of transfer and mortgage of an asset is in itself GBV, irrespective of whether the person affected by the
violence has other assets or not. These same Orders and another type of order called a Supplementary
Order can be made and incorporated when a Protection Order is issued at the conclusion of the inquiry.
The concept of Supplementary Orders emphasizes the importance of taking proactive measures to protect
the “immediate safety, health or welfare” of the victim of Domestic Violence. (S. 12 (1)) Supplementary
Orders include the police seizing any weapon in the possession of the person against whom proceedings
are brought. The police can be ordered to also accompany the woman to any place to assist her in collecting
her personal property or that of her children.
Supplementary Orders for urgent financial assistance, when there is a duty of support can be made after
an inquiry into the circumstances and having regard to both financial needs and resources (S. 12 (1)(f), S. 12
(2). These Supplementary orders cannot affect rights of support and remedies under the Maintenance Act
(1999), the law that regulates family support obligations in the General law of Sri Lanka. S. 21 also clarifies that
other proceedings are not barred. Supplementary Orders can also be made requiring provision of payments or
facilities for a residence even though the other person is prohibited from access to it. (S. 12 (1)(g))
The role of Mediation and Counselling
Since the clear focus in the Act is on prevention and protection from domestic violence, counseling
and mediating for a settlement is not an alternative that the Court or the police or lawyers can promote.
A woman has a right to claim the remedies and relief granted under the Act as part of the State’s duty
to provide relief and protection from domestic violence as a serious violation of her human rights and
personal security.
Counseling is incorporated in the Act within the framework of the policy of zero tolerance from this
violence. Both parties can be ordered by the Magistrate to attend mandatory counseling sessions only
in an Interim Order, or a Supplementary Order, made after a Protection Order is issued. (S. 12 (1)(c) and S.
5 (2)(a)). We have noted that such Interim and Final Protection Orders must also prohibit the perpetration of
domestic violence. (S. 5 (1)(a) and S. 10 (1)(a)). Besides, as pointed out, there is a range of relief under S. 11 and
12 that the victim can claim, and the Magistrate must address the need to consider those options.
Enforcement Mechanisms
The Act provides several measures that can be used to make the protection afforded meaningful. The
wide range of Protection and Supplementary Orders that can be made under S. 11 (1) indicates how the
reality of GBV can be addressed. S. 11 (2) indicates that in imposing the protection orders the Court must
address the need of the victim and children for “the accommodation,” and “any hardship that may be
caused to the respondent.” These limitations are not clear, but they cannot take away from the need to
fulfill the objective and purpose of the Act, which is to prevent DV and protect the victim.
The power to make Supplementary Orders under S.12 can be used by the Magistrate to make
enforcement effective:
1. Supplementary Orders can be made placing the person in confidential alternative
accommodation, or a shelter. S. 12 (1)(d).
2. Persons such as a Social Worker, Family Counsellor or Family Health Worker can be appointed
to monitor the situation and see that an Interim Protection order or Protection Order is
COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS
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