Principles of good practice for Courts of law, outlined in Judicial Colloquiums of Commonwealth
Judges (e.g. The Bangalore Principles) indicate that judges have a duty to apply international treaty law
in their interpretation of laws, unless such application conflicts with local laws. There are many cases
in the Supreme Court interpreting Fundamental Rights which have used principles of treaties ratified by
Sri Lanka in their decisions. For instance the Torture Convention has been referred to in interpreting the
Fundamental Right to Freedom for torture in Article II of the Constitution. A consistent judicial practice in
this regard in Courts can be useful in responding to the protection of Reproductive Rights and preventing
their infringement in GBV. [See Annex and section on International law].
B. EXISTING LAWS APPLICABLE ON REPRODUCTIVE RIGHTS AND GBV
I) SUBSTANTIVE LAW
Reproductive Rights may be infringed by GBV in the family and community. Some laws that apply in
relation to violence in the community can be relevant to violence in the family, but this is not necessarily
so. The differences will be mentioned in the account given below.
Reproductive rights described earlier can be impacted by different types of GBV. Applicable laws will be
categorized according to the types of violence.
(i) Fatal Injuries : Criminal Law and other Laws
Female Homicide or Femicide.
This violence can occur in the family (as domestic violence) or in the community. There are many cases
of femicide in law reports and the media. They usually reflect power relationships in the family, and are
embedded in social attitudes that legitimize physical violence against women because of a perception that
they are weak. Chapter XVI of the Penal Code, the basic criminal law of our country has always recognized
murder and culpable homicide as a grave criminal offence perpetrated against the right of every man
and woman to bodily integrity or personal security. Murder and Culpable Homicide Not Amounting to
Murder are both described as “offences affecting the human body and affecting life.” (Penal Code S. 293
and Exceptions 1 to 5, S. 294, S. 296, S. 297). General Defences to such offences such as provocation and
intoxication can often be traced to GBV, and can involve infringement of rights relating to reproductive and
sexual health. These offences and the defences are defined in a gender neutral way without addressing
the specific context for GBV. (S. 293 and Exceptions to S. 294 discussed in next section).
Recent jurisprudence in the Supreme Court (see annex) enables causing death under torture in situations
of State detention or custody to be considered as a violation of the fundamental right to freedom from
torture recognized in Art. 11 of the Constitution. [See Annex, and section on Constitution]. This conduct
may therefore be considered torture under the Torture Act (1994) S. 12.
Suicide
Suicide by women can be caused because of emotional or psychological abuse, and can be considered
a form of GBV. Attempted suicide was considered a criminal offence until the law was changed by an
amendment of 1998 (see Non-Fatal Injuries). It is therefore not considered a crime in our law. Suicide
is treated as self-inflicted fatal injuries, and no one is held responsible for this act. English Common law
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COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS