Policy Paper on Laws to Combat Violence against Women

Introduction and background of the study

Violence against women stands as a significant obstacle to global development. It is the most extreme form of gender inequality and the most widespread form of violence, affecting the well-being and productivity of individuals, families, and communities, often impacting multiple generations.

Violence against women is a complex and pervasive issue with causes ranging from entrenched gender roles to the normalization of violence. As governments, civil society organizations, experts, and activists gather for the United Nations Commission on the Status of Women, it is crucial to recognize that eradicating gender-based violence is essential for achieving full gender equality and creating an inclusive and just world for all, including women and girls. Encouragingly, with the right resources directed toward evidence-based Violence against women prevention strategies, this goal is attainable within years, not lifetimes.

Sri Lanka, which made history by electing the world’s first female Prime Minister six decades ago, is now facing a troubling reality. Despite women making up more than half of the population and contributing significantly to the nation, they continue to be treated as second-class citizens.

Recent reports indicate that 24.9% of women in Sri Lanka have experienced physical and/or sexual violence by a partner or non-partner, while 39.8% have faced various forms of violence and controlling behaviors. This violence is not isolated; it is a persistent and long-term issue for many women, especially in the estate sector, where 37.9% of women are affected by physical violence. The overlap between sexual and physical violence is significant, with many women experiencing both from their partners. Alarmingly, over 65% of these incidents are recurrent. Women are more than twice as likely to face violence from intimate partners than non-partners, and perpetrators often include family members or acquaintances.

The repercussions of violence against women extend beyond immediate injuries. A considerable proportion (28.9%) of victims reported injuries, with 18.7% requiring medical care. Sexual violence has particularly severe impacts on mental health, with 35.7% of victims contemplating suicide. Additionally, victims reported challenges in concentrating at work (9.2%) and being unable to work altogether (6.9%), highlighting the economic impact of violence.

In Sri Lanka, legal provisions and NGOs address sexual offenses and violence against women. However, overcoming Violence against women is not just about individual rights; it is essential for sustainable and inclusive

In light of the current situation, our objective is to develop comprehensive policy papers addressing violence against women in Sri Lanka under five identified areas, drawing insights from Indian and German legal frameworks. By examining the legislative approaches and best practices of these countries, we aim to create robust policies that effectively combat violence against women and Children and promote gender equality in Sri Lanka.

1. Laws of Sri Lanka

• Sexual Harassment and Rape

• Constitution of Sri Lanka

Sri Lanka’s Constitution provides general protection against violence. Article 11 guarantees that no person shall be subjected to harassment, or inhuman and cruel treatment or punishment. Article 12 ensures formal equality for all citizens and prohibits discrimination based on sex. Additionally, Article 12(4) contains a provision for temporary special measures to achieve substantive equality.

Despite these protections, several laws that discriminate against and oppress women remain on the statute books. This is largely due to a saving clause (Article 16) in the Constitution, which grants immunity to pre-constitutional legislation (laws passed before the enactment of the 1978 Constitution, including the Penal Code and Personal Laws) from challenges on the basis of violating fundamental rights.

Notably, the Constitutional protection against non-discrimination does not include gender identity or sexual orientation. The Constitution also does not guarantee the right to bodily integrity or privacy. While incidents of sexual violence by state officers can be adjudicated under Article 11 on the grounds of torture, the inclusion of a right to bodily integrity would provide a direct and standalone right of challenge for victims of sexual violence. An expanded definition of non-discrimination would also offer a broader platform for asserting rights against the state.

Constitutional remedies are only available against the State and do not apply to private actors. Additionally, there is no justiciable right to access justice, which would enable victims of sexual violence to hold the State accountable for failing to provide effective redress and judicial remedies for crimes committed against them.

• Penal Code

Section 363

Section Rape is a serious offense under Sri Lankan law and is defined under Section 363 of the Penal Code. The key points include:

Rape is defined as sexual intercourse with a woman under the following circumstances:

Without her consent.

With her consent, but obtained by putting her in fear of death or hurt.

With her consent, but obtained under a false impression of the offender being her lawful husband.

With her consent, when she is incapable of understanding the nature and consequences of her consent.

With or without her consent, when she is under 16 years of age (unless she is the offender’s wife and over 12 years of age).

Section 345

Whoever, by assault or use of criminal force, sexually harasses another person, or by the use of words or actions, causes sexual annoyance or harassment to such other person commits the offence of sexual harassment and shall on conviction be punished with imprisonment of either description for a term which may extend to five years or with fine or with both and may also be ordered to pay compensation of an amount determined by court to the person in respect of whom the offence was committed for the injuries caused to such person.

• Ragging and Other Forms of Violence in Educational Institutions Act, No. 20 of 1998

Section 2(2) of the Prohibition of Ragging and Other Forms of Violence in Educational Institutions Act, No. 20 of 1998, specifically addresses the issue of sexual harassment within educational institutions in Sri Lanka. The key points of this section are:

Prohibition of Sexual Harassment: It criminalizes any form of sexual harassment or intimidation within educational institutions.

Definition: Sexual harassment under this Act includes any unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature.

This Act aims to create a safe and conducive environment for learning by eliminating all forms of ragging, harassment, and violence in educational institutions.

• Domestic Violence

In Sri Lanka, domestic violence is primarily governed by the Prevention of Domestic Violence Act No. 34 of 2005 (PDVA) and Articles 11 and 27 of the Constitution of Sri Lanka. These articles state:

– The State shall promote the interests of children and youth with special care to ensure their full development—physical, mental, moral, religious, and social—and to protect them from exploitation and discrimination.

– No person shall be subjected to torture or to cruel, inhuman, or degrading treatment or punishment.

Definition of Domestic Violence under PDVA

The PDVA defines domestic violence as:

1. Acts of physical violence, including offenses already recognized under Chapter XVI of the Penal Code (e.g., murder, manslaughter, assault, wrongful confinement, or restraint).

2. A pattern of cruel, inhuman, degrading, or humiliating conduct of a serious nature directed toward an aggrieved person.

However, the PDVA does not create a new offense under the term “domestic violence” beyond the above definition.

• Protection Orders under PDVA

Section 2 of the PDVA stipulates that “any person” who has been, is, or is likely to be subjected to an act of domestic violence may apply to the magistrate’s court for a protection order to prevent the act of domestic violence. Thus, men, women, and children can seek the protections guaranteed by the PDVA if they can establish a domestic relationship between the parties involved.

• Relevant Penal Code Provisions

Sections 311 and 312 of the Penal Code also play a role in addressing domestic violence:

– Section 311 recognizes “grievous hurt” as a punishable offense.

– Section 312 recognizes “voluntarily causing hurt” as a punishable offense.

These sections are integral in prosecuting acts of domestic violence within the legal framework of Sri Lanka.

• Workplace Harassment

Article 14(1)(g) of the Constitution of Sri Lanka guarantees the freedom to engage in any lawful occupation, profession, trade, business, or enterprise. However, many working women experience sexual harassment simply because they are women, effectively restricting their right to lawful occupation on the basis of sex. This is a clear violation of both the right to equality and the right to lawful occupation.

