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Introduction

Domestic violence has now become a common factor which functions

effectively in all societies around the world. It is not limited to

our society, but it has extended much during the last few decades in

regard to various economic, legal, political and sociological

changes that took place during the last few decades. Domestic

violence has been in many societies from the earlier stages of the

human civilization. As an example, there were some Hindu traditions

which ordered the woman to commit suicide when her husband has

passed away. Nowadays the situation has changed and the rigidity

which was formulating the life of women has lessened.

A question may arise when considering the word “Domestic

Violence” saying whether this situation is only connected to women.

This question will be answered in the latter part of this term paper

under the topic “Remedies for domestic violence in Sri Lanka”.

The aim of this term paper is to emphasize to which extent the

process of domestic violence takes part in our Sri Lankan society.

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Our society has a belief that we are functioning in a very

traditional background as it used to be before a number of decades.

But when it comes to reality, we can see very clearly that the

society in which we are living in the present is far more different

when compared with our traditional society. As an example, we can

consider the society in which our parents lived in and the society

that we are living in the present. There is a much extended

sociological gap between their society and the present society.

Technological development has played a major role in causing this

difference. Through technology, economic development took place and

it has changed the whole world with a blink of an eye. Industrial

revolution is the best example. The point that I am trying to get at

is that the world has changed a lot and has been unleashed from the

boundaries of traditionalism. In reflection to this change, there

have been some sociological changes as well. Domestic violence can

be regarded as one of the best examples which was emerged as

consequence of these radical social changes. What is the connection

between sociological change and domestic violence? It will be

emphasized under the topic “Factors which cause domestic violence”

in the latter part of this term paper.

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From the above brief explanation, we can get into a conclusion

that the Sri Lankan society has changed much in the last few

decades. Sociological practices have changed and the needs and wants

of people have changed critically. The lives of people carries a

rather more complexity when compared to our traditional society.

These changes had led to positive as well as negative consequences.

Domestic violence is a negative consequence which was added to our

society in reflection to various social changes.

People could say that Sri Lanka society is a society which values

principles such as respect for others, respect for ethics, and

respect for humanness and so on. By considering the above qualities

of our society, anyone can argue that there is no domestic violence

in this highly ethical society. Therefore the final conclusion that

is tried to be reached through this term paper is to emphasize the

fact that Sri Lankan society has no clean hands when it comes to

domestic violence.

In the final point of this term paper it would be proved that the

Sri Lankan society is taken over by the dark consequences of

domestic violence to a very wider extent. It will not just be

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emphasized through words, but also by the use of statistics. Any

kind of development would be pointless if the society is not clean

and effective. Domestic violence is a fact which drags the society

in to corruption which would lead to significant negative

consequences to the people who are living in that particular

society. Domestic violence should not be motivated at any cause in a

country which moves along the path of sustainable development. It

should always be kept in mind that any kind of economic or political

development will be pointless if there is no development in the

society. To develop a society, family should be protected. It is

because there would be no society without a family.

Note - women are not the only party whom can be provided with

remedies in reflection to some sort of violence. Domestic violence

is common for everyone .specifically to men, women and children.

-Statistics is the main resource which is used within the

boundaries of this term paper in order to prove the question in

hand, which is domestic violence in Sri Lanka. The field research

which is extracted from a book is translated in to English and for

the basis of emphasizing and furthermore, it does not include all

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the facts which were within the parameters of the relevant research.

The data from that research is provided to satisfy the sole

objective of providing a sound knowledge about the domestic Violence

situation in Sri Lanka, Specially regarding to women.

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Woman in Our Society

Women are typically thought by most of the people as inferior

to men. In most countries where Islam is valued as a religion,

especially in Saudi Arabia, this is a common sight. Women are

formulated strictly by rigid laws and men seem to be enjoying

freedom rather than women. When it comes to Islamic people in Sri

Lanka, Women seem to be enjoying much freedom than the Arabian

women. Discrimination is always a common fact can be seen in matters

taking place between men and women. In Sri Lanka the Sinhalese seem

to be treating women in a much respectful way than it can be seen in

other societies. But it is very disappointing to say, when

considering in a wider perspective, that women in our country are

not treated very well as also as required by the ethics of the

society. Following data is provided in order to provide with a

ground knowledge regarding women and Domestic Violence.

