The efficiency of the Domestic Violence Act

There is so much spoken and so much written about women and their rights in Sri Lanka and the world over. There are many governmental and non-governmental organisations working together to eradicate all forms of violence against women. Violence within the home environment is a serious social evil which an often have long term adverse consequences which impact on human personality.

Having understood the necessity to take integrated measures to prevent and eliminate violence against women and after studying the causes and consequences of violence against women and the effectiveness of preventive measures bringing a legal remedy became extremely important.

Domestic violence is prevalent in especially in under developed countries. According to surveys domestic violence prevails amongst the even educated, affluent societies as well.

Therefore the Prevention of Domestic Violence Act, No. 34 of 2005 was brought into operation in 3rd October, 2005. Before passing this law physical abuse could only be addressed through criminal law.

The Act provides for an issue of Protection Orders by Magistrate's Court to prevent an aggressor from inflicting harm to persons within defined offences, but rather provides civil remedy that seeks to protect persons from coming to harm due to aggressive and abusive conduct of members of the household.

The Act does not affect the criminal process which can continue to be used by law enforcement authorities to prosecute and punish perpetrators of domestic violence. A protection order may be sought by any person, irrespective of gender, who is subject to or likely to be subjected to domestic violence.

An application can also be made on behalf of a person subjected to domestic violence by a police officer, and in the case of children by a person with whom the child resides, a parent, a parent or guardian, Police officer or a person authorised by the National Child Protection Authority.

Two types of orders are available under the Act -

(a) Interim Orders -Where the Court is satisfied that it is necessary to issue an Interim Protection Order until the conclusion of the inquiry, the Court may issue such order.

(b) Protection Order -This Order shall, prohibit the respondent from committing or respondent from committing or causing the commission of, any act of domestic violence. Protection Orders can be obtained in respect of two categories of violence.

(i) Physical violence and attempts to commit acts of physical violence.

(ii) Emotional abuse, defined as "a pattern of cruel, inhuman and degrading or humiliating conduct of a serious nature directed towards an aggrieved person.

The passing of the said law gave furtherance to Sri Lanka's obligations under the UN Convention of Elimination of Discrimination Against Women (CEDAW), which obligated the State to deal with violence against women.

A person not complying with an Interim order or a protection Order, shall be guilty of an offence and shall be liable for a fine not exceeding Rs. 10,000 or imprisonment. Many people are not aware of the remedies available under the Act.

Awareness campaigns on the rights and remedies provided for victims of domestic violence by this Act are a necessity since many victims of domestic violence by this Act are a necessity since many victims can now obtain the benefits of such rights and remedies.

By Piyumanthi Peiris, Assistant Secretary, Ministry of Justice.