The right to lawful occupation can only be restricted in the interest of national security, public order, public health or morality, the rights and freedoms of others, or to meet the just requirements of general existing written and unwritten law, or to protect the interests of a democratic society. Additionally, it can be restricted for the sake of the national economy and for members of the armed forces to ensure proper discharge of their duties and maintain discipline. However, sexual harassment cannot be justified under any of these circumstances. Although many female members of the armed forces face sexual harassment, their right to non-discrimination is not restricted by the law.

Sexual harassment can also be penalized as an issue of bribery. In *Republic of Sri Lanka v. Abdul Rashak Kuthubdeen*, the court ruled that demanding sex could be considered a form of gratification under the Bribery Act. In this case, a supervisor in a government institution demanded sex from a woman employee as a condition to recommend her transfer from Colombo to Kalutara.

With assistance from the International Labour Organization (ILO), the Ceylon Chamber of Commerce and the Employers’ Federation of Ceylon have encouraged Sri Lankan companies to implement a ‘Code of Conduct’ to prevent sexual harassment. Employers should include provisions related to sexual harassment in their organization’s code of conduct, or display these provisions in English, Sinhala, and Tamil if the company lacks a code of conduct. Employers should conduct inquiries according to the rules of natural justice through a grievance committee with at least 50% female representation. Additionally, employers should provide medical treatment to victims if necessary.

Under Sri Lankan labor laws, an employee subjected to sexual harassment can approach the Labour Tribunal on the grounds of constructive termination of employment. Sri Lanka, as a state party to the ILO and the United Nations, has ratified several international conventions aimed at eliminating sexual harassment in workplaces. Among the most significant are the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) and the Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), 1979.

Recognizing the ILO’s Decent Work Agenda, Sri Lanka must eliminate all forms of discrimination and enhance employees’ material well-being and spiritual development in conditions of freedom and dignity, economic security, and equal opportunity regardless of sex. The state should implement effective laws to combat discrimination and conduct educational and vocational programs to raise public awareness. CEDAW obligates Sri Lanka to take steps to combat sexual violence in the workplace to protect the rights to free choice of employment, promotion, social and job security, and all benefits and conditions of service, as well as the right to receive vocational training and retraining.

Victims of sexual harassment can also seek recourse through the Human Rights Commission if the harasser is an executive or administrative official. The Industrial Disputes Act, Trade Unions Ordinance, and Workman’s Compensation Ordinance can also be used to indirectly address and eliminate sexual harassment.

• Trafficking of women and girls

The government of Sri Lanka has made sustained efforts to enforce anti-trafficking laws. Section 360C of the Penal Code criminalizes both sex trafficking and labor trafficking, prescribing penalties ranging from two to 20 years’ imprisonment and a fine. These penalties are stringent and, concerning sex trafficking, commensurate with those for other serious offenses such as rape. Other sections of the Penal Code are also used to investigate and prosecute sex trafficking crimes. For instance, Section 360B criminalizes offenses related to the sexual exploitation of children, with penalties of five to 20 years’ imprisonment and a fine. Section 360A addresses procurement offenses, prescribing penalties of two to 10 years’ imprisonment and fines, which are significantly lower than those under the trafficking provision.

The National Anti-Human Trafficking Task Force (NAHTTF) continues to work on investigating and prosecuting trafficking cases, including those involving online platforms. The National Child Protection Agency (NCPA) refers cases of possible child sexual exploitation, including potential trafficking, to the police. The government has also established a new Human Trafficking, Smuggling Investigation, and Maritime Crimes Investigation Division within the Criminal Investigation Department (CID) to enhance efforts against human trafficking.

The reliance on victim testimony, difficulties in securing evidence from victims, and the issuance of suspended sentences by judges have contributed to the government’s general reliance on procurement charges and the lenient sentences under Section 360A. Prosecutors can pursue procurement cases without the cooperation of the victim. However, lengthy trials, a widespread problem in the criminal justice system, and the stigma faced by victims deter many from participating in trials.

The government has trained ministry officials on anti-trafficking laws, investigations, and prosecutions. The police conducted anti-trafficking training for new recruits. The NCPA began training its staff on child trafficking using a tri-lingual training manual for law enforcement and child protection officers, developed in collaboration with an NGO and an academic institution. Members of the NAHTTF, including the Department of Labor, Ministry of Justice, Bureau for the Prevention of Abuse of Children and Women, and other ministries, conducted numerous anti-trafficking training sessions for officials and civil society members.

In response to the increasing use of fake social media accounts and online platforms to fraudulently recruit victims, the NAHTTF provided training to the Telecommunications Regulatory Commission. The government implemented a special case system to prioritize child abuse and human trafficking cases when scheduling hearing dates. The Department of Immigration and Emigration’s Border Surveillance Unit finalized standard operating procedures (SOPs) to increase the identification of trafficking cases.

These comprehensive measures and procedures demonstrate Sri Lanka’s commitment to combating the trafficking of women and children, ensuring justice for victims, and holding perpetrators accountable.

• Bullying and Harassments through online platforms
• Penal Code Provisions:
  • Section 286A: Prohibits the display and distribution of obscene publications involving children.
  • Sections 286B and 286C: Mandates that computer service providers take necessary steps to prevent their facilities from being used for child sexual abuse and requires individuals to report any knowledge of child abuse to the nearest police station.
  • Section 345: Criminalizes assault, use of criminal force to harass, or sexual harassment through words or actions. Offenders can face imprisonment for up to two years, a fine, or both. Additionally, under Section 345C, those convicted of sexual harassment may be required to pay compensation to the victim.
  • Section 483: Addresses criminal intimidation, where threats of harm to a person, reputation, property, or loved ones are used to coerce someone into doing or refraining from doing something. This section indirectly applies to cyberbullying.
• Obscene Publications Ordinance (Section 2): Imposes penalties for repeat offenses involving obscene materials, with imprisonment up to six months and fines up to Rs. 5,000. The ordinance covers the production, distribution, and advertisement of obscene materials but does not explicitly address cyberbullying.
• Personal Data Protection Act, №9 of 2022: Ensures that personal data is collected, used, and stored securely and responsibly, granting individuals rights over their personal information.
• Intellectual Property Act, №36 of 2003: Safeguards intellectual property rights, addressing online copyright infringement and providing remedies for violations in cyberspace.
• Electronic Transactions Act, №19 of 2006: Establishes the legal framework for electronic communication, contracts, and digital signatures, fostering trust in online interactions.
• Computer Crimes Act, №24 of 2007: Criminalizes various cyber offenses, such as unauthorized access to computer systems, unauthorized interception of data, and disclosure of passwords, serving as the primary legislation for prosecuting cyber-crimes in Sri Lanka.
• Online Safety Act: Enacted to ensure the safety of individuals and groups, especially children and women vulnerable to cyber threats. However, concerns have been raised about the potential impact of this act on freedom of expression. The government plans to introduce additional regulations to combat cyber-crimes effectively.

