Are women in safe hands?
More awareness needed among women:
Interviewed by Dhaneshi YATAWARA
[email protected]
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Professor Kusuma Karunaratne
Pic: Iresha Waduge |
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Dr. Prathiba Mahanamahewa - Attorney-at-Law, Senior
Lecturer, Law Faculty, University of Colombo
Pic: Chinthaka Kumarasinghe |
Women
must realize their role is vital to society
To gain respect one must know how to respect others |
A 'safety shelter' for women victims is essential
Need a speedy legal process and a post-monitoring system
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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.
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