17% of males who participated in the study reported ever

perpetrating sexual violence (including rape) against women

or girls including partners and non-partners. 60.5% of these

men were between the ages of 20-29 years when they first

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committed sexual violence. 28% were in the 15-19 age

category.

One in five (20%) ever partnered men between ages of 18-49

years reported perpetration of sexual violence against

intimate partners.

One in three in ever partnered men (36%) reported that they

had committed physical and/ or sexual violence against an

intimate partner in their lifetime.

The most common form of sexual violence was physically

forcing a partner to have sexual relations against her will.

Men’s motivation for sexual violence? 66.5% said it was

their sexual entitlement, 19.6% said it was for fun or

because they were bored and 13.4% said it was out of anger

or a form of punishment.

Men who experienced emotional, sexual or physical abuse

during childhood were 1.7 to 2 times more likely to use

violence against a female intimate partner than men who did

not experience abuse.

Under reporting of intimate partner violence – just 13% of

women who experienced IPV and 8% of women who experienced

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non- partner sexual violence reported this violence to the

police.

Two thirds of the female sample (67%), as opposed to 55% of

men also affirmed that ‘in any rape case, one would have to

question whether the victim is promiscuous or has a bad

reputation.’

Women’s attitudes reflect a deeper acceptance than men of

social and cultural attitudes that discriminate against

women. For example, 58% of women, compared to 41% of men,

believed that a woman should tolerate violence in order keep

the family together.

Sri Lankan men and rape: What the Sri Lankan media missed

By Soleil Noir On 09/26/2013

The above extracted data provides a ground view about what

Sri Lankan women are now experiencing. By referring to these data

collected by the use of a study it is clear that women in our

country are not treated as well as they supposed to. Women are

also carrying a degree of guilt by not standing against domestic

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violence. The above facts indicate that women have an idea of

tolerating violence done by their husbands. This is like letting

injustice flow over justice. Men nowadays tend to be more

aggressive in nature. It’s a common fact when it comes to women

as well, but it should be noted that men are acting more

aggressively than women in the current context of our society. It

may be because of the stress that they are in the workplace or

some other factors, but it should be noted that the consequences

of this violent behaviour could be very effective to the society.

The reason for the above statement is that the process of

socialization is mainly done through the family to the new

members of the society. It is said in the provided data that men

who were abused as children are more fond of doing violence to

their spouses. This simply can be regarded as a negative

consequence of not facilitating the process of socialization

effectively is a positive manner. A child who experiences his or

her mother being hurt by their father will not have a polite mind

as other children whose mothers are treated in a better way by

their fathers.

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Furthermore, child abuse is also taking place in our country

in a progressive pace. This is also going to affect the society

in a negative way as it would lead the future generation of the

society to a wrong and an aggressive path. Under the topic

“Remedies for domestic violence in Sri Lanka”, there would be a

critical illustration about the Domestic Violence Act. This was

the remedy which was passed by the parliament of Sri Lanka in

year 2005 as a remedy to prevent domestic violence. It should be

noted that most women tend to avoid reporting violence done by

their husbands. The data given above proves it. Avoiding violence

is done for the purpose of keeping up their family but they

should be informed well about the consequences by respective

authorities.

In the earlier ages of our society, women were not allowed

to do complex things as men did. Their task was to handle issues

within the parameters of their houses and look after their

children and husband. Involvement in cultivation and other

economic activities were not expected from women. Economic sector

of the family was handled by the husband. From the childhood,

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females in our society were taught to be more polite and provide

respect to their husbands and to keep up to things which are done

within their residence. Men had always enjoyed freedom way more

than women in our society. Nowadays the situation has changed due

to the complexity in living patterns and also complexity in

necessities. Women can be seen as managers, lawyers and

entrepreneurs and so on in the current context of our society.

But, it should be noted that most of the women still play the

role of a house wife to the betterment of their family. These

women are the parties who most frequently get attacked by their

husbands as a consequence of their economic dependency and the

belief in the notion of gender superiority.

The final conclusion that can be made about women in our society

in regard to the facts above can be presented as follows.

Most women still plays their role as house wives.