Institutional Support

• Sri Lanka Computer Emergency Readiness Team (SLCERT):
  • Established in 2006, SLCERT is the national center for responding to cybersecurity incidents, providing technical assistance and raising awareness about cyber threats.
• Computer Crime Investigation Division (CCID):
  • Part of the Sri Lanka Police, the CCID focuses on investigating and prosecuting cyber-crimes, including financial fraud, hacking, and online harassment.
• National Child Protection Authority (NCPA):
  • Works closely with law enforcement to protect children from online exploitation and abuse, investigating cases related to child pornography, grooming, and other forms of online child abuse.
• Digital Forensic Centre at the University of Colombo:
  • Supports the Sri Lanka Police by undertaking digital forensic examinations, assisting in various crime investigations.

• Laws of India

The status of women in India has undergone significant transformations over the past several millennia. From a largely unknown status in ancient times, through the challenges of the medieval period, to the strides made towards equal rights through various reforms, the history of women in India has been eventful.

During the medieval period, the position of Indian women deteriorated. Practices such as sati among some communities, child marriages, and a ban on widow remarriages became prevalent in certain parts of India. In some regions, Devadasis or temple women were sexually exploited. Polygamy was widely practiced, especially among Hindu Kshatriya rulers. By the 18th century and continuing into the early 19th century, women were significantly subjugated, both physically and intellectually, to male dominance.

However, the 19th and early 20th centuries saw an increase in women’s participation in the workforce and other areas, influenced by social reform movements aimed at uplifting women. In India, the social structure, cultural norms, and value systems are key determinants of women’s roles and positions in society. India has established one of the most comprehensive sets of laws for women, and the state practices protective discrimination in favor of women to promote their welfare and rights.

• Sexual Harassment and Rape

• Constitution of India

Prevention of sexual harassment, as defined by the Indian Constitution, encompasses unwanted verbal, non-verbal, and physical conduct of a sexual nature. Such behavior creates a hostile, degrading, or intolerable environment for the victim and is prohibited under various laws and regulations. Several articles of the Indian Constitution mandate protection against sexual harassment, including Articles 14, 15, and 21.

The Indian legal framework provides comprehensive legal protection against rape and other sexual offenses against women and children. Specifically:

– Article 14 ensures equality before the law for women.

– Article 15(1) prohibits the state from discriminating against any citizen on grounds of religion, race, caste, sex, place of birth, or any of these.

– Article 15(3) allows the state to make special provisions in favor of women and children.

– Article 21 guarantees protection of life and personal liberty, stating that no person shall be deprived of their life or personal liberty except according to the procedure established by law.

• Indian Penal Code (IPC) of 1860

The Indian Penal Code (IPC) of 1860 contains provisions to address and punish assault and criminal force, sexual harassment, and aggravated rape. The IPC was amended in 2013 to expand the definition of rape and include various forms of sexual harassment. This amended law is gender-neutral, providing protections for both men and women who are victims of sexual harassment. The expanded definition includes unwanted physical contact, voyeurism, stalking, and other forms of harassment.

• Sec. 509 IPC

Section 509 of the Indian Penal Code criminalizes the act of insulting the modesty of a woman. An offense is committed when any person utters any word, makes any sound or gesture, exhibits any object, or intrudes upon a woman’s privacy with the intention of such gestures or acts being seen or heard by the woman, thereby insulting her modesty. The guilty conduct, or actus reus, can include any behavior that abuses the woman in obscene terms, even without physical confrontation. The criminal intent, or mens rea, for this offense is the intention to make the conduct noticeable to the woman to intentionally insult her modesty.

• Sec. 376 IPC

Subclauses (a) to (g) of Section 376 IPC establish penalties for severe cases of rape, such as custodial rape, rape of a pregnant woman, gang rape, and rape by a police officer or public servant.

• The POCSO Act, 2012

The Protection of Children from Sexual Offences (POCSO) Act of 2012 was enacted to protect children from sexual abuse and exploitation. The Act defines sexual offenses against children and prescribes punishments for such offenses. It also establishes special courts for the trial of offenses against children and ensures a child-friendly approach during the investigation and trial of such cases.

The Act introduced several provisions aimed at protecting the child’s privacy and ensuring their safety during the investigation and trial. It also imposes a duty on the government to provide medical care, counseling, and rehabilitation to the victim.

The POCSO Act recognizes the principle of the ‘age of consent,’ stating that any sexual activity with a child under the age of 18 is categorized as sexual abuse. The Act allows for the prosecution of any person who sexually exploits a child, including parents or guardians. It aims to protect children from offenses of sexual assault, sexual harassment, and pornography, and provides for the establishment of Special Courts to try these offenses and related matters. This law is gender-neutral.

Recently, in reaction to a series of child rapes, particularly the attack on an eight-year-old girl in Jammu and Kashmir, the Indian cabinet approved an ordinance amending laws on sexual violence. This ordinance allows for capital punishment for those convicted of raping children below the age of 12, mandates that trials be completed within two months of an arrest, and increases the minimum jail sentences for convicted rapists.

• The Criminal Law (Amendment) Act, 2013

The Criminal Law (Amendment) Act, 2013, redefines rape as non-consensual sexual intercourse, expanding the definition to include oral and anal sex, and eliminating the requirement for physical resistance to establish rape. The act also includes penetration, addressing a longstanding issue in Indian rape laws. Previously, evidence of force or coercion was required to establish rape, but the 2013 Act recognizes that consent is the cornerstone of any sexual act. It defines consent as “an unequivocal and voluntary agreement to engage in sexual activity.”

The 2013 Act introduces the concept of marital rape, criminalizing sexual intercourse by a husband with his wife if she is under 18 years of age or if the act is against her will. This amendment is a progressive step towards gender equality and acknowledges the principle of sexual autonomy. The punishment for rape has been made more stringent, with a minimum sentence of seven years of imprisonment, which can extend to life imprisonment. The Act also introduces the death penalty for repeat offenders and in cases where the victim is a minor. Additionally, it provides for enhanced sentences for gang rape and rape committed by public servants.

To ensure speedy justice, the Act establishes fast-track courts for the trial of rape cases, mandating that trials be completed within two months of the accused being charged. To protect the victim’s privacy, the Act requires that a woman doctor examine the victim and that trials take place behind closed doors.

The amendments in this Act address various forms of violence against women, expanding the Indian Penal Code to include offenses such as acid attacks, disrobing a woman, sexual harassment, and stalking. It also raised the age of consent to 18, increased penalties and sentences for gang rape, and added measures to hold government and private hospitals accountable for providing free medical treatment to victims of rape or acid attacks. Public servants are also held responsible for refusing to file a First Information Report (FIR).

• Indecent Representation of Women (Prohibition) Act, 1986

The Indecent Representation of Women (Prohibition) Act, 1986, is a legislative measure that prohibits the indecent representation of women through advertisements, paintings, figures, writings, and other similar displays.

• Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act, 1989

An Act to protect scheduled castes and scheduled tribes from experiencing atrocities based on their social status in society, including acts of violence against women.

• Case laws

State of Maharashtra vs. Madhukar Narayan Mardikar (1991): This case established that a woman’s testimony in cases of sexual assault and rape should be accepted unless there are substantial reasons to discredit it.

Delhi Domestic Working Women’s Forum vs. Union of India (1995): The Supreme Court held that rape laws in India need to be redefined and expanded to protect women’s dignity and autonomy.

