Legal Protection for Intimate Partner Violence against Women in Sri Lanka by Sachini Dilhara Gnanathilaka

Intimate Partner Violence (IPV) has been an overwhelming global burden which is one of the most common forms of violence against women. The term of 'Intimate Partner' refers to current and former male husbands, cohabiting partners, dating partners or fiancées. It is not mandatory whether there is or has been a sexual relationship or not. Most commonly seen perpetrators of violence against women are male partners within the intimate relationship in the world.

Generally, IPV refers to any behaviour that causes physical, psychological or sexual harm to those in the relationship by an intimate partner or ex-partner within the intimate relationship. It includes physical, sexual, and emotional abuse and controlling behaviours by an intimate partner. IPV is not limited to one certain group or nation but it can be experienced in any socio-economic context and in any religious or cultural groups in various forms such as slapping, beating, hitting, forced sexual intercourse, other forms of sexual coercion, intimidation, belittling, constant humiliation, isolating from beloved ones, restricting access to financial resources and so on. According to the World Health Organization (WHO), it is recorded that almost one third of women (30%) in an intimate relationship have experienced some form of physical and/or sexual violence worldwide by their intimate partner in their lifetime. 

A study on women’s health and domestic violence against women by WHO considering more than 24,000 women in 10 countries reported that 4%-49%, 6%-59% and 20%-75% having experienced severe physical violence by a partner, sexual violence by a partner and experienced emotionally abusive act from a partner respectively. In Sri Lankan context, the Women’s Wellbeing Survey-2019 conducted by Census and Statistics Department has revealed that two in every five women which means 39.8% have experienced physical, sexual, emotional, and/or economic violence and/or controlling behaviours by an intimate partner in their lifetime. With the light of these data and statistics, it has been recorded that most of the intimate violence against women cases are based on the individual factors, relationship factors, community factors and norms and beliefs.

The associated factors with the man’s increased likelihood of committing violence against his partner is mainly due to low level of education, harmful use of alcohol and drugs, personality disorders, witnessing or experiencing violence as a child and so on. Moreover, victimization of women for violence and perpetration by men are occurred because of the male dominance in the family, dissatisfaction in the relationship, economic stress and most importantly disparity in educational attainment where a woman has a higher education than the male partner. The societal factors like poverty, low social and economic status of women, lack of women’s civil rights, broad social acceptance of violence and weak legal and community sanctions against IPV within marriage are most concerned factors in the issue of IPV. 

The traditional views and norms are still prevailing in the world to support the violence against women with the views of a man has a right to assert power over a woman and to have sexual intercourse, a man can correct a woman for incorrect behaviour with the use of physical violence, women deserve to be beaten and a woman should tolerate violence in order to keep her family together. Because of these significant factors, intimate violence against women as one of the major areas of violence such as domestic violence and gender-based violence has been gradually increased day by day emphasizing the need of legal protection for women in every society.

Hence, Sri Lankan legal framework is formulated much stronger to support the rights of women and against the violence of women by their intimate partner. Prevention of Domestic Violence Act, No.34 of 2005 acts as an instrument for providing civil remedies for aggrieved party where magistrate court carries the jurisdiction to hear such cases. In the circumstances where either party is not satisfied, they can appeal to the high court. A spouse, an ex-spouse and cohabiting partner in the intimate relationship can be accused if the violence happened domestically as per the aforementioned Act and its section 2 provides that any person in respect of whom an act of domestic violence has been, is, or likely to be committed to make an application to the Magistrates court for a protection order, for the prevention of such act of domestic violence. 

Without confining to one certain aspect of violence, it is essential to facilitate laws and to train judges and police about partner violence, to strengthen and expand laws defining rape and sexual assault within marriage and improving the application of existing laws regarding to intimate partner violence against women in Sri Lanka.