When Sri Lanka’s Parliament unanimously passed The Prevention of Domestic Violence Act (PDVA) ten years ago, following a six year advocacy process by a coalition of women’s NGOs, it was generally recognised as a key milestone in women’s engagement with the law. Prior to its enactment the only “legal’ remedy available for a survivor was to make a police complaint, which was rarely taken seriously.
The Act did not create a new offence, but it did provide for the issue of Protection Orders by a Magistrate’s Court against perpetrators of ‘domestic violence’. Domestic violence is defined in the Act as acts of physical violence, which constitute offences against the body already recognized under the Penal Code, as well as emotional abuse - defined as a pattern of cruel, inhuman, degrading or humiliating conduct of a serious nature directed towards an aggrieved person. Protection Orders (PO) can be sought against persons in specified degrees of relationships. The Magistrate Court is empowered to issue an Interim Protection Order (IPO) valid for 14 days on receiving an application under the Act without the burden of having to prove her/his case. A PO valid for a period of 12 months can then be sought on the basis of evidence presented in court. A PO can also bar the aggressor from committing further acts of violence and entering the victim's residence among other prohibitions. In imposing prohibitions, the court is required to balance the accommodation needs of the applicant and the children and any hardship that may be caused to the aggressor. The Act focuses on ensuring the safety of the aggrieved person by providing a civil remedy but also preserves his/her right to initiate separate additional civil or criminal action as permissible.
The Act fell short of the expectations of women’s organisations on a number of counts. It is gender neutral, it has no provisions relating to monitoring of protection order and no provisions relating to support services, Nevertheless it is a victory gained by the women’s movement in Sri Lanka in a long struggle to address the problem of violence against women within the family and particularly intimate partner violence against women (IPVW).