They are more attached to their family and do not tend to

play the economic role unless otherwise required by their

husbands.

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They tend to bear up the violence caused by their husbands’

for the sake of their families.

Some women tend to involve in economic activities.

Most women still believe in gender superiority.

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What is Domestic Violence

Following are some definitions which are extracted from some

sources including the Domestic Violence Act of Sri Lanka

regarding domestic violence.

“Domestic violence and emotional abuse are behaviors used by

one person in a relationship to control the other”

“A pattern of abusive behavior in any relationship that is

used by one partner to gain or maintain power and control

over another intimate partner”

“Any incident of threatening behaviour, violence or abuse

(psychological, physical, sexual, financial or emotional)

between adults who are or have been intimate partners or

family members, regardless of gender or sexuality.”

Definition indicated in the Domestic Violence Act, No.34 of 2005

An act which constitutes an offence contained in Chapter XVI

of the Penal Code (which contains offences against the human

body), extortion (section 372 of the Penal Code), criminal

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intimidation (section 483 of the Penal Code) and attempt to

commit any of the said offences (Included in schedule NO.1)

any emotional abuse (which means a pattern of cruel,

inhuman, degrading or humiliating conduct of a serious

nature directed towards an aggrieved person); unless the

context otherwise requires .

These definitions will provide a ground knowledge

regarding domestic violence. Domestic violence does not

confine itself within the parameters of physical abuses. It

includes psychological abuses as well, which is significant.

As an example, if a husband tends to scold at his wife

publically in an abusive manner, it can be regarded as a

charge which is punishable under the Domestic Violence Act

in Sri Lanka. A wider extent of harassment and abuses are

covered by the sphere of Domestic Violence in Sri Lanka. The

reason for the existence of domestic violence in our country

is not solely a fault of our judicial system; a part of the

fault is also carried by the victims who suffer from

domestic violence. This fact was affirmed by the data which

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were provided within the context of the foresaid

illustration.

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Factors which Cause Domestic Violence

Sources are from Actnow.com

There are many factors which lead to domestic violence. Few examples

are indicated in the above graph.

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Economic factors – Economic function is a very significant

function of the family. Economic activities are also a

function of kinship as well. Without a firm economy it is hard

for a family to carry on its functions which would therefore

lead to unforeseen circumstances. Illustrations are made below

to determine how economic factors have a direct relationship

with domestic violence.

o Limited access to financial assets

Finance means cash in hand and other assets that can be sold

plus loans received from various parties. Transactions are purely

based on these finances and without a firm finance plan it would

be difficult for a family to have a balanced pattern of living.

As indicated in the beginning of the term paper, women are not

required to work and gather finance to their families. They

usually carry liabilities which are within the boundaries if

their residence. Because of this reason they do not tend to

occupy themselves in outside entities and usually limit

themselves to their liabilities regarding their children, husband

and relatives.

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When the main economic source, simply the husband, is in a

financial crisis or not being financially strong enough to manage

his family, due to stress or some other psychological condition,

the husband could tend to attack his wife as well as his

children. This is where the domestic violence stands tall. Most

probably this is the way in which violence come in to play when

the husband is unable to get access in to enough financial assets

to maintain the family. This is the main fact in which carries a

greater tendency in leading the husband to cause violence over

his wife. Most of the domestic violence cases which are

adjudicated in our courts are taken in to court as a result of

violence which was caused in regard to the less strong economic

environment of the family.

o Less opportunity of education and employment for women

In the early ages of our society women were not motivated to

educate themselves. Men were always motivated to study and employ

themselves whereas most of the women were arranged to be married

at a really young age. Their role was completely limited to the

family. This practice can frequently be seen in the present as

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well in rural areas. Fewer qualifications in education will

prevent women from being employed under present business entities

and therefore she would be vulnerable if the husband tends to

treat her in an unacceptable way.

Furthermore there is a belief saying that women cannot work

as much effectively as men. In some instances it may be true, but

not always. Making this common belief as a weapon, most of the

entities tend to prefer male workers than female workers. Because

of these reasons, married women most of the times get affected as

they would not be able to contribute to the family economy where

the husband is in financial trouble. Sometimes the husband would

attack his spouse violently making their incapability of economic

assistance as an excuse.

o Economic dependence of women to their husbands

As explained in the previous points, most of the wives in

our society are purely dependant on their husbands. As they are

unable to play the role of economic function they will be under

the full control of their husbands. Even though they are ill-

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treated by their husbands they would have no alternative than

bearing up the acts of their husbands.

