Lapses in law implementation worsen women's plight

By Lalin Fernandopulle

Added to the magnitude of problems women face, lapses in implementing laws to penalise perpetrators of rape have raised eyebrows in civil society and women's rights organisations. Limitations and loopholes in the law have enabled sex offenders to get away and continue to commit the crime.

Attorney-at-Law Cyrene Siriwardena said that though Sri Lanka has excellent laws to curb violence against women, the laws are not vigorously implemented to take perpetrators to task.

Many who commit violence against women do not face legal consequences, while some go scot-free as their crimes are not reported by women or their spouses due to embarrassment or fear facing revenge.

Only a small percentage of violence against women is reported to the police as there isn't sufficient protection for the victim or witness, Siriwardena told a Women's Day seminar organised by World Vision Lanka last week.

She said that the Witness Protection Bill when enforced as law will ensure protection of the victim and witness. She said that if 100 face sexual harassment 50 will seek medication and less than 10 will report to the police.

However, she said that laws alone cannot solve this problem in toto though they have a preventive value in creating barriers to commit crimes against women. Fear of legal sanctions is not enough to check cases of violence.

An attitudinal change is vital to ensure the rights and safety of women. Domestic violence includes violence that takes place between parents and children, siblings, spouses, grandparents, uncles, aunts, relatives by marriage or people in familial relationships to one another.

Intimate Partner Violence (IPV) refers to violence between spouses or partners in an intimate relationship, and can include cohabiting ex-partners of the victim-survivor.

While women can be perpetrators of domestic violence, research shows that the vast majority of perpetrators are men who act violently towards women and girls.

Sexual cases take around six to 12 years to conclude. The gray area where a girl between 16-18 who could consent to have sex but cannot get married until she turns 18 is being reviewed by law makers.

Around 28 percent of those who commit rape for the first time are between 15-19 and are considered delinquents. Citing statistics of a survey on violence against women she said that 15 percent of men had committed rape and around 61 percent had committed the crime more than once.

“What is shocking is that the perpetrators of rape are labelled delinquents which is a major concern that should grab the attention of policy makers,” Siriwardena said.

There are around five rape cases reported in the country daily and violence against women is on the rise. Cases of violence increased from 3,624 in 2010 to 4,393 from 2012 to 2014 and around 44 percent of the women are beaten while in pregnancy.

Violence during pregnancy is on the rise, the survey revealed.

“The Kahawatte incident and the sex worker beaten by a police constable indicates the growing trend of violence against women. Sexual entitlement which is how one perceives the other as being a motivating factor for crimes against women," she said.

Legal experts are also of the view that alcohol is not a reason for violence against women and it is the least reported motivation.

Manique Gunaratne of the Employers’ Federation of Ceylon said that women with disabilities are not included in the decision-making process. Over-protection and lack of independence prevents those with disabilities playing a role in society. Today, technology empowers women with disabilities.

Digital information to make decisions and online work saves time enabling them to spend time with their families. "Intellectual disabilites is a major obstacle for integration. Such people need more attention and the concern of others,” Gunaratne said.She said that children of disabled mothers are more compassionate and helpful to others. Not sending female children with disabilities to school creates plenty of problems for parents and caretakers. Today, there are many self-employment schemes but few with opportunities and openings for disabled women. Social organisations and policy makers should help make products of disabled women more competitive to gain access to markets and enhance their level of income through which they could improve the quality of their products.