Sakshi vs. Union of India (2004): The Supreme Court directed all states to establish sexual assault crisis centres to provide medical and legal assistance to rape victims.

State of Karnataka vs. Krishnappa (2000): The Supreme Court held that while the onus of proof in rape cases is on the prosecution, the testimony of the victim can be sufficient to prove the guilt of the accused.

Medha Kotwal Lele vs. Union of India (2013): The Bombay High Court held that non-consensual sexual intercourse by a man with his wife, even if done forcefully or against her wishes, is not considered rape.

Lillu vs. State of Haryana (2013): The Supreme Court held that under Section 376(2)(g) of the Indian Penal Code, rape can be committed by a member of the armed forces deployed in an area under the Armed Forces (Special Powers) Act, 1958.

• Workplace Harassment

• Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (POSH Act):

The POSH Act defines sexual harassment and mandates employers to implement preventive measures and provide a redressal mechanism for individuals experiencing sexual harassment. The Act classifies sexual harassment as a punishable offense, with penalties including fines and imprisonment.

As the first legislation aimed at safeguarding women from workplace sexual harassment, the POSH Act meticulously defines sexual harassment within Section 2. The inclusive definition explicitly encompasses various unwelcome acts or behaviors, whether conveyed directly or indirectly, including:

– Physical contact and advances

– A demand or request for a sexual favor

– Making sexually colored remarks

– Showing pornography

– Any other unwelcome physical, verbal, or non-verbal conduct of a sexual nature

Key provisions of the Act include:

– Workplaces with more than ten employees must establish an Internal Complaints Committee to document and address cases of sexual harassment.

– The Act protects any woman, whether an employee or not, working in the organized or unorganized sector, who experiences sexual harassment at the workplace.

In Maharashtra, a deputy collector is designated in each district as the district officer responsible for executing the powers and functions under the Act. The district officer also establishes a Local Complaints Committee for women working in smaller or informal enterprises, ensures the timely submission of reports by the committee, and engages NGOs to raise awareness about sexual harassment and women’s rights.

• University Grants Commission (Prevention, Prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015

These regulations aim to prevent and address sexual harassment of students and female employees on university campuses, whether perpetrated by teachers, administrative staff, or students. Under these regulations, all colleges must convene an Internal Complaints Committee to document and respond to complaints. The committee is also responsible for providing interim relief for aggrieved parties and punishing offenders, which may include suspension, expulsion, or counseling.

• Case Laws

Vishaka & Ors. vs. State of Rajasthan (AIR 1997 SC 3011):

The Vishaka guidelines, stemming from the landmark judgment in the case of Vishaka & Ors. vs. State of Rajasthan (AIR 1997 SC 3011), were formulated to address and prevent sexual harassment in the workplace. The Supreme Court laid down the following guidelines:

1. Definition of Sexual Harassment: Clearly define sexual harassment to include unwelcome sexually determined behavior, whether directly or by implication.

2. Preventive Measures: Employers must take proactive measures to prevent sexual harassment, such as developing and implementing a comprehensive policy against sexual harassment.

3. Internal Complaints Committee (ICC): Establish an Internal Complaints Committee at each office or administrative unit for addressing complaints. The committee should comprise a majority of women and include an external member.

4. Complaints Procedure: Outline a proper complaints mechanism for reporting incidents of sexual harassment, ensuring confidentiality and protection for the complainant.

5. Informing Employees: Disseminate information about the policy and the mechanism for addressing complaints through workshops, seminars, and other suitable means.

6. Assistance to Victims: Provide necessary assistance to the victim, such as counseling services and support during the investigation process.

7. Protection Against Retaliation: Ensure that victims or witnesses of sexual harassment are protected from any adverse action as a result of filing a complaint.

8. Confidentiality: Maintain confidentiality throughout the inquiry process, protecting the privacy of both the complainant and the accused.

9. Timely Resolution: Ensure that complaints are addressed promptly and efficiently, avoiding unnecessary delays in the investigation and resolution.

10. Penalties: Impose appropriate penalties on the perpetrator in the event of a proven case of sexual harassment, including but not limited to disciplinary action, termination, or legal consequences.

These guidelines are integral in creating a safer and more respectful work environment, emphasizing the responsibility of employers to prevent, address, and redress incidents of sexual harassment within the workplace.

• Bullying and Harassments through online platforms

• Information Technology Act, 2000

The Information Technology Act, 2000, amended in 2008, contains provisions specifically addressing cyberbullying and online harassment. Although Section 66A, which aimed to punish individuals for sending offensive messages through communication services, was struck down by the Supreme Court in 2015 for being unconstitutional, other provisions remain in force.

Key provisions include:

– Section 67: This section deals with publishing or transmitting obscene material electronically.

– Section 67A: This section addresses publishing or transmitting material containing sexually explicit acts.

This Act makes certain offenses against women punishable, including:

– Sending offensive messages, such as false information, hatred, or criminal intimidation, through communication services (e.g., electronic mail).

– Punishment for the violation of privacy.

– Punishment for spreading obscene and sexually explicit materials electronically, including the sexual exploitation of children.

• Other Laws

Laws such as the Protection of Sexual Harassment Act, 2013, which addresses harassment of women in the workplace, the POCSO Act, 2012, which regulates sexual offenses against children, and the Indecent Representation of Women (Prohibition) Act, 1986, which governs the portrayal of women in advertisements, publications, and other media, can be applied in cases of online violence. However, challenges exist in enforcing these laws. For example, the Indecent Representation of Women Act primarily focuses on protecting public morality rather than ensuring women’s safety.

• Domestic Violence

• Domestic Violence Act, 2005

This Act defines domestic violence to include physical, emotional, verbal, sexual, and economic abuse within the family and the home. It is primarily a civil law aimed at providing protection orders rather than imposing criminal penalties.

Key Provisions of the Domestic Violence Act, 2005:

1. Definition of Domestic Violence: Domestic violence is defined as any act or omission by a person against a woman with whom he is in a domestic relationship that causes physical, sexual, verbal, emotional, or economic abuse.

2. Protection Officers: The Act mandates the appointment of protection officers, preferably women, by the state government. These officers are responsible for receiving complaints, filing reports to be submitted to a magistrate, helping victims get medical assistance, and managing shelter homes. They also enforce the magistrate’s orders.

3. Counseling and Medical Facilities: Victims have the right to receive medical and counseling services, including medical examinations, treatment, and psychiatric assistance.

4. Right to Reside in a Shared Household: The Act recognizes a victim’s right to reside in the shared household, regardless of her legal entitlement to the property.

5. Jurisdiction: Complaints can be filed in any court that has jurisdiction over the area where the victim resides or works.

6. Penalties: The Act imposes penalties for breaching protection orders and failing to comply with court directions.

7. Definition of Respondents:

   Respondents include any adult male who is or has been in a domestic relationship with the victim and against whom the victim seeks relief under this Act.

8. Burden of Proof:

   The Act shifts the burden of proof to the respondent in cases of allegations made by the victim.

9. Non-Discrimination: The Act ensures that victims are not discriminated against based on marital status and are entitled to the same protection and relief as any other citizen.

