempt of court proceedings and impri
Where the plaintiff files an affidavit that of filing an ex-parte restraining order ol without the payment of fees.
Mala fide and unjustified claims for a pro plaintiff to pay costs and damages to the
CRIMINAL PROCEEDINGS
The prosecuting attorney or Attorney-Ge written procedures for officials prosecut
When a court dismisses criminal charge: specific reasons for dismissal must be re
In criminal actions concerning domestic in the information sheet that the alleged
The victim's testimony shall be suffici complaint shall be made solely on the gr

it that, if the defendant violates the restraining thout a warrant and criminal charges brought
anding the use of a restraining order under can request the prosecutor to file a criminal
anding the use of a restraining order under n activate the civil process and sue for divorce, On;
ct the privacy of the parties.
s is on the accused to demonstrate that such
of all protection/restraining orders issued to those protected by the order reside, within 24
ll be monitored by the police and the courts. me. Non-compliance shall result in a fine, sonment.
: she does not have the funds to pay the costs
r a protection order, the orders shall be filed
otection order may move the court to order the
defendant.
ineral shall develop, adopt and put into effect ing crimes of domestic violence.
s in a crime involving domestic violence, the corded in the court file.
fiolence, the prosecuting attorney shall charge act is one of domestic violence.
2nt for prosecution. No move to dismiss a ounds of uncorroborated evidence.
89


Page 102
48.
49.
50.
51.
52.
53.
54.
55.
56.
57.
58.
59.
V
60.
Upon conviction for a domestic violenc results of the case.
During the trial phase, the defendant : unsupervised contact with the plaintiff.
The issue of a restraining order or proti fact in subsequent criminal proceedings,
Depending on the nature of the offence, time with a minor domestic violence offe counselling may be imposed, along with of the victim is obtained.
Upon conviction of a defendant for a s may order a term of incarceration and co
Enhanced penalties are recommended in offences, aggravated assault and the use
Counselling shall not be recommended assault.
Clear sentencing guidelines shall be esta
CIVIL PROCEEDINGS
A protection order may be issued while ci or compensation are pending.
In these circumstances, protection order of civil proceedings.
Protection orders and restraining orders by an application for divorce or judicial
The issuance of a restraining order or pri fact in subsequent civil proceedings.
PROVISION OF SERVICES
Emergency Services
The state must provide emergency servi
90

2 offence, the judgement shall so indicate the
accused of domestic violence shall have no
2ction order may be introduced as a material
and where a defendant is charged for the first ince and pleads guilty, a deferred sentence and a protection order, provided that the consent
erious crime of domestic violence, the court punselling.
h case of domestic violence involving repeat
of weapons.
in lieu of a sentence in cases of aggravated
ablished.
vil proceedings for divorce, judicial separation
s may be issued in addition to and not in lieu
may be issued independently, unaccompanied
Separation.
Dtection order may be introduced as a material
ces which shall include:


Page 103
(i)
seventy-two hour crisis intervent
(ii) constant access and intake to ser
(iii) immediate transportation from th
or safe haven;
(iv) immediate medical attention;
(v) emergency legal counselling and
(vi) confidential handling of all con
their families;
B. Non-emergency services
61.
62.
States must provide non-emergency servi:
(a)
(b)
(c)
delivery of services to assist in the lo violence through counselling, job ti
delivery of services to assist in the counselling;
programmes for domestic violenc
welfare assistance programmes;
(d)
delivery of services in co-operatio state and local services and prograr
Training of police officials
The police department shall establish and for police officers to acquaint them with
(a)
(b)
(c)
(d)
(e)
the nature, extent, causes and conse
the legal rights and remedies availa
the services and facilities available
the legal duties imposed on police o and assistance;
techniques for handling incident likelihood of injury to the officer a dependents.

ion services;
vices;
le victim's home to a medical centre, shelter
referrals;
acts with victims of domestic violence and
ces which shall include:
png-term rehabilitation of victims of domestic raining and referrals;
long-term rehabilitation of abusers through
e which are administered independently of
n and co-ordination with public and private, nimeS;
maintain an education and training programme
:quences of domestic violence;
ble to victims of domestic violence:
to victims and abusers;
fficers to make arrests and to offer protection
s of domestic violence that minimize the ind promote the safety of the victim and her


