The PDVA mainly governs domestic violence in Sri Lanka.
In Section 23 of the PDVA, domestic violence includes "physical or emotional harm done by the spouse, ex-spouse or cohabiting partner to the other."
Section 2 of the PDVA states that the aggrieved party can file for a protection order from a magistrate's court upon ill-treatment. However, a retrospective view in 2020 showed that it has been nearly impossible for women to report violence due to being confined to their homes during the COVID-19 pandemic and lockdown.[1]The Constitution of Sri Lanka provides a series of fundamental rights, which are akin to human rights. Regarding domestic violence, there is no express provision; however, the following could arguably cover domestic violence:
11. No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.[2]
Nevertheless, the following allows a waiver in terms of conflict with any existing laws:
16. (1) All existing written law and unwritten law shall be valid and operative notwithstanding any inconsistency with the preceding provisions of this Chapter.[3]
Amnesty International notes the following in its 2020 human rights review for Sri Lanka:
There was continued impunity for sexual and gender-based violence, despite repeated assurances by consecutive governments to tackle the issue. A total of 142 rapes and 42 cases of "serious sexual abuse" against children were reported to the police in just the first 15 days of the year.[4]
Sri Lanka signed (1980) and ratified (5 October 1981) the 1979 Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW).[6]
The CEDAW General Comment No. 35 adopts the term "gender-based violence against women" to make explicit the gendered causes and effects of violence. Paragraph 26 of General Comment No. 35 requires state parties to: (i) adopt legislation prohibiting all forms of gender-based violence against women and girls, harmonizing national law with the CEDAW; and (ii) repeal any laws that constitute discrimination against women.[7]
In 2016, Sri Lanka launched the National Action Plan to address sexual-based and gender-based violence with of the aim of creating a violence-free life for women and children with zero tolerance for sexual-based and gender-based violence in Sri Lanka, formulated using a multi-sectoral approach with engagement from key ministries representing nine sectors.
However, Amnesty International noted in its 2020 human rights review for Sri Lanka that there was continued impunity for sexual-based and gender-based violence, despite repeated assurances by consecutive governments to tackle the issue.[8]