10. Medical Examination of the Victim: Authorities are required to arrange for a medical examination if the victim has suffered physical injuries. The medical report must be submitted to both the Magistrate and the police station with jurisdiction.

11. Medical Report: If the victim has suffered any physical injuries, they shall be medically examined, and the report should be forwarded to the relevant Magistrate and police station according to the prescribed procedure.

• Dowry Prohibition Act, 1961

Section 3 of the Dowry Prohibition Act, 1961, prohibits both the giving and taking of dowry. This provision is also integrated into the Protection of Women from Domestic Violence Act, 2005, which recognizes that demands for dowry or related harassment can constitute domestic violence. Under Section 3, demanding or accepting dowry is classified as a criminal act. Such demands or harassment by a husband or his relatives can result in domestic violence against the woman.

Section 4 of the Dowry Prohibition Act, 1961, further strengthens this prohibition by imposing penalties. It stipulates that anyone who, directly or indirectly, demands, takes, or abets the giving or taking of dowry shall be punished with imprisonment for a term of no less than five years and a fine of at least fifteen thousand rupees. This provision aims to combat the social evil of dowry, which is often used as a means of harassment, exploitation, and abuse of women.

Section 8 designates dowry-related offenses as cognizable offenses, meaning that the police are required to take immediate action upon receiving a complaint and begin investigating the case.

• Hindu Succession (Amendment) Act, 2005

This Act amends the Hindu Succession Act, 1956, by removing gender-discriminatory provisions and granting daughters equal rights to ancestral property, on par with sons.

• The pre-Natal Diagnostic Techniques (Regulation and Prevention of Misuse) (PCPNDT) Act, 1994

This Act aims to regulate the use of prenatal diagnostic techniques to reduce the incidence of selective abortion resulting from prenatal sex determination.

• The Commission of Sati (prevention) Act, 1987

An Act that prohibits Sati practices (voluntary or forced burning or burying of widows who are alive) and the observance of any ceremonies regarding this practice.

• Case Laws

Indra Sarma v. V.K.V. Sarma: This pivotal case marked a significant shift in matrimonial law under the Hindu Marriage Act, 1955, by recognizing mental cruelty as a valid ground for divorce.

In its ruling, the Supreme Court emphasized the seriousness of mental cruelty in the marital context, acknowledging its potential to cause significant harm to a spouse’s mental health and overall well-being. The Court clarified that the definition of mental cruelty is broad and should be assessed based on the specific facts and circumstances of each case.

To provide guidance, the Court outlined various behaviors that could constitute mental cruelty, such as persistent verbal abuse, baseless accusations of infidelity, denial of affection, and refusal to communicate meaningfully. This approach highlighted the varied and nuanced nature of mental harassment.

Additionally, the Court underscored that the cumulative effect of multiple acts could collectively amount to mental cruelty, even if individual acts, on their own, might not be sufficient. This recognition of the cumulative impact reflects the Court’s understanding of the often subtle and accumulating nature of mental harassment within marital relationships.

• Trafficking of women and girls

• Immoral Traffic in Women and Girl Act, 1956 (as amended up to 1986)

The Immoral Traffic (Prevention) Act, 1956, aims to combat violence against women and children by prohibiting trafficking and sexual exploitation for commercial purposes. The primary objective of the Act is to prevent the exploitation of women and children, especially girls, in the sex trade. It criminalizes soliciting or inducing prostitution, procuring or attempting to procure prostitution, and living off the earnings of prostitution.

Under the Act, prostitution is defined as the act of offering one’s body for sexual gratification, whether or not in exchange for money or other material gain. A prostitute is defined as someone who engages in or is associated with prostitution.

The Act also establishes special courts to handle offenses under its provisions. These courts are authorized to take cognizance of offenses without requiring the accused to be committed for trial. Additionally, special public prosecutors are appointed to handle cases before these courts.

It is an offense under the Act to knowingly permit premises to be used for prostitution or to live off the earnings of a prostitute. Offenders may face imprisonment for up to seven years and/or a fine.

The Act provides for the rehabilitation of victims of trafficking and sexual exploitation. State governments are required to establish protective homes and welfare funds to aid in the rehabilitation of these victims.

The Act grants the police the authority to arrest individuals found soliciting or inducing prostitution without a warrant. It also empowers them to search and seize property used for prostitution.

The Act has undergone several amendments to strengthen its provisions against trafficking and sexual exploitation. In 2018, the Act was further amended to increase the penalties for trafficking individuals for purposes such as begging, marriage, or other reasons.

Key Differences between Sri Lankan and Indian Laws

• Scope and Specificity

One of the primary distinctions between the legal frameworks of Sri Lanka and India is the scope and specificity of their laws addressing violence against women. India has enacted several specific laws, such as the Protection of Women from Domestic Violence Act (PWDVA) and the Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act. These laws provide detailed coverage of various forms of violence, including physical, emotional, sexual, and economic abuse. The Criminal Law (Amendment) Act, 2013 further strengthens the penalties for sexual offenses and broadens the definition of rape. In contrast, Sri Lanka’s Prevention of Domestic Violence Act (PDVA) is more general, offering protection orders for victims without extensive provisions for specific contexts like workplace harassment. The penal code addresses sexual harassment and violence but lacks standalone acts with detailed provisions similar to those in India.

• Implementation Mechanisms

The implementation mechanisms in India and Sri Lanka also show significant differences. India has established One-Stop Centres that provide immediate support and counseling, including medical, legal, and psychological assistance to survivors. Fast-track courts expedite the trial of cases related to violence against women, ensuring swift justice. National and State Commissions for Women monitor policies, laws, and programs affecting women, providing recommendations to the government. Special women’s police stations and training programs for police officers further enhance the handling of these cases with sensitivity. Conversely, Sri Lanka’s implementation mechanisms are less extensive. While special police units and legal aid services are available, the network of immediate support services, such as One-Stop Centres, is not as robust. The Women and Children’s Desks at police stations and the National Child Protection Authority (NCPA) handle cases of violence but do not offer the same comprehensive support structure as seen in India.

• Public Awareness and Training

Public awareness and training efforts also differ between the two countries. India conducts extensive public awareness campaigns on gender-based violence, targeting various communities and workplaces. These campaigns are crucial in educating the public and preventing violence. Additionally, India implements mandatory training programs for police officers and other stakeholders to handle cases of violence against women effectively and sensitively. Sri Lanka engages in awareness and training activities but lacks the structured and widespread campaigns seen in India. The emphasis on public education and police training is not as pronounced, which can impact the effectiveness of the response to violence against women.

• Legal Protections and Definitions

Another key difference lies in the legal protections and definitions provided by the two countries. India’s legal framework, especially following the amendments to the Indian Penal Code (IPC) in 2013, includes comprehensive definitions and protections for sexual offenses. The amendments broaden the scope of what constitutes rape and other sexual crimes, ensuring that the laws are inclusive and provide robust protection for women. Sri Lanka’s penal code addresses similar offenses but does not offer the same level of detail and comprehensive definitions as India’s amendments. The protections under Sri Lankan law are less detailed, which can limit the effectiveness of the legal response to various forms of violence against women.