Page 104
63.
64.
65.
66.
67.
68.
69.
70.
71.
Every police cadet should be trained to
Special units should also be establishe specialized training to handle more con
Educators, psychologists and victims sensitise the police.
Training of judicial officers
Provision shall be made to conduct onon the handling of domestic violence ca
(i) the issuing of ex-parte restra
(ii) the issuing of protection ord
(iii) guidance to be given to victi
(iv) sentencing guidelines.
Training shall include an initial course review for a prescribed number of hour
Special family courts should also be est with intensive and specialized training
Training of counsellors
States shall provide trained counsellors t violence and perpetrators of violence.
The law shall mandate counselling pro and not as an alternative to, the crimina
Counselling programmes must be desig
(i) help the perpetrator take responsib
not to inflict further violence;
(ii) educate the perpetrator on the ille
72. Funding for counselling and perpetrator pr
assigned to victims of violence.
92

respond to domestic violence cases.
d where police officers receive intensive and plex cases.
should participate in Seminar programmes to
going training programme for judicial officers lses. Training shall include guidelines on:
ining orders;
rS;
ms on available legal remedies;
or a prescribed number of hours and an annual S.
cablished and the judiciary should be provided to handle more complex cases.
support the police, judges, victims of domestic
grammes for perpetrators as a supplement to, l justice system.
ned to:
bility for his violence and make a commitment
gality of violence
grammes should not be taken from resources


Page 105
73. The law should provide but not mand
Counselling for victims of violence must
(a) provided as a free service;
(b) empowering to the victim and assist
strategies to protect herself from fur her life.

ate counselling for victims of violence. Oe:
her in deciding on short-term and long-term her violence and to restore the normality of


Page 106
SEXUAL ASSAULT: CAN
The crime of sexual assault comprises an assa 265 (1) of the Criminal Code, which is comm that the sexual integrity of the victim is viola
Section 265 (1) A person commits an assault
(a) without the consent of another pers person, directly or indirectly;
(b) he attempts or threatens, by an act if he has, or causes that other perso present ability to effect his purpos
(c) while openly wearing or carrying a impedes another person or begs se
(2) This section applies to all forms of ass
with a weapon, threats to a third party c assault.
94

Annexure B
ADIAN CRIMINAL CODE
ult within any one of the definitions in section itted in circumstances of a sexual nature, such ted.
when
on, he applies force intentionally on that other
or a gesture, to apply force to another person, n to believe on reasonable grounds that he has
Or
weapon or an imitation thereof, he accosts or Xual favour.
ault, including sexual assault, sexual assault or causing bodily harm and aggravated sexual


Page 107
VISHAKA v STATE
Guidel
Duty of the employer or other res other institutions:
It shall be the duty of the employer or othe institutions to prevent or deter the comn provide the procedures for the resolution harassment by taking all steps required.
Definition
For the purpose, sexual harassment incl behaviour (whether directly or by implica
(a) physical contact and advances; (b) a demand or request for sexual favo (c) sexually-coloured remarks; (d) showing pornography; (e) any other unwelcome physical, verb
Where any of these acts is committed in ( conduct has a reasonable apprehension th work, whether she is drawing salary, or hor public or private enterprise, such condu health and safety problem. It is discrim reasonable grounds to believe that her ob with her employment or work, including hostille work environment or adverse con not consent to the conduct in question or
Preventive steps:
All employers of persons in charge of v Sector, should take appropriate steps to p
to the generality of this obligation, they
(a) Express prohibition of sexual harass be notified, published and circulate

Annexure C
OF RAJASTHAN
ines
ponsible persons in workplaces and
r responsible persons in workplaces or other hission of acts of sexual harassment and to , settlement or prosecution of acts of sexual
udes such unwelcome sexually determined Ltion) as:
սr:
al or non-verbal conduct of sexual nature.
ircumstances whereunder the victim of such hat in relation to the victim's employment or norarium or voluntary, whether in government, ct can be humiliating and may constitute a inatory, for instance, when the woman has lection would disadvantage her in connection recruiting or promotion, or when it creates a sequences might be visited if the victim does
raises any objection thereto.
workplaces, whether in the public or private revent sexual harassment. Without prejudice should take the following steps:
ment as defined above at the workplace should d in appropriate ways.
95


Page 108
(b) The rules/regulations of governmen and discipline should include rules/r provide for appropriate penalties in
(c) As regards private employers step prohibitions in the standing orders Orders) Act, 1946.
(d) Appropriate work conditions should and hygiene to further ensure that th at workplaces and no woman employ that she is disadvantaged in connec
Criminal proceedings:
Where such conduct amounts to a speci
under any other law, the employer shall i
law by making a complaint with the appr
In particular, it should ensure that vi discriminated against while dealing with ( of sexual harassment should have the opt own transfer.
Disciplinary action:
Where such conduct amounts to miscond service rules, appropriate disciplinary a accordance with those rules.
Complaint mechanism:
Whether or not such conduct constitutes a rules, an appropriate complaint mecha organization for redress of the compl; mechanism should ensure time-bound tre
Complaints Committee:
The complaint mechanism, referred to i where necessary, a Complaints Committee including the maintenance of confidentia
The Complaints Committee should be he members should be women. Further, to or influence from senior levels, such C party, either NGO or other body who is í
96

