brand logo

Intimate partner violence in Sri Lanka: ‘How much did they hit you?’

27 Nov 2021

 
  • A victim-centric approach to address the issue is needed: Experts
  • Nearly half of affected women do not seek help or intervention formally: WWS
  • Victims pressured into remaining silent by concerns of social stigma and escalation pressure
By Pujanee Galapaththi Sri Lanka’s first national survey on women and girls, conducted across the island in 2019, revealed that one in five women (20.4%) in the country experienced physical and/or sexual violence by an intimate partner. Many suffer in silence, as they do not report the violence or seek help via state or community institutions, The Sunday Morning learnt. The findings of the Women’s Wellbeing Survey (WWS) shone a spotlight on a serious social issue which is seldom discussed in open fora, and highlights the need for a comprehensive, victim-centric approach to address the issue. Last Tuesday (23), the United Nations Population Fund (UNFPA) illuminated the Colombo Municipal Council (CMC) in orange for their spotlight event on intimate partner violence (IPV). The event, organised by the UNFPA in collaboration with the CMC and High Commission of Canada, was an initiative to encourage more women to seek help when faced with violence, and also marked the launch of 16 days of global activism against gender-based violence (GBV) in Sri Lanka with a focus on IPV.  The event was hosted against the backdrop of overwhelming evidence uncovered by way of the Women’s Wellbeing Survey (WWS), Sri Lanka’s first national survey on women and girls that was conducted in all 25 districts in 2019. The WWS was published by the Department of Census and Statistics, Sri Lanka, and the UNFPA. In addition to uncovering that 20.4% of women in Sri Lanka have experienced physical and/or sexual violence by an intimate partner, it revealed that close to half (49.3%) of the women who experienced sexual violence by a partner did not seek formal help anywhere. The survey also found that approximately one-third (35.7%) of women who experienced physical and/or sexual violence by an intimate partner had contemplated suicide, which highlight the serious repercussions violence has on the lives of women and girls.  The panel at the event comprised State Minister of Primary Health Care, Epidemics, and Covid Disease Control Dr. Sudarshini Fernandopulle; State Minister of Women and Child Development, Preschool and Primary Education, School Infrastructure, and School Services Piyal Nishantha De Silva; State Minister of Estate Housing and Community Infrastructure Jeevan Thondaman; State Minister of Regional Co-operation Tharaka Balasuriya; Women Parliamentarians Caucus member and MP Dr. Harini Amarasuriya; Mayoress of Colombo Rosy Senanayake; Counsellor and High Commission of Canada in Sri Lanka Development Co-operation Head Daniel Joly; UN Resident Co-ordinator Hanaa Singer-Hamdy; and UNFPA National Programme Officer in Charge and Women's Rights and Gender Policy Analyst Sharika Cooray. Speaking at the event, Cooray stated: “IPV violence doesn’t just affect women; it has an effect on children, families, and communities at large. We all have a responsibility to end violence against women and challenge the norms that perpetuate GBV. This is why the 16 days are important for the UNFPA, not just to raise awareness but to collectively call for an end to all forms of violence against women and girls.” Colombo Mayor Senanayake stated that a collective approach was important to find a solution to this problem, adding: “It is vital that we talk about this issue widely, to encourage more women to seek help and ensure women and girls are aware of the support services available to them within the Colombo Municipality and across Sri Lanka.” It is against this backdrop that we decided to dive into the legal and sociological concerns that may surround victims of domestic violence and intimate partner violence with the help of some experts in the field. What does the law say? The law covering domestic violence and violence by intimate partners in Sri Lanka is in the form of the Prevention of Domestic Violence Act, No. 34 of 2005. Section 23 of the Act defines domestic violence as “(a) an act which constitutes an offence specified in Schedule I (or) (b) any emotional abuse committed or caused by a relevant person within the environment of the home or outside and arising out of the personal relationship between the aggrieved person and the relevant person”. The offences specified in Schedule I of the Act refer to Chapter XVI of the Penal Code, which covers offences affecting the human body, i.e. offences affecting life, causing hurt, wrongful restraint and confinement, criminal force and assault, kidnapping, abduction and slavery, rape and incest, and publication of matters relating to certain offences. Emotional abuse is defined as “a pattern of cruel, inhuman, degrading, or humiliating conduct of a serious nature directed towards an aggrieved person”. The Prevention of Domestic Violence Act provides for the issuance of protection orders by a magistrate’s court against perpetrators of domestic violence. Prior to this Act, the only remedy available for cases of domestic violence was a police complaint, which was often disregarded and not given a lot of importance. As such, the implementation of the Act was a victory gained by the women’s movement in the long struggle to address the issues of GBV. The procedure and the problems Speaking to The Sunday Morning, an officer of the Police Women and Children Bureau stated that victims of physical and emotional abuse by their partners or family members could formally lodge a domestic violence complaint at the nearest police station. Depending on the circumstances and the severity of each case, the Police may either settle the matter through discussions with the concerned parties or direct it to the magistrate or the Women and Children Bureau. Once the complaint is lodged, the Women and Children Bureau will conduct an inquiry with the victim and perpetrator with the aim of reaching a settlement. Depending on the circumstances of the case, they will be referred for counselling or directed to the magistrate for the issuance of a protection order. However, even after a decade has lapsed since the Act was incorporated, women are still reluctant to seek assistance. This could be for several reasons, a main one being them