• Laws of Germany

Following the Post-World War II period, the Basic Law (Grundgesetz) of 1949 in Germany established the groundwork for gender equality by ensuring equal rights for both men and women under Article 3. Nevertheless, early marriage and family laws restricted women’s rights in these domains. It wasn’t until the 1970s and 1980s that significant reforms were initiated to tackle these issues, leading to enhancements in divorce and property rights. The Marriage and Family Law Reform of 1977 in the late 20th century granted spouses equal rights within marriage, particularly in matters concerning property and family. Employment laws in the 1980s aimed to diminish gender-based wage gaps and promote women’s involvement in the workforce. Recent advancements include the Equal Opportunities Act of 2001, which obliges employers to foster gender equality, especially in leadership positions. The Anti-Discrimination Law of 2006 prohibits gender-based discrimination in employment and other spheres. Reforms in parental leave, such as Parental Allowance (Elterngeld) and Parental Leave (Elternzeit), offer financial assistance and job security for working parents. The current situation in Germany is focused on narrowing the gender pay disparity through enhanced transparency and equal pay initiatives. Policies supporting a work-life balance, including improvements in parental leave and childcare, are continuously being enhanced. Efforts to combat sexual harassment and violence have also been reinforced, with increased legal safeguards and support systems for victims.

• Sexual Harassment and Rape

Sexual harassment in Germany is primarily regulated under the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG). This law aims to prevent discrimination and harassment in the workplace and in other areas, including education and public services. Under the AGG, employers are required to take preventive measures against sexual harassment and to provide a mechanism for reporting and addressing such behavior. The act mandates that employers implement anti-harassment policies, conduct training for employees, and establish procedures for handling complaints.

• Criminal Law on Rape and Sexual Violence

Rape and other forms of sexual violence are addressed in Germany’s Criminal Code (Strafgesetzbuch, StGB). A significant reform occurred in 2016 with the introduction of the “Yes Means Yes” law, which marked a substantial shift in how sexual consent is defined and protected under the law.

• Definition of Rape

Under the reformed Section 177 of the Criminal Code, rape is defined as any non-consensual sexual act. This law emphasizes that consent must be freely given and clearly communicated. The 2016 reform eliminated the previous requirement that victims had to prove the use of violence or the threat of violence; now, the absence of consent is sufficient to constitute rape. This change aligns Germany’s legal standards more closely with the principles of affirmative consent, recognizing that consent must be explicit and ongoing.

• Penalties and Legal Protections

The penalties for rape and other forms of sexual violence can be severe, reflecting the gravity of these offenses. Convictions for rape can result in long prison sentences, and the law provides for additional penalties for aggravated circumstances, such as repeat offenses or acts involving severe physical harm.

• Victim Support

Germany has established various mechanisms to support victims of sexual violence. Victims can access medical care, psychological support, and legal assistance through specialized services and organizations. The law also provides for the protection of victims’ privacy and dignity throughout the legal process. Victims have the right to remain anonymous during trials and to receive assistance in navigating the legal system.

• Domestic Violence

In Germany, domestic violence is addressed through a range of legal measures designed to protect victims, primarily women, and to hold perpetrators accountable. The legal framework encompasses both criminal law and civil law, providing comprehensive protection and support for survivors.

• Criminal Law

Domestic violence in Germany is covered under various provisions in the Criminal Code (Strafgesetzbuch, StGB). The legal definition of domestic violence includes physical violence, threats, and psychological abuse. Key offenses related to domestic violence are addressed in the StGB, including assault, bodily harm, and coercion.

• Assault and Bodily Harm

Under Sections 223 to 231 of the StGB, acts of physical violence such as hitting, slapping, or any form of physical injury fall under the categories of assault and bodily harm. The penalties for these offenses vary depending on the severity of the injuries and whether the act was committed repeatedly or under aggravated circumstances.

• Coercion and Threats

Section 240 of the StGB criminalizes coercion, which includes threats and intimidation. This provision can be applied to situations where an individual is forced into certain actions or subjected to severe threats, including those occurring within a domestic setting.

• Protection Measures

Germany also has specific laws aimed at providing immediate protection and support to victims of domestic violence. One such measure is the Act to Protect Victims of Domestic Violence (Gesetz zum Schutz von Opfern häuslicher Gewalt), enacted in 2002. This law introduced several key protective measures:

Restraining Orders – Under this act, victims can apply for restraining orders, known as “protection orders,” which prohibit the perpetrator from approaching or contacting the victim. These orders can also grant the victim exclusive rights to the shared home, forcing the perpetrator to leave.

Emergency Accommodation – The law provides for the immediate relocation of victims to safe accommodation if they are in immediate danger. Shelters and support services are available to offer temporary housing and assistance.

• Civil Law

In addition to criminal measures, civil law provides avenues for addressing domestic violence. Victims can seek protection through family courts, which can issue orders regarding custody, visitation rights, and financial support. These decisions are intended to ensure the safety and well-being of both the victim and any children involved.

• Support Services

Germany has established a network of support services for victims of domestic violence. These include counseling centers, hotlines, and advocacy organizations that provide emotional, legal, and practical support. Specialized services help victims navigate the legal system, access shelters, and receive counseling.

In summary, Germany’s legal framework for addressing domestic violence includes a combination of criminal and civil measures designed to protect victims and hold perpetrators accountable. While the laws provide substantial protection, ongoing efforts are necessary to ensure effective implementation, adequate support for survivors, and broader societal change to prevent and address domestic violence.

• Workplace Harassment

In Germany, workplace harassment, including sexual harassment, is addressed through a combination of legal provisions and regulations designed to create a safe and equitable working environment. The legal framework involves both statutory laws and regulations aimed at preventing and addressing harassment, ensuring that employees, particularly women, are protected from discriminatory and abusive behavior in the workplace.

• General Equal Treatment Act (AGG)

The primary legal instrument addressing workplace harassment is the General Equal Treatment Act (Allgemeines Gleichbehandlungsgesetz, AGG). Enacted in 2006, the AGG aims to prevent discrimination and promote equal treatment in various aspects of employment, including hiring, working conditions, and termination. One of the key elements of the AGG is its focus on combating sexual harassment and other forms of harassment based on gender, ethnicity, religion, disability, age, and sexual orientation.

Under the AGG, sexual harassment is defined as any unwanted conduct of a sexual nature that creates an intimidating, hostile, or offensive work environment. This includes not only overt sexual advances but also subtle behaviors such as inappropriate comments, jokes, or gestures. The AGG requires employers to take proactive steps to prevent harassment and to provide mechanisms for reporting and addressing complaints.

• Employer Responsibilities

The AGG imposes specific responsibilities on employers to prevent and address workplace harassment. Employers are required to establish clear policies and procedures for dealing with harassment complaints. This includes implementing anti-harassment training for employees and management, providing accessible reporting channels, and taking prompt and effective action in response to complaints. Employers must also ensure that victims are protected from retaliation and that their complaints are handled confidentially and sensitively.

• Legal Remedies and Procedures

Victims of workplace harassment in Germany have several avenues for seeking redress. They can file complaints with their employer, who is legally obligated to investigate and address the issue. If internal remedies are insufficient, victims can also seek recourse through the labor courts (Arbeitsgerichte). The AGG provides the right to claim damages for harm suffered due to harassment, which can include compensation for emotional distress and other losses.