t and public Sector bodies relating to conduct egulations prohibiting Sexual harassment and
Such rules against the offender.
is should be taken to include the aforesaid under the Industrial Employment (Standing
be provided in respect of work, leisure, health ere is no hostile environment towards women fee should have reasonable grounds to believe tion with her employment.
fic offence under the Indian Penal Code or nitiate appropriate action in accordance with opriate authority.
ctims, or witnesses are not victimized or pomplaints of sexual harassment. The victims ion to seek transfer of the perpetrator or their
uct in employment as defined by the relevant ction should be initiated by the employer in
in offence under law or a breach of the service anism should be created in the employer's aint made by the victim. Such complaint
atment of complaints.
n (6) above, should be adequate to provide, , a special counsellor or other support service, lity.
aded by a woman and not less than half of its prevent the possibility of any undue pressure omplaints Committee should involve a third familiar with the issue of sexual harassment.


Page 109
I0.
The ComplaintsCommittee must make a concerned of the complaints and action
Workers' initiative:
Employees should be allowed to raise is and in other appropriate forum and its employee meetings.
Awareness:
Awareness of the rights of female em particular by prominently notifying the enacted on the subject) in a suitable ma
Third-party harassment:
Where sexual harassment occurs as a re
outsider, the employer and person-in-ch: to assist the affected person in terms of

n annual report to the Government Department
taken by them.
sues of sexual harassment at workers' meetings hould be affirmatively discussed in employer
ployees in this regard should be created, in guidelines (and appropriate legislation when
11. C.
sult of an act or omission by any third party or arge will take all steps necessary and reasonable
support and preventive action.
97


Page 110
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Page 111
Geographical Areas Cov
Anuradhapura
Thirappana Kekirawa Galkulama Puliayankulama Mawathawewa Periyakulama Pandikettuwewa Sivalakulama Ginanikulama Galwadluvaagama Orumaankulama Maankulama Pudukkulama Karambaagama Rambava Kattamurichaana Meewellava Sandanangkulama
Matara
Nawimana Polhena Gandara Parawahera Kohawela Kapugama Wele goda Raasandeniya Polhena Interior MadihavWatta Porawatte Maathotagama Perawatta
Nuwara Eliya
Estates
Brookfield Estate (Kandapola) Oliphant Estate (Nuwara Eliya)

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Page 112
Mahacoodagalla Estate (High Forest, Mahacood Glendover Estate (Ragala)
Towns
Kandapola Hava Eliya Mahacoodgalla Forest Jayalanka
Mihidipura Shantipura Bambarakelle Lady Maccallum Sanda Thenna
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Page 113
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Page 120
Sometimes there is no Blood Domestic Violence and Rape in Rural Sri Lanka
For years the efforts of women's rights activists to combat violence against women in Sri Lanka have been curtailed by the debilitating lack of information and awareness about the issue. Sometimes there is no Blood: Domestic Violence and Rape in Rural Sri Lanka addresses this lacuna and provides readers, both activists and others, with a comprehensive and thorough assessment of the situation and puts forward practical and feasible recommendations for change. The Volume. which is based on extensive and comprehensive data gathered during research in rural Anuradhapura. Nuwara Eliya, Matara and Kandy, illustrates the widespread manifestations of violence against Women in Sri Lanka. Hussein's work, through the presentation of hard-hitting and most often heart-wrenching evidence, stresses the urgency for legal reform, gender sensitizing and training.
ISBN : 9SS-580-052-9
 

ICES
The International Centre for Ethnic Studies (ICES), Colombo Sri Lanka was established in 1982. Through its 24 years of existence, ICES has strived to evolve a model of historically sensitive theoretical and empirical research in ethnicity, social and political process. ICES, established as a non-profit organization chartered under Sri Lankan company law, is a non-governmental organization situated in Sri Lanka. The ICES commitment to diversity is reflected by its multi-ethnic Sri Lankan staff. The ICES Board of Directors, international in composition, reflects its strong international ties.
ICES's four broad objectives are :
(a) the advancement of human rights; (b) the contribution towards national
cohesion; (c) promotion of international peace; (d) contribution towards a more
equitable development process
ICES organizes regular Seminars, workshops, often collaborating with other institutions to conduct joint projects. It is continuing its work in the areas of comparative federalism; democratic transitions, regional cooperation and conflict resolution; Sri Lankan governance, South Asian comparative electoral process; ethnic conflicts, multiculturalism and modes of ethnic co-existence; and Violence against
WO1 Ch.
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