• Convention on Rights of Persons with Disabilities (iv) Commonwealth Guideline for Judicial Interpretation on International Law • Bangalore Judicial Colloquium Principles on Domestic Application of International Human Rights Norms (1988) Commonwealth Secretariat 3. Substantive Laws (i) Fatal Injuries Cases: Death under torture – Sriyani Silva v Iddamalgoda 2003 2 Sri LR 63 (i) Non-Fatal Injuries: Criminal Offences and Legislation (i) Penal Code S. 311 – Note specific acts of violence covered and S. 311 (a)(d)(e)(i) which may be used to prosecute for GBV (ii) Cruelty to girls see S. 308A introduced to Penal Code in Amendment 1995. (iii) Torture Act (1994) S. 3(a) (application of offence in time of war, armed conflict etc.) Art 12 (definition) Applicable only to torture by officials or acting as officials – official order not a defence (Art 3(b)) (iv) Corporal punishment. (i) See Penal Code S. 341 illustration (i) exercise of “reasonable discretion as school master” in flogging is not illegal. (ii) Education Department Regulations prohibiting use of corporal punishment in schools. (iii) Penal Code Ch. IV on “General Exceptions” (or Defences) does not recognize a defence of causing “reasonable chastisement”. The Penal Code permits acts done in good faith for the benefit of persons under 12 years, but does not give a defence to causing grievous hurt (S.82 Exception 3). (ii) Marriage and GBV Literature • For Muslim Law: Goonesekere S. Muslim Personal Law in Sri Lanka. Muslim Women’s Research and Action Forum, Colombo, 2000. • For Divorce Grounds, Cruelty and Malicious Desertion in General Law and Kandyan Law. S. Goonesekere, Status of Women in the Family Law of Sri Lanka in S. Kiribamune and V. Samarasinghe ed. Women at the Cross Roads. Vikas India (1990) p. 153, Centre for Women’s Research, Facets of Change (1995) p.6, Post Beijing Reflections (2000) p.27-32 Legislation • General Marriages Ordinance (1907) S. 19 • Kandyan Marriage and Divorce Act (1952) (S.32 (b) gross cruelty and incest as ground for divorce. However S. 32(c)(d)(e) recognize divorce for desertion for two years, or separation for one year, and mutual consent, so cruelty as a ground of divorce becomes superfluous) • Civil Procedure Code (1889) as amended (1973) and (1977) Chapter XLII Matrimonial Actions S.608(1)(2) (Judicial Separation). 60 COMPENDIUM ON LAW, GENDER BASED VIOLENCE AND REPRODUCTIVE RIGHTS