In addition to civil remedies, the AGG also stipulates that victims of harassment can pursue claims for discrimination and seek remedies through the legal system. This may involve filing a lawsuit to address the discrimination and seek appropriate compensation.

• Criminal Law

Although workplace harassment is primarily addressed through civil law under the AGG, certain severe cases may also fall under criminal provisions. For instance, if harassment involves threats, coercion, or physical violence, it may be prosecuted under criminal laws such as those addressing assault or coercion under the Criminal Code (Strafgesetzbuch, StGB).

• Public Awareness and Training

To address workplace harassment effectively, Germany emphasizes the importance of public awareness and education. Many organizations conduct training sessions on harassment prevention and response, aiming to foster a culture of respect and inclusivity in the workplace. These initiatives help to inform employees and management about their rights and responsibilities, contributing to a safer and more equitable working environment.

In summary, Germany’s legal framework for addressing workplace harassment, including sexual harassment, is primarily governed by the General Equal Treatment Act. This legislation imposes obligations on employers to prevent and address harassment, provides mechanisms for victims to seek redress, and offers protections against retaliation. While the laws provide a solid foundation for addressing workplace harassment, ongoing efforts in enforcement, education, and support are essential to ensure their effectiveness and create a safe and respectful work environment.

• Trafficking of women and girls

In Germany, the trafficking of women and girls is addressed through a comprehensive legal framework designed to combat this serious human rights violation. The legal measures in place include specific criminal laws, victim protection provisions, and international commitments.

• Criminal Law and Legislation

Germany’s approach to tackling human trafficking is primarily governed by the Criminal Code (Strafgesetzbuch, StGB). The relevant provisions address various forms of trafficking, including sexual exploitation, forced labor, and other forms of coercive exploitation. Section 232 of the StGB criminalizes trafficking in human beings. This section encompasses acts such as recruiting, transporting, or harboring individuals with the intent to exploit them. It specifies penalties for those who engage in or facilitate trafficking, reflecting the severity of the offense.

• Act to Improve Protection against Trafficking and Exploitation

In 2016, Germany enacted the “Act to Improve Protection against Trafficking and Exploitation” (Gesetz zur Verbesserung des Schutzes gegen Menschenhandel und Ausbeutung). This legislation aims to enhance the legal framework for prosecuting traffickers and improving victim protection. The act introduces stricter penalties for traffickers and expands the scope of legal protections available to victims. It also emphasizes the need for victim-centered approaches and supports the integration of survivors into society.

• Victim Protection and Support

Victims of trafficking in Germany are entitled to various forms of protection and support. The Federal Office for Migration and Refugees (BAMF) provides assistance to trafficking survivors, including temporary residence permits for those who are cooperating with law enforcement. Victims have access to support services such as counseling, medical care, and legal aid. Additionally, Germany’s legal framework includes provisions for confidential and sensitive handling of cases to protect victims’ privacy and dignity.

• International Commitments

Germany is a party to several international treaties and conventions aimed at combating human trafficking. The country adheres to the Council of Europe Convention on Action against Trafficking in Human Beings, which sets out standards for protecting victims and prosecuting traffickers. Germany also complies with the United Nations Protocol to Prevent, Suppress, and Punish Trafficking in Persons, especially Women and Children, supplementing the UN Convention against Transnational Organized Crime. These international commitments underscore Germany’s dedication to addressing trafficking within a broader global framework.

Overall, Germany’s laws and regulations provide a strong foundation for combating the trafficking of women and girls. However, continuous efforts are needed to address challenges, enhance victim protection, and ensure that traffickers are held accountable for their crimes.

• Bullying And harassment through online platforms

In Germany, laws addressing bullying and harassment through online platforms, including those targeting women, are part of a broader legal framework that encompasses both traditional and digital forms of abuse. These laws reflect Germany’s commitment to protecting individuals from harassment and ensuring their safety in both physical and online environments.

• Criminal Code Provisions

Germany’s Criminal Code (Strafgesetzbuch, StGB) includes several provisions that can be applied to online bullying and harassment. For example, Section 185 of the StGB criminalizes insult and defamation, which can encompass many forms of online harassment. This section is used to address cases where individuals are subjected to derogatory comments, insults, or slander on digital platforms.

• Stalking and Threats

Another relevant provision is Section 238 of the StGB, which addresses stalking. This law criminalizes persistent and unwanted contact that causes significant distress or fear to the victim. In the context of online harassment, it covers situations where an individual is repeatedly targeted through digital means, such as threatening messages or continuous unwanted communication.

• Cyberbullying and Online Harassment

Specific forms of cyberbullying are also covered under laws related to the distribution of harmful content. Section 202c of the StGB deals with the illegal acquisition of data, which can apply to cases where personal information is accessed or shared without consent, contributing to harassment. Additionally, Section 201 of the StGB addresses violations of privacy, which can be relevant in cases where private images or information are disseminated without permission.

• Protection Against Online Harassment

Germany’s legal framework includes measures specifically designed to protect victims of online harassment. The Network Enforcement Act (NetzDG), enacted in 2017, is a significant piece of legislation aimed at combating illegal content on social media platforms. The NetzDG requires social media companies to swiftly remove content that is deemed illegal, including hate speech, threats, and harassment. This act mandates that platforms have clear reporting mechanisms and procedures for dealing with harmful content, thereby providing a way for victims to seek removal of abusive posts and reports of harassment.

• Civil Remedies and Reporting

Victims of online harassment can seek civil remedies through the courts. This includes filing complaints for defamation, privacy violations, or emotional distress caused by online bullying. German law provides avenues for obtaining injunctions to prevent further harassment and for seeking compensation for damages suffered as a result of online abuse.

• Support and Advocacy

Germany has a range of support services for victims of online harassment. Organizations and helplines provide assistance in navigating the legal system, offer counseling, and help victims secure their online safety. These services are crucial for providing immediate support and guidance to those affected by digital abuse.

• Public Awareness and Education

Efforts to combat online harassment also involve public education campaigns and awareness initiatives. These programs aim to educate individuals about their rights, the legal protections available, and the importance of reporting abuse. By fostering a greater understanding of digital rights and responsibilities, these initiatives contribute to creating a safer online environment.

• Challenges and Enforcement

Despite these legal protections, challenges remain in effectively combating online harassment. Issues such as jurisdictional complexity, the rapid evolution of digital platforms, and difficulties in tracking and prosecuting anonymous perpetrators can complicate enforcement. Ensuring that victims receive timely and effective protection requires ongoing efforts from both legal authorities and online platforms.

In summary, Germany’s legal framework for addressing online bullying and harassment includes provisions in the Criminal Code, specific laws like the Network Enforcement Act, and various civil remedies. These laws collectively aim to protect individuals, including women, from digital abuse and ensure that perpetrators are held accountable. However, addressing the complexities of online harassment continues to require effective enforcement, public awareness, and robust support systems.

