this section suggests that if the restraint is in good faith in relation to action that obstructs a private right
of property in the belief of a lawful right to do so, there is no criminal liability. This can be interpreted
to justify gender based violence by restraining a woman on the ground of “belief in good faith” that the
restraint in relation to a property right was legal and justified, and showing an absence of intent to act
wrongfully. However the general defence of good faith in criminal law according to S. 51 of the Penal Code
requires proof of “due care and attention” to plead good faith as a defence. This places some restriction
on the capacity to plead good faith in a situation where there has been wrongful restraint.
An additional offence of wrongful confinement in S. 331 of the Penal Code refers to committing wrongful
restraint so as to prevent freedom of movement beyond specified limits. This is also a minor offence.
Since this offence is connected with the offence of wrongful restraint, the defence of good faith and the
ensuing limitations will apply in cases of wrongful confinement.
The Constitution of 1978 introduced a fundamental human right to freedom from arbitrary arrest,
detention and punishment, Art 13. [See Annex, section on Constitution]. However the legality of the arrest
means that law enforcement agencies may act under specific legislation and claim powers of arrest. Arrest
and detention powers exercised by the Police under the Vagrant’s Ordinance (1841) can be used against
women who engage in street prostitution. This is a form of gender based violence that can impact on
reproductive health and rights, which is justified as a lawful exercise of police powers and a response to
creating a public nuisance. (See Annex). Wrongful restraint and confinement can now amount to domestic
violence under the Domestic Violence Act 2005, giving the rights and remedies provided in that legislation,
which will be discussed later. [See Annex section on Domestic Violence]. Sri Lanka has recently ratified
the Convention on the Protection of All Persons from Enforced Disappearances (2016). This will perhaps
encourage review and reform of the law in this area.
iii) GBV Associated with Financial Transactions
This type of GBV can impact on the reproductive health and psychological wellbeing of a woman, and
amount to an infringement of rights protected by the legal system. It is a topic that is often ignored in
responding to GBV and infringement of reproductive health and rights.
a. Domestic Violence Associated with Financial Transactions
A violent husband can force a married woman to transfer her property. She can also be compelled
to enter into contracts or transactions like mortgages and loans. Such conduct can constitute the gender
neutral offence of Criminal Intimidation in the Penal Code. If the criminal intimidation is in relation to
property, the property should belong to the woman (See Annex).
A separate offence of Extortion in the Penal Code, which is also gender neutral can be relevant in cases
of GBV. This involves putting in fear of injury to a person or another and dishonestly inducing the victim
to deliver property, a valuable security such as a fixed deposit or anything signed or sealed, which may be
converted into a valuable security. (Penal Code S. 372.) Injury is defined widely in the early Penal Code and
includes any illegal harm to body, mind, reputation or property. (Penal Code S. 43).
Today, domestic violence is defined in the Act of 2005 as including both these Penal Code offences.
(Schedule I DV Act). We shall see emotional abuse is also considered as within the definition of domestic
violence (S. 23 DV Act). Consequently emotional abuse defined in S. 23 as “a pattern of cruel inhuman and
COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS
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