Are women in safe hands?

More awareness needed among women:

Interviewed by Dhaneshi YATAWARA

[email protected]
 

Professor Kusuma Karunaratne Pic: Iresha Waduge		Dr. Prathiba Mahanamahewa - Attorney-at-Law, Senior Lecturer, Law Faculty, University of Colombo Pic: Chinthaka Kumarasinghe

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The role of woman in today's complex society is one of the interesting topics for a lively dialogue. Being proud of such attention it is vital to see the dangers that may come hidden among such blessings. Are women rightly protected from the wolves in sheep clothes? How are we to save women from harassment?

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How do you define harassment / molest against women?

Professor Kusuma Karunaratne :

In Sri Lanka when we consider harassment only as physical. But in real terms it is both physical as well as psychological. This is something that should not happen. Harassment should not happen to any living being. Not only to women. This applies to all. Every one values his or her life. We have no right to harass anybody. Yet in the local context we see harassment happening mostly to women - inside the house, while travelling and even at work.

Dr. Prathiba Mahanamahewa - Attorney-at-Law, Senior Lecturer, Law Faculty, University of Colombo:

It can be by word or by deed. It can be at home, on the road or at work. Under the current law even casting a remark suggestive of sex amounts to an offence a public transport if a male even by the way he looks gives a woman uncomfortable bad feeling he can be sued. Specifically under the law punishments are very strict. If a man have a sexual intercourse with a girl below 16 years of age even with her consent it is regarded as a rape. In my point of view the harassment comes from home then it goes to the society and so forth.

What is your view on the present situation the women are facing?

Professor Kusuma Karunaratne :

In the present context, culturally and socially women have been assigned a fairly a good place. That I agree. But the question is whether this is happening practically. According to the Sinhala Buddhist culture women are given a respectable place in the society. The Mother is considered as 'Gedara Budun' - she is brought to the level of Lord Buddha. I can explain much better in terms of the Sinhala Buddhist culture since I'm more familiar with it. But is this happening everywhere practically? That is where the problem is?

Dr. Prathiba Mahanamahewa - Attorney-at-Law, Senior Lecturer, Law Faculty, University of Colombo :

Incidents of domestic violence, rape of teenage girls seem to be on the increase. Gender-based discrimination is no longer permitted by the country's laws, cannot be gender biased. In the Politics though women do participate but the percentage of their representation in parliament is very low. In almost all the sections of the society women are involved and definitely it is a good omen. But in fact their representation remains at a very low level.The Government and the society as a whole must encourage more women to come forward to engage in politics, enter into civil service, and reach top management levels. In my view the paths are clear, it only needs women to succeed in their chosen fields.

What is our position in the international arena?

Professor Kusuma Karunaratne :

People might say Western women have more freedom. But if we go for an indepth analysis we see the Sri Lankan women do not go for harsh decisions like divorce or staying unmarried. But in the west we can see women tend to take such decisions more often. So in my view if some one says Western women have more freedom than their counterparts in other parts of the world, well I do not totally agree. It is a myth.

Dr. Prathiba Mahanamahewa - Attorney-at-Law, Senior Lecturer, Law Faculty, University of Colombo :

Actually we are at a transit stage now. Since 1993, whatever the international conventions Sri Lanka signed in, the authorities tried to incorporate them into the local legal system. So there was enough international pressure to implement the laws safeguarding the women. For example, take the law against sexual harassment which came in during 1995. So far only four cases were filed. Even that has been done by Women Police Constables. So the legal mechanism is there, but we are still in the process of its implementation.

What are the loose points in the legal/ social systems?

Professor Kusuma Karunaratne :

What can you expect if the harassment happens at home? How can it be eradicated? If the husband harasses the wife, physically and verbally, who is going to protect the unfortunate woman? She will have to file a case and take legal action against her husband. In doing so she is subjected to more harassment.We have seen and heard many such cases. We know the laws are there. But are people aware of those and are they willing to come forward to protect themselves? Women, mostly mothers tend to think more of their children than themselves. This is the true nature of the motherhood. She knows the trauma the children would have to go through if there is going to be some sort of a separation.So she tends to absorb herself all the difficulties for the sake of the children and try to keep the family as one unit.

Dr. Prathiba Mahanamahewa - Attorney-at-Law, Senior Lecturer, Law Faculty, University of Colombo :

If we take the case of domestic violence, the courts can order the husband to stop his misconducts against his wife, if the latter sues her husband. This is possible under the current law. After all she has to go back to the same house and live with the same man. What assures her protection? There are no shelter homes for such victims? There is no monitoring system assuring safety even after the Court case. So the laws are there but problems arise during its implementation. These flaws need to be addressed. And the point is women are reluctant to come forward and stand for their rights. Will she go against the husband, who is going to support her? In many developed countries, single mothers are supported by the Government. The law does not explain how to protect her against the social harassment she may have to undergo. Getting evidence is yet another problem in these cases as people are reluctant to come forward to give evidence.
 

