3. LAW, REPRODUCTIVE RIGHTS AND GENDER BASED VIOLENCE, SUMMARY OF GAPS AND RECOMMENDATIONS The diverse Sri Lankan laws discussed in the Compendium that apply to the topic of GBV and Reproductive Rights indicate that there are many deficits in the regulatory controls that Parliament, administrators and or the judiciary have contributed to put in place. These gaps will be highlighted with recommendations for reform and an identification of the State agency that should take action. A. SUBSTANTIVE LEGAL PRINCIPLES CRIMINAL LAW 1) Homicide The Penal Code is gender neutral in its approach to femicide (murder of a woman) because of factors such as break up of a relationship, stereotypical values on male honour, demands for dowry, intoxication and battering, and severe domestic violence perpetrated against a spouse, partner or girlfriend. The defence of intoxication and provocation are very narrowly defined encouraging male impunity and ignoring the impact of severe domestic violence in provoking a violent response from a woman. The Penal Code definitions of the defences of provocation and intoxication must be changed in light of realities of femicide in the family and community. 2) Non-Fatal Physical Injuries, (Hurt Grievous Hurt and Domestic Violence) The definitions of non-fatal physical injuries were broadened when the Penal Code was amended in 1995 but are still too limiting to address the diverse acts of physical violence perpetrated against women. The definitions in the Penal Code should be amended to include specific manifestations of violence such as property and dowry demand related violence, violence to genital organs, acid throwing, battery of a pregnant woman or as part of a distinct new and general offence of “Cruelty to Women.” A Cruelty offence could also cover conduct such as intimidation and denial of access to family planning and intentional communication of STD and HIV/AIDS. Such an offence could cover harmful customary practices like FGM and virginity testing of a bride and puberty practices. 3) Abduction of an Adult This should be a serious criminal offence. S. 357 of the Code covers a specific case of abduction for the purpose of forced marriage. Provisions in the Code should be amended to address current common acts of violence and abduction as gender neutral offences, as abduction also affects adult males. The Penal Code defines abduction and kidnapping as different offences, and the latter is so limited as not to refer to adults in the country. The different scope of these offences must be clarified. 4) Torture and Inhuman Degrading Treatment Including Sexual Torture This is covered by Art 11 of the Constitution which gives a remedy for violation of fundamental rights, and the Torture Act (1994). Torture should be a grave Penal Code offence which (unlike the Torture Act) COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS 47