is broadly defined, and also covers Non-State actors. The Torture Act (1994) defines torture and inhuman degrading treatment very narrowly, and also confines it to non-State Actors. The Human Rights Committee has in the 2014 progress review of ICCPR implementation suggested that the burden of proving that a confession was not extracted under torture should be shifted to the prosecution, and this gap in the law on evidence should also be addressed through amendments in the relevant legislation. 5) Corporal Punishment There is a lack of clarity in the law in regard to corporal punishment, and a specific offence should be introduced into the Penal Code criminalizing corporal punishment. 6) Rape Marital rape is an offence in very limited circumstances of judicial separation. The definition of rape should be broadened to include marital rape, especially in situations of de facto separation. Rape in situations of cohabitation as intimate partner sexual violence should be included in the definition of rape in S. 363 of the Penal Code. Gang Rape is not covered as a separate offence but is a factor that is relevant for sentencing. The Code should be amended to define gang rape as a distinct offence. The legal position of corroboration should be clarified in light of case law that has held that this is unnecessary, and the Explanation already included in the Penal Code amendment of 1995. (S. 363 Explanation II). An amendment of the Evidence Ordinance should state clearly that independent corroboration of the victim’s evidence in rape cases is not required. The law on Statutory rape of girl children under 16 years lacks clarity, and the current sections S 363 (e) and proviso to S 364 (2) should be amended. The reference to “with or without consent” should be deleted in both sections due to the fact that the issue of consent is irrelevant in the case of underage rape of a girl child. The current reference a “wife under 12 years,” a policy concession in the Penal Code amendment (1995) to the Muslim community, which does not recognize a minimum age of marriage, should be repealed as contrary to the human rights of girls of all communities, recognized in the Constitution, and CRC and CEDAW, treaties ratified by Sri Lanka. The exception conflicts with national education and health policies and Constitutional norms, and the obligation under the above treaties to harmonise domestic law with treaty provisions. It is important to strengthen the law and promote an attitude of zero tolerance for underage marriage and sex with underage girls 7) Propagating Racial or Religious Hatred This is not criminalized in the Penal Code. But the ICCPR Act S. 3 (1) creates an offence referred to as “propagating war or advocating national, racial or religious hatred that constitutes …. discrimination hostility or violence.” This is a serious cognizable and in general a non-bailable offence under this Act, punishable by a trial and conviction in the High Court (S. 3 (3) and S. 3 (4)). The offence of using Criminal Force in the Penal Code has an illustration (f) which refers to “intentionally pulling up a woman’s veil without her consent, and intending or knowing it to be likely to injure, frighten or annoy her.” 48 COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS