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COI Report March 2012 - UK Border Agency - Home Office

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7 MARCH <strong>2012</strong> SRI LANKA<br />

are statistical records available regarding marriages from 1997-2008, there had been no<br />

specific statistics identifying mixed marriages. They did however offer a guesstimate<br />

that the figure would probably be around 5 in every 100 registered marriages. For<br />

methods of recording marriages in Sri Lanka see<br />

(http://www.rgd.gov.lk/web/index.php?option=com_content&view=article&id=64&Itemid=<br />

41&lang=en).‖<br />

VIOLENCE AGAINST WOMEN<br />

Legal rights<br />

The main text of this <strong>COI</strong> <strong>Report</strong> contains the most up to date publicly available information as at 3 February <strong>2012</strong>.<br />

Further brief information on recent events and reports has been provided in the Latest News section<br />

to 2 <strong>March</strong> <strong>2012</strong>.<br />

Return to contents<br />

20.38 The website of the Ministry of Justice and Law reforms of Sri Lanka 369 (accessed on 1<br />

June 2011) recorded:<br />

―Violence against women and particularly violence within the domestic environment has<br />

become a serious social issue. The… [Prevention of Domestic Violence] Act provides<br />

for the issue of Protection Orders by court. The objective of the Act is not to create new<br />

offences but to provide for the issue of Protection Orders by a Magistrate‘s Court to<br />

prevent an aggressor from inflicting harm to persons within the home environment. The<br />

Act makes provision for the issue of Protection Orders against acts of physical violence<br />

which constitute offences already recognized in Chapter XVI of the Penal Code, of<br />

Extortion and Intimidation and of Emotional Abuse having the effect of causing severe<br />

traumatic emotional pain. Protection Orders can be sought against persons in specified<br />

degrees of relationships. A Protection Order may prohibit the aggressor from committing<br />

acts of domestic violence and entering the victim‘s residence and may impose other<br />

prohibitions. In imposing prohibitions the court is required to take into account the<br />

accommodation needs of the victim and of the children and any hardship that may be<br />

caused to the aggressor thereby. The Act provides a civil remedy. The issue of a<br />

Protection Order will have no bearing on the normal criminal law jurisdiction. Thus<br />

where an offence has been committed, the normal criminal justice process of<br />

investigation, prosecution and punishment will follow.‖<br />

20.39 As noted in the Centre for Reproductive Rights, Women of the World: South Asia, Sri<br />

Lanka chapter 370 , accessed on 1 June 2011:<br />

―Under the penal code, provisions relating to murder, miscarriage, hurt, wrongful<br />

confinement, assault, sexual harassment, rape or grave sexual abuse, and criminal<br />

intimidation may be invoked to prosecute acts of domestic violence…The penal code<br />

criminalizes sexual harassment, defined as assault or the use of criminal force, words or<br />

actions to cause ‗sexual annoyance or harassment‘ to another person. The offense is<br />

punishable with imprisonment and a fine, and a defendant may additionally be ordered<br />

369 Ministry of Justice and Law reforms of Sri Lanka, Legislation passed by Parliament in 2005,<br />

Prevention of Domestic Violence Act, No. 34 of 2005,<br />

http://www.justiceministry.gov.lk/NEW%20LEGISLATION/vm.htm#Prevention%20of%20Domestic%2<br />

0Violence<br />

370 Centre for Reproductive Rights, Women of the World: South Asia, Sri Lanka chapter, undated<br />

http://reproductiverights.org/sites/crr.civicactions.net/files/documents/pdf_wowsa_srilanka.pdf date<br />

accessed 1 June 2011, p 230 - 231<br />

147

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