Recommendations for Policy Reforms

• Criminal Law and Procedure

Improved collaboration between the Department of Attorney General and the police is essential; this could be achieved by enacting required regulations akin to those found in South Asia for filing First Information Reports. Enhancing forensic processes requires cooperation with medical groups, especially when it comes to sexual offenses. Although acknowledging the right to privacy is difficult, constitutional amendment is a must for constitutional reform. To guarantee that victims of sexual violence receive fair treatment, the Law of Evidence must be changed. Trial delays must be addressed by implementing “fast track” processes, particularly for major offenses. Sentence guidelines must be developed immediately to avoid the suspension of sentences for violent offenses, especially in light of the recent rape instances. Examining the Evidence Ordinance Procedures is essential for strengthening criminal investigations and may even result in revisions, particularly with relation to blood testing. The Legal Aid Commission and the Bar Association should work together to raise knowledge of the legal aid provisions under the ICCPR Act.

• Civil Law and Procedure

Women’s ability to seek justice in civil disputes is significantly hindered by the challenges and delays within the judicial system. By increasing the funding of the Legal Aid Commission to collaborate with civil society organizations and the Bar Association, there is potential to enhance service delivery through an institutional network, particularly for those offering counseling services for gender-based violence. Establishing practice guidelines and procedures could lead to more consistent handling of gender-based violence cases in courts. The responsibility of implementing these initiatives falls on the Attorney General’s Office and the Ministry of Justice.

• Expand Legal Definitions and Protections:

• Broaden Definitions:

 Expand the definition of rape to include marital rape and other forms of non-consensual sexual acts. Marital rape is not considered a criminal offense in several legal systems, such as in Sri Lanka, when the wife is of a certain age. This exemption stems from antiquated views on marriage and consent. It is imperative to broaden the definition of rape to encompass marital rape explicitly, acknowledging that consent is a fundamental aspect of all sexual relationships, irrespective of marital status. Acknowledging marital rape as a crime underscores the principle that all individuals have the right to bodily autonomy and that marriage does not imply automatic consent to sexual activities.The current legal definition of rape may only cover non-consensual vaginal intercourse, leaving out other types of non-consensual sexual acts. It is necessary to expand the definition to encompass all forms of non-consensual sexual acts, including oral sex, anal sex, and penetration with objects. This expansion would provide thorough legal protection against all forms of sexual violence, acknowledging the diverse ways in which such violence can manifest.

• Enhanced Penalties:

 Consider increasing penalties for sexual harassment and rape to create stronger deterrence. Sexual harassment in Sri Lanka can lead to imprisonment for a maximum of five years or fines. However, there is a need to enhance the penalties for sexual harassment by imposing longer prison sentences and higher fines. This would serve as a stronger deterrent and signal that sexual harassment is a serious offense with significant consequences, potentially reducing its incidence in workplaces and other settings.

The current penalties for individuals convicted of rape in Sri Lanka range from seven to 20 years of imprisonment, in addition to fines and compensation for the victim. While these consequences are significant, there is a potential necessity for harsher repercussions in specific instances. Considering an increase in both the minimum and maximum penalties for rape, as well as implementing stricter punishments for aggravated cases such as the rape of minors or incidents resulting in severe injury or death, could serve as a more effective deterrent. These stricter penalties would not only help in preventing such heinous crimes but also emphasize the seriousness of the offense and the importance of safeguarding individuals from sexual violence.

• Establish Specialized Support Services:

•    One Stop Centers:

Create One Stop Centers for rape survivors, providing integrated services like medical care, legal assistance, and psychological counseling. By bringing these services together in one location, OSCs reduce the need for survivors to navigate multiple systems and agencies, which can be overwhelming and retraumatizing. Also, these centers ensure that survivors receive immediate care, reducing delays that could potentially compromise their health and the collection of evidence.

• Victim Compensation Fund:

 Establish a dedicated fund to provide financial support and compensation to survivors of sexual violence. Financial support can be given for medical expenses for both physical and mental health and legal fees. Compensation for losses can be given for income lost due to time off work for recovery, medical appointments, or court appearances and for rehabilitation.

• Improve Law Enforcement and Judicial Processes:

• Fast-Track Courts:

Establishing specialized fast-track courts solely dedicated to handling sexual harassment and rape cases can significantly reduce delays in the judicial system. These courts prioritize such cases and aim to conclude trials within a specific timeframe. This initiative ensures timely resolution of cases, providing justice to survivors promptly and minimizing their prolonged exposure to legal proceedings. Victim support, including speedy trials, helps alleviate the emotional and psychological burden on survivors, enabling them to move forward with their lives more quickly.

• Training for Police and Judiciary:

 Conduct regular training for law enforcement officers and the judiciary on handling sexual violence cases sensitively and effectively. It is suggested to establish consistent and obligatory training sessions for law enforcement officers and court personnel, with a specific emphasis on Sensitivity Training, Legal Knowledge, and effective interviewing techniques for survivors in a manner that minimizes trauma, preserves evidence, and upholds the survivor’s safety and dignity. Additionally, it is advised to create thorough training modules in partnership with specialists, non-governmental organizations, and advocacy groups for survivors, and to organize regular refresher courses and workshops to promote ongoing learning and adaptation to advancements in the field.

• Strengthen Workplace Sexual Harassment Policies

In Sri Lanka, although there are laws against sexual harassment, there is a lack of specific legislation focusing on workplace sexual harassment. This can result in inconsistent handling of complaints and insufficient support for victims. It is recommended to introduce Model Legislation to Enact comprehensive laws similar to India’s Sexual Harassment of Women at Workplace (Prevention, Prohibition, and Redressal) Act, 2013. This law requires the establishment of Internal Complaints Committees (ICCs) in workplaces with ten or more employees. These committees are tasked with receiving and investigating complaints of sexual harassment within the organization. They should be formed with a diverse representation, including external members to ensure fairness. This initiative will help to Standardize Processes as Comprehensive legislation offers a clear framework for addressing sexual harassment, ensuring uniformity in handling complaints across various workplaces. Establishing ICCs also guarantees that victims have a dedicated entity to approach, providing a secure and supportive environment to report incidents. Making ICCs mandatory holds employers responsible for maintaining a harassment-free workplace, with legal consequences for non-compliance.

• Strengthen laws for Online Bullying and Harassment

It is crucial to strengthen legislation and enforcement mechanisms in order to effectively tackle the growing issue of online harassment and cyberbullying. One important measure is to introduce a specific anti-cyberbullying law that clearly defines cyberbullying, specifies penalties, and offers guidelines for reporting and addressing incidents. Moreover, existing laws should be expanded to encompass various forms of online harassment, including cyberstalking, doxing, and revenge porn. To bolster enforcement, specialized cyber units should be established within law enforcement agencies, equipped with the necessary expertise and resources to investigate and prosecute offenders. Additionally, user-friendly online reporting platforms should be developed to facilitate the reporting of incidents. In addition, victim support services, such as helplines, counseling, and legal aid, should be made available to assist those impacted by online harassment. Public awareness campaigns and educational programs in schools and communities are essential to educate individuals about the dangers of online harassment and promote digital etiquette. International collaboration is also vital in combating cross-border online harassment, through information sharing and joint investigations. By adopting best practices from other countries, such as India’s cybercrime reporting portal and dedicated cyber cells, Sri Lanka can enhance its approach to addressing online harassment and creating a safer online environment for all.