worrying about social stigmas or the fear of the situation getting worse. It must be noted that sometimes the victim is financially dependent on the perpetrator. Other factors such as victim-blaming is also a reason why many women are reluctant to come forward with their stories. Dr. Amarasuriya, speaking to The Sunday Morning, stated that the issue in terms of IPV was not so much about the lack of awareness, but rather the definition of violence in relationships as established by our culture, which was a whole different issue that needed to be addressed on a different scale. She added: “With the campaign encouraging victims to come forward with their grievances, there will be many cases coming forward. We have to see if the legal framework is equipped to handle this. While we have a (Prevention of) Domestic Violence Act, nothing much is done for victims of these cases. I believe the relevant authorities should make sure a strong legal background is built to help the victims first.” ‘How much did they hit you?' Attorney-at-Law Nivedha Hariharan shared with The Sunday Morning that while a law is in place for cases of domestic violence, the cases in that regard that actually reach the magistrate courts are heavily curbed by the Sri Lanka Police. She added: “In most of the cases I have come across in the few years I have been practising as a lawyer, there have been instances where, if the victim made a complaint to the Police about their abusive partners, they would have to face accelerated violence from their partners. Therefore, when seeking help, most of these victims request for the possibility of staying away from their partners or getting protection from them until the protection order is granted or the inquiries are conducted. “While sometimes these women are directed to shelters and other initiatives that may support them, most of these women, as a result of family pressure and social stigmas, are not able to proceed in this manner,” Hariharan said. The Sunday Morning also reached out to Ministry of Justice Advisory Committee on Family Law Reform Convenor Attorney-at-Law Mokshini Jayamanne, who told us that while the Prevention of Domestic Violence Act is a progressive piece of legislature, one of its biggest drawbacks is the fact that there are no support mechanisms to help these women, apart from privately funded organisations. She added that it takes a lot of courage for women in abusive relationships to reach out for help, because of their personal inhibitions and social stigmas. She stated that even when they do go to a police station to make a complaint expecting relief, they are often dismissed with questions like, “this is the first time, yes?” and “how much did they hit you?” “They (the Police) usually downplay the abuse because they genuinely believe that women should endure abuse as long as the family unity is safeguarded. I believe that it is important to respect family unity and that measures should be taken to protect it, but in situations like this, at what cost is that being done?” she questioned. Jayamanne further stated that a paradigm shift must take place amongst all stakeholders, including the Police, nongovernmental organisations (NGOs) working for the welfare of women, the Ministry of Justice, and the National Child Protection Authority (NCPA), which must work together to come up with a co-ordinated structure to support victims. She further stated that it was important to provide police officers with the necessary information, a curriculum, and training to deal with issues of this nature. This will empower these police officers to properly support victims seeking help. “The National Committee on Women drafted an amendment to the Prevention of Domestic Violence Act which included further protections to victims. It was further reviewed by the Advisory Committee on Family Law Reform to the Ministry of Justice – which I am a part of – and this has been submitted to the Ministry of Justice and it currently remains pending before the Ministry,” shared Jayamanne. The need for a victim-centric approach Speaking to The Sunday Morning, Gender Consultant Saritha Irugalbandara said: “There are psychological components attached to IPV. For example, a lot of women believe that their husbands are allowed to hit them. So, I believe it is important to address this cultural context when we encourage victims to come forward. The other thing is that in encouraging them, we put the onus on the victim, but that is not enough if we are not receptive to hearing them out without judgement or projecting our ideals of justice onto them. The only thing that we should ask them is: ‘What do you want to do now?’ or ‘How do you want to move forward from here?” When asked about the need to raise awareness on these issues and build support systems for these victims, Irugalbandara opined: “We are aware that it happens. However, it is important to inform women of all calibres of the support systems available to them. In the meantime, besides simply asking victims to go to the Police and make a complaint, we need to come up with a victim-centric approach. For some of these victims, simply telling their story would translate into justice. While they are provided with sufficient psychosocial support, it is also necessary to create dialogues about the factors contributing to these cultures of violence and come up with systematic solutions to stop the continuation of these cultures – this is something that we lack awareness in.” Progressive laws in other countries  While domestic and intimate partner violence remain an ongoing problem around the world, most countries have implemented laws and mechanisms to protect women and children in the name of social justice. Countries like Kyrgyzstan, while having comprehensive laws safeguarding against violence by intimate partners, have also simplified reporting procedures and rehabilitation programmes for perpetrators. This law provides that any bystander witnessing acts of domestic violence or aware of domestic violence occurring, can report it to the Police, which will be obliged to respond and take all necessary actions. Another progressive national policy is practised in this regard in Germany, under the Violence Protection Act (GewSchG) 2002, where victims are issued protection orders that can bar the presumed perpetrator not only from the victim’s residence but also from the victim’s place of work.    


More News..