Because of this reason many of the women in our country are

forced to face violent experiences for no valid reason. Most

women are vulnerable in the hands of their husbands as a

consequence of their inability to play a role in the economic

function of the family.

A slight change of this situation can be seen in rural areas,

but when it comes to urban areas, it is uplifting to see women

being permitted and motivated to reach their goals economically

and also sociologically.

Legal factors – Legal facts are also carrying a significant

effect on domestic violence. Even though remedies are

provided, there are some loopholes in those remedies which

would act in favor of men and against women. Following

illustrations can e regarded as examples.

o Discrimination against women when carrying out legal

procedures

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In the Sri Lankan legal system it cannot be seen often. But

when it comes to Islamic Law, this can be seen clearly. When it

comes to divorce, discrimination is a common fact that can be

seen in the Islamic legal system. Men are always given priority

when it comes to disputes within men and women. Everyone should

be equal before justice and sadly, it is not happening in reality

when it comes to matters between men and women.

o Lower knowledge regarding legal reliefs

From the year 2005 onwards the Domestic Violence Act is

acting as a part of the general legal system of Sri Lanka. Law is

a subject which is absorbed and examined by a very low proportion

of our society. Most of the people in our society believe that

law is a very complex subject and also its procedures. Because of

this reason people tend to avoid going to the court to seek

justice. Furthermore due to the due process valued by the court ,

people tend to avoid going in to courts as the decision would

take a great deal of time and also it would be very expensive

when it comes to the payments that are made to the lawyers by the

respective parties.

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Low degree of interest in law and also wrong assumptions

valued by the society regarding law has become a key factor which

leads the society to corruption. The situation is the same when

it comes to domestic violence. Most of the people who are in a

need of assistance to avoid themselves from facing violence do

not know that there is a legal remedy, which is the Domestic

Violence Act.

An assumption can be made saying that domestic violence has

increased significantly throughout the last 8 year because of

this reason. Statistics indicate that domestic violence has

increased from 60% to 80% in the year 2012. Less knowledge about

the law is unacceptable in a society which is under critical

changes. Women who suffer from domestic violence who does not

know that there is a well organized legislation which provides

them effective remedies can be regarded as an example for who

suffer due to unawareness of law.

o Questionable legal definitions

This is a loophole in the legal systems. A critical analysis of

this would lead this term paper away from its purpose. Simply,

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what is meant by this fact is that some definitions provided in

legislative enactments tend to be rather unclear when compared

with reality. As an example, people who we do not consider as

employers in reality are regarded as employers in some of the

legislative enactments. How could this effect domestic violence?

Definitions are provided for certain crimes in our legal

resources. Even though some acts are regarded as crimes by the

society, the codes sometimes will not regard the certain act as a

crime. The best example is that there was no law before 2005

which had the aim of protecting people who were under the shadow

of domestic violence. It was from 2005 onwards that the courts

were able to regard domestic violence as a punishable crime.

Loopholes such as the above will always lead an innocent party

to be affected with adverse consequences. Domestic violence was

one of the sects in which led many people, especially women and

children, to unavoidable adverse consequences because there was

no remedy for them by legislation.

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Cultural Facts - Culture is a universal phenomenon. It is a

factor which is deeply embedded in the society. People live

their lives valuing certain cultural aspects in accordance

with the culture of the society. Culture plays a huge role

when it comes to marriage and customs regarding marriage.

o Various customs affiliated with marriage

The best example for this is the dowry. Dowry in Sri Lankan

society can be defined as things (assets such as land, houses,

vehicles, money) which are given to the groom by the married

woman’s parents. Dowry is expected usually by the groom’s side.