What do you suggest to correct this situation?

Professor Kusuma Karunaratne :

At present, especially in the middle class families husbands have realized the importance of the wife's contribution to run the family. But in some places women are not given the due place. At present the woman contributes 50% to the household economy. She does a great deal of work. In such situations, if the husband fails to reciprocate then it is not at all fair. After all the family means both the mother and the father. On the other hand women must realize their position, their cultural background she belongs to. Why I say this is if one tries to act inappropriately to the existing social backgrounds then there going to be contradictions. Hence, situations like molesting and harassment can arise as a result. One thing we must realize is the society cannot be changed in a short span. It is going to take a long time. And children must be brought up in such a manner that they are trained to respect individuals irrespective of gender. They should be taught to treat girls as their own sisters and boys as their own brothers. The habit of respecting others too as human beings is important if we need to eradicate this evil. And on the other hand, one must know how to protect the gained respect.

Dr. Prathiba Mahanamahewa - Attorney-at-Law, Senior Lecturer, Law Faculty, University of Colombo :

There should be a system to protect victimized women even after a judgment is given. Most importantly she needs a very good understanding of the protective social network. There should be shelter homes for women to seek safety when they face domestic violence. See what happens to underage girls when they get raped. Sometimes the families abandon them. Imagine the trauma, the depression that a victim has to go through. We do not have proper counselling systems. And top of all these the women need to be more aware of their strength and must be encouraged always to fight against injustice. Otherwise the current trend will never change.

What are the causes?

Professor Kusuma Karunaratne :

One cannot generalize the situation. The Cause can be either a frustrated or disturbed mind of a man and the blame can be with the woman as well. We as women must realize that we must act as women. We have a special responsibility as a wife and as a mother. This is highly respected in our cultures. We need to move forward with the world; yet we must realize the nature of the world we belong to.

Dr. Prathiba Mahanamahewa - Attorney-at-Law, Senior Lecturer, Law Faculty, University of Colombo :

One thing, we cannot rectify the situation due to lack of sufficient evidence. But, fortunately there is the newly established law to protect victims and witnesses. It is appropriate law we lacked for a long time. Secondly the lack of provisions for protecting privacy during a trial is a major drawback. But at times Judges have conducted cases in camera and even that happens on the request of the petitioner. If we take what causes harassment - well we cannot generalize. There are cases where the woman was raped by a gram seller because of her mini dress and there is another case where again a woman was raped by another gram seller though she was draped very conservatively in saree. Case by case situations can be different.
 

Are women themselves to be blamed?

Professor Kusuma Karunaratne :

Partly yes and no. The reason is, yes the women have their freedom.But to what extend are we to use it? What about the social responsibilities on us as women? The society needs the womanly contribution in equal level to that of men. So we must bear that in mind. We cannot change the nature.

Dr. Prathiba Mahanamahewa - Attorney-at-Law, Senior Lecturer, Law Faculty, University of Colombo :

Not totally. They need to be aware of the legal situation more.
 

you think women are not yet strong enough to face this challenge and change it?

Professor Kusuma Karunaratne :

A woman must always remember that she is a woman. But I do not mean that by being a woman she falls into a lower category. If she is going to give manly contribution to the family, to the society then there's going to be disagreements. Women are as important as men to the society.

Dr. Prathiba Mahanamahewa - Attorney-at-Law, Senior Lecturer, Law Faculty, University of Colombo :

Yes, very much. Lack of awareness of the laws protecting women against harassment is one of the main causes for its increase. Our nature is such that we tend to forget things very quickly in a matter of days.
 

Why it is so important to protect women?

Professor Kusuma Karunaratne :

Generally the Sri Lankan culture respects women. If the wife is happy even at home then doesn't the husband and the children also gain a very peaceful family. This is the advantage.

Dr. Prathiba Mahanamahewa - Attorney-at-Law, Senior Lecturer, Law Faculty, University of Colombo :

The momentum gathered especially after the Second World War. During the civil war situations it was mostly women and children who become more vulnerable. It was during such times the world realized the importance of human rights. Women were treated as humans but with restrictions. They became a sort of marginalised section of the country. To bring back women's share and contribution to the growing economy was important. And highlighting the importance of human rights also paved the path for their progress.