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Prevention of Domestic Violence Act

Prevention of Domestic Violence Act. (PDVA ) No 34 of 2005.

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Prevention of Domestic Violence Act

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  1. Prevention of Domestic Violence Act (PDVA) No 34 of 2005

  2. The PDV Act was drafted in consultation with women’s groups and gender advocates. It provides a procedure for obtaining a protection order in response to domestic violence, which has been defined so as to include sexual violence including marital rape, even though marital rape is not in general a criminal offence in the Penal Code of Sri Lanka.

  3. The Prevention of Domestic Violence Act, 2005 provides for protection orders to be urgently obtained to safeguard women and children suffering and at risk of domestic violence, and responses have been introduced that look into basic needs such as housing and safety, and the economic needs of victims

  4. If the Protection Order is not adhered the respondent can be imprisoned for contempt of court. The Respondent can be charged under section 315, 316, 317 of the Penal Code for grievous hurt and similar offences. There are provisions for the victim to obtain safe accommodation for the victim and her children.

  5. Cases Reported on Domestic Violence, Sexual Harassment and Rape (2006-2011)

  6. There are sufficient laws to curb abuse of girls and women. The problem lies with the enforcement of laws. Is there proper investigation of cases? • Is there sufficient hearing to the victim? • Is there proper counseling or other kinds of treatment for victims of abuse? • Are the law enforcement officers discharging their duties for the best interest of the society? • Have the law enforcement officers taken family disputes seriously? • Is there speedy hearing of cases? Is the time taken to hear a case in the present context acceptable and appropriate to serve justice? • Should there be more state counsel to conduct cases speedily? • Are the culprits serving full sentence? • Is the pardoning of prisoners for good behavior acceptable?

  7. Land Development Ordinance III schedule of the Ordinance

  8. Concluding observations of the Committee on CEDAW:- Discriminatory laws- preference is given to male heirs over female heirs on ownership of crown lands in the Land Development Ordinance

  9. Amendments are made to the ordinance To remove the discriminatory wordings and to include gender neutral wordings to the relevant section It is intended to promote gender equality in selecting the heirs

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