in children and adoption. (S. 360 D). It is an offence to “recruit a woman or couple to bear a child,”
thus prohibiting surrogacy, but exclusively for the purpose of placing a child in adoption. (S. 360 D (iii)).
Falsification of birth registration or records for adoption, procuring children from hospitals and other
defined child care or welfare centres for money or other consideration by intimidation of the mother,
is now a criminal offence. (S. 360 D (iv) and (v)). Impersonalisation of the mother or assistance to her to
impersonate for purposes of adoption is also an offence (S. 360 D (vi)). Obtaining the consent of a pregnant
woman for money or other consideration for the adoption of an unborn child is an offence. (S. 360 D (ii)).
These are all grave offences with severe punishments.
Emergency Contraception and Blood Tests
Emergency contraception is available in medical forensic procedures for cases of rape. As observed
blood tests for STD and HIV require consent and there are issues of privacy. (See Annex).
II. PROCEDURAL LAW
Sri Lanka’s legal system following English law received in the colonial period treats criminal justice
and civil law procedures differently. It has different principles of law applicable to criminal and civil trial
procedures. Commissions established by law may also investigate, inquire and take action (e.g. the Bribery
Commission and the Human Rights Commission). The 19th Amendment now requires Parliament to enact a
new law or Act to establish a Bribery Commission. These different procedures can impact in cases involving
GBV and Reproductive Rights.
The criminal trial and prosecution procedures in Sri Lanka are set out in the colonial Code of Criminal
Procedure Act (1979) with many amendments. Civil trial procedures are set out in the Civil Procedure
Code with amendments, and are completely different. In cases of Domestic Violence the provisions in the
Domestic Violence Act (2005) apply. (See Annex).
a. The Criminal Trial and Procedures
(i) Pretrial
Investigations can be conducted by the Police on complaints. In many countries in South Asia there is a
formal record of complaints called “the First Information Report.” Sri Lanka procedures record complaints
in the incident book at police stations and there are complaints regarding this process, resulting in public
dissatisfaction. (Punkuditivu Case, Kayts 2015; see literature referred to in Annex). It is also alleged that
there is often no privacy for women when they make complaints of physical or sexual violence unless
there is a special Women and Children’s unit in a police station. The police has the power to refer minor
offences (eg. assault) to Mediation Boards that will try to settle the case. The police is sometimes criticized
for inappropriately trying to settle and mediate, in cases of intra-family violence, when women want to use
the provisions of the law to get legal relief, especially under the new Domestic Violence Act [See Annex for
literature]. This can create a public perception that sexual and domestic violence is not taken seriously by
the Police, even though the law considers this conduct grave crimes, and a violation of a woman’s human
rights regarding her body.
In criminal trials the first important point of contact for the trial procedure is the examination by a
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COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS