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 49

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