Domestic violence is a severe violation of human rights that occurs within the family unit or the home—the very premises meant to be the safest—yet it is rarely visible to the outside world. Cultural barriers, fear of compromising the family’s reputation, and economic dependence often compel victimized women and children to endure this suffering in silence.
However, Sri Lankan law contains robust legal provisions designed to protect victims of domestic violence. This article discusses in detail what constitutes domestic violence, the specialized legal framework governing it, and the legal remedies available to a victim.
1. The Core Legal Foundation: Act No. 34 of 2005
In Sri Lanka, a specific piece of legislation is enacted solely for the prevention of domestic violence: the Prevention of Domestic Violence Act, No. 34 of 2005 (PDVA).
The unique strength of this Act lies in its dual approach; it does not merely focus on punishing the perpetrator after a crime is committed, but grants comprehensive powers to the judiciary to provide immediate “Protection” to the victim.
2. What Does “Domestic Violence” Encompass?
A common misconception is that domestic violence is limited strictly to physical abuse against a woman or a child. However, under the law, any of the following acts fall within the definition of domestic violence:
- Physical Abuse: Assaulting, pushing, causing bodily injury, or inflicting physical pain.
- Sexual Abuse: Forcing a spouse into sexual acts without her consent (marital rape) or causing sexual harassment and distress.
- Emotional/Psychological Abuse: Continuous verbal abuse, insults, character assassination, making threats that cause mental breakdown, or enforced isolation.
- Economic Abuse: Intentionally withholding funds required for basic family necessities (food, medicine, clothing), deliberately obstructing a woman’s independent sources of income, or forcibly confiscating her property.
3. Who Can Seek Relief Under the Act?
The Act does not restrict protection solely to a lawfully wedded wife. Any “Aggrieved Person” who lives or has lived together in the same household can seek relief:
- The married wife or husband.
- A cohabiting partner (living together as couples).
- Children (sons, daughters, adopted children, or stepchildren).
- The mother, father, siblings, or close relatives living within the family unit.
4. The Primary Legal Remedy: Protection Orders
The most powerful remedy a Magistrate’s Court can grant to a victim of domestic violence is a Protection Order. This is obtained through a two-stage process:
(A) Interim Protection Order (IPO)
Immediately upon a complaint being produced before court, the judge can issue this emergency order for a period not exceeding 14 days. It ensures the immediate safety of the victim without waiting for a lengthy trial.
(B) Permanent Protection Order
After summoning both parties and inquiring into the facts, the Magistrate can issue a permanent Protection Order valid for up to 1 year (12 months), based on the severity of the distress faced by the victim.
What safeguards does a Protection Order provide?
Once a Protection Order is issued, the court imposes strict prohibitions on the perpetrator (the Respondent):
- The Respondent is prohibited from assaulting, threatening, or harassing the victim in any manner.
- The Respondent can be barred from entering or remaining in the house where the victim resides, even if the property belongs personally to the Respondent.
- The Respondent is prohibited from entering the victim’s workplace, school, or places she routinely frequents.
- The Respondent is banned from attempting to contact the victim via telephone, social media, or through third parties.
5. How to Obtain a Protection Order: Step-by-Step
- Step 01: Lodging a Complaint with the PoliceVisit the Children & Women Bureau of the nearest police station and record a statement. Ensure you disclose every detail of the harassment suffered. The police are legally obligated to report this complaint directly to the relevant Magistrate’s Court.
- Step 02: Direct Application to CourtIf the police fail to take appropriate action, the victim can bypass them by filing a petition directly in the local Magistrate’s Court through an attorney-at-law to ask for a Protection Order.
- Step 03: Securing Medical RecordsIf physical assault has occurred, admit yourself immediately to a government hospital for treatment. The documents recorded by the examining doctor—the Medico-Legal Report (MLR)—serve as exceptionally powerful evidence in court.
6. Severe Consequences of Violating the Order
Violating even a single condition of a court-issued Protection Order is a serious criminal offense. Once the victim alerts the police of a violation:
- The police can arrest the perpetrator immediately without a warrant.
- Upon production before court, the perpetrator can be remanded in custody without bail.
- If found guilty, the Magistrate holds the legal power to sentence the perpetrator to imprisonment for a term up to one year, a fine not exceeding LKR 10,000, or both.
Summary
Domestic violence is not a private family matter; it is a crime punishable by law. No woman or child is legally or morally obligated to endure abuse inside their home. By understanding the protection orders and provisions safeguarded by the law, and by seeking legal intervention without fear, you have the full capacity to break free from being a silent victim.
Global Human Rights Front (GHRF)
At the Frontline of Justice, Standing for Rights.
For free legal advice, assistance in obtaining protection orders, and counseling against domestic violence, connect with our ‘Women & Child Rights’ division immediately at info@ghrfront.org.
