In 2005, the Domestic Violence Act that introduced a civil procedure for responding to domestic violence
defined this phrase for the purposes of the Act, as “emotional abuse.” (S.23). Subsequently amendments
to the Penal Code in 2006 introduced the concept of interpreting compensation for “injuries” in a range of
criminal offences, including rape, as a reference to “psychological or mental trauma.”
This concept needs to be further strengthened as suggested earlier in this section by changes to the
offences created by substantive law in Chapter XVI of the Penal Code, which deals with offences causing
bodily harm. Such changes will hopefully help to integrate an understanding of the need to respond to
dimensions of GBV as an infringement of human rights, including reproductive rights.
Responsible State Agencies: Ministry of Justice linked with Ministry of Women’s Affairs and NCPA.
Ministry of Health, Family Health Bureau should be consulted, and link with professionals in the area of
forensic medicine. Changes to Family Law – Ministry of Justice to act on Family Law Reform Report 2010, and
link with the Ministry of Public Administration or an agency dealing with status of marriage and divorce.
CIVIL LAW
1. Marriage and GBV
The Law on Marriage and Divorce is diverse and there are limitations in the General Law, the Kandyan
Law and Muslim Law, which impact on GBV and reproductive rights. The General Law is more restrictive in
regard to matrimonial relief procedures in court, and does not provide a clear no-fault basis for matrimonial
relief through principles of law regarding grounds for divorce. There are also discriminatory provisions
in regard to matrimonial property and its management and financial transactions, in Tamil personal law
(Tesawalamai), and in relation to custody and guardianship.
In General Law, the legislation does not state clearly that a forced marriage without consent or an
underage marriage is void and has no legal consequences at its inception, even if they are solemnized
according to customs. There are judicial interpretations to support the view that such marriages do
not have legal consequences. The low legal status of non-marital unions is also discriminatory, and has
implications for abortion, infanticide and other aspects of GBV and Reproductive Rights.
A comprehensive agenda for reform of the General Law and Kandyan Law, including clarifications of
the law on early and forced marriages has been discussed and outlined by an Expert Committee of 2010,
appointed by the Minister of Justice, Milinda Moragoda. Action must be taken on this report which is in
the Ministry of Justice. Lack of clarity results in official data recording situations of cohabitation below the
age of marriage as legal marriages.
Underage marriage in Muslim Law is legal. Successive governments have been unwilling to change the
law on Muslim marriage, despite frequent advocacy for reform by Muslim Women’s groups that have yet
to be recognized as a voice for the community.
The Penal Code has created several offences in regard to deceit and marriage, and there is an overlap
between S. 363 (d) (rape definition) and S. 362 A which is also a grave offence. This duplication is
confusing.
There is current anecdotal evidence of men marrying under false pretences by moving from one
district to another, and registering marriages in different areas. While this practice constitutes the grave
offence of Bigamy in S. 362 B of the Penal Code, and can be rape or another offence under S. 362 A, the
COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS
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