It may be important to incorporate the offence in the ICCPR Act in the Penal Code, and place this
illustration to the Criminal Force offence more appropriately within S. 345 of the Penal Code which deals
with the offence of Sexual Harassment.
8) Sexual Harassment
The Penal Code definition should be amended to include specifically Cyber Crimes, and Sexual
Harassment as Bribery, as Penal Code offences. These are not covered clearly in the current definition, and
can be included only through judicial interpretation or administrative guidelines and self-regulatory codes
of conduct in institutions. Sexual bribery should also be a specific offence in the Bribery Act.
The Ragging Act (1998) also covers Sexual Harassment both physical and psychological, but the provisions
are gender neutral. The Act’s response to GBV can be strengthened by requiring mandatory codes in
educational institutions, which also provide for effective enforcement measures, and are gender sensitive.
The jurisprudence in the Manohari Pelaketiya case indicates that the Constitutional remedy can provide
important redress in cases of sexual harassment.
9) Grave Sexual Abuse
The marital rape restrictions do not seem applicable to this offence, but this will require judicial
interpretation. An amendment to the Penal Code should clarify this principle in the definition of the
offence, if the policy on marital rape is reviewed.
10) Incest
The definition of incest and reference to “full and half-blood” does not clearly indicate that extended
family relationship as cousins are not covered. This can lead to confusion in regard to the interpretation
of relationships that are covered in the incest offence. Besides guidelines on the exercise of the Attorney
General’s discretion to prosecute the offence are essential.
11) STDS and HIV/AIDS
The Venereal Disease Ordinance (1938) is an old Statute which has the sole purpose of preventing
treatment of Venereal Diseases (defined in S. 5 of the Ordinance) by persons other than registered medical
practitioners or specially authorized Practitioners of Ayurvedic Medicine, and connected matters.
The ordinance can be amended to include other areas such as access to drugs, the responsibility of
private Non-State Health facilities and access and provision of services without discrimination in conformity
with Art 12 of the Constitution. Current policies on STDs and HIV including blood testing, issues of consent
and privacy should be framed in human rights perspectives and can be incorporated in amendments to the
Ordinance or in a comprehensive new Act which repeals the old Ordinance.
12) Homosexuality
S. 365 (A) of the Penal code criminalizes adult homosexuality and lesbianism. It should be repealed in
line with the norms on the right to equality and non-discrimination in Article 12 of the Constitution. The
Human Rights Committee has, in its Concluding Observation on the Sri Lanka Report of 2014, on ICCPR
obligations, suggested that a specific prohibition of discrimination for sexual orientation and identity should
COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS
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