Emotional and Psychological Abuse, Physical Violence and GBV
The Penal Code of Sri Lanka unlike the Penal Code of India on which it has been modelled, has not been
amended to incorporate an offence of emotional and psychological abuse of adult women independently
or as a dimension of physical violence. Yet such abuse can impact on reproductive and sexual health. The
Penal Code has some gender neutral offences like Criminal Intimidation and Insult (S. 483) which can be
used to prosecute what are in fact offences involving emotional psychological violence. Amendments to
the Penal Code in 2006 for the first time include psychological abuse as a factor that can be considered
an “injury” for the purposes of awarding compensation for various crimes of physical and sexual violence.
Changes in approach are reflected in more recent legislation. The Ragging Act 1998 includes causing
psychological injury or mental pain or fear to a student or a member of Staff in the definition of ragging.
We shall see that psychological abuse is also included in the definition of Domestic Violence in the Act of
2005. However we shall see that this dimension can, but is not considered significant in the criminal justice
system at the stage of sentencing as seen in evidenced based research on sentencing and compensation in
cases of sexual abuse and violence. It is considered incidentally relevant in proving the offence of sexual
harassment in the Penal Code, and in compensation for the offence. [See Annex and section on sexual
harassment].
Physical Gender Based Violence and Psychological Abuse in the Workplace
Sri Lanka has a plethora of good legislation that protects women workers. These laws give protection
against abuse and exploitation, including in industrial work places and factories. However these
protections are not available to the large number of women in casual employment. Labour inspection
and co-operation between Employers and labour authorities and decent work practices are at the heart
of effective enforcement of Sri Lankan labour laws. Where these systems are ineffective women workers
experience GBV in the work place. [See Annex].
Sexual harassment in the work place will be considered in the section on sexual violence. However
poor employment practices such as mandatory production targets set during working hours, restricted
toilet breaks and poor toilet facilities violate women worker’s reproductive rights. Psychological harm that
impacts on these rights is caused by poor labour practices such as constant verbal abuse by managers and
supervisors, and denial of maternity benefits and leave entitlement under labour laws.
The Labour laws of Sri Lanka are governed by Establishment Codes in certain sectors such as the Public
Service, Universities, and similar institutions. The private sector is governed by separate legislation on
maternity leave. All sectors are now governed by laws or Administrative regulations that provide 4 month
maternity leave for two pregnancies, and six weeks for others. The public service and university sectors
also provide extended leave according to government regulations introduced by the former government.
This leave extends to an additional period of six months with half pay, and a further six months on no
pay. Termination for pregnancy is also prohibited. There is anecdotal evidence that some private sector
employers do not recruit women, deny this leave, or terminate employees when they become pregnant,
indicating the failure of the labour law enforcement inspection system against persons in the private sector
who violate the law and women’s reproductive rights. [See Annex].
COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS
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