Dowry is very important as it sometimes act as a factor which

decides the happening of marriage. Some marriages tend to be

called off because of issues arisen regarding the dowry.

o Cultural guidance regarding gender role

Culture guides people to live in accordance with the

principles valued by the society. Sri Lankan culture guide women

to be polite and live as required by their husbands. From the

earlier stages of our society, women were taught to be inferior

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to men. Their roles were not as much as complex as men and they

were provided with fewer liabilities to satisfy. Because of this

reason, women were forced to have an understanding emphasizing

that they are inferior to their husbands and had no right to

stand against him. This fact has contributed to the emergence of

domestic violence.

o Acceptance of violence as a remedy for domestic disputes

As indicated in the beginning of this term paper, some women

believe that they should tolerate domestic violence. This proves

that some women in our society accept violence as remedies to

disputes arise within their personal lives. This belief is like

valuing crimes. This is one of the main reasons why most of the

domestic violence cases tend to be unreported.

Political Factors – Politics is the way in which policies are

made. Politically motivated factors have a close affiliation

after the enactment which came in to power in year 2005

regarding domestic violence.

o Treating domestic violence as a simple issue

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Domestic violence was not provided with remedies by the

legislature of our country till 2005. Even though domestic

violence carried negative consequences which would affect

negatively in the future, there was no attempt by the local

legislature to take actions to prevent them from happening. This

could be a reason which has directly guided domestic violence to

the position as it is in the current context of our society.

o Treating family as a unit independent from the state

Family is something which does not accept interference from

outsiders. This is a common belief that is embedded in most of

the members in our society. This is proven by the fact that there

was no law which facilitated remedies against domestic violence.

o Risk of making contradictions between religion and law

This fact is important when we consider Muslims who value

Islamic principles. The legislature does not appoint laws which

are contradictory with the common customs used by the society.

Because of this reason, the legislature usually stays away from

the religious and other issues which are specifically personal to

a certain party of the society. This may also be a reason why it

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took more than 30 years for the local legislature to appoint a

law intending to control domestic violence since earning full

independence from the British Empire.

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Field Research (“Prachandathwaya saha vivahika kanthawa” by NirashaSubashini Kumarasene)

In the book “Prachandathwaya saha vivahika kanthawa”, a research

has been done by the author in order to verify how women are

forced to face violent experiences, usually caused by their

husbands. The research was done targeting twenty families in the

village called as Rankeththanne. According to the authors view,

following can be presented as reasons for the occurrence of

domestic violence.

Frequent usage of alcohol by the husband.

Economic problems.

Dependence on the husband.

Not having children.

Having illicit affairs and adultery.

Almost all of the facts above were discussed in detail in the

earlier part of the paper under the topic “Factors which cause

domestic violence”. When conducting the research, the author had

focused on the following areas.

1) Monthly income of the family.

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2) The education qualifications of the husband and wife.

3) The character of the ownership of their residence.

4) The proportion in which the married woman faces violence.

5) Character of the violence in which the woman had to face.

6) The commencement of violence within the family towards the

woman.

7) From whom do the women get oppressed?

8) Time period in which women are frequently oppressed.

9) Reactions by the women who is being oppressed.

10) Usage of alcohol by the husband.

11) Families with and without children

12) The existence of the marriages.

13) Employment of women. .

The reason for the use of these data is to provide a critical

view about the facts in which make women are forced to face

domestic violence. The reasons indicated above can be analyzed as

follows.

1) Monthly income of the family

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Monthly Income Number of Families Percentage (%)

0 – 5000

5001 – 10000

10001 – 15000

15001 – 20000

20001 - 25000

11

4

3

0

2

55

20

15

0

10

Income, this is one of the most important needs that a family

has. This research was done in the year 2007. Having an average

inflation rate of 15%, it is clear that the above income levels

would not be sufficient enough to handle family activities and

necessities. 55% of the families are within the rate of 0 – 5000.

It is typical to see domestic violence happening within families

with such a low income due to stress and instability. Economic

factor is a main function of kinship, therefore a main function

of family as well. If there is no sound economic stability within

the family it would be difficult to manage the activities which

are essential to the existence and development of the unit of

family. By use of the above data, a conclusion can be made that a

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majority of the families are far below the par amount of

financial income which is significant to manage the daily

activities of the family.

2) Education qualifications of the husband and wife

Education

level

Number of

husbands

Percentage

%

Number of

wives

Percentage

%

Primary

Secondary

Ordinary

Level

Advanced

Level

Total

3

5

10

2

20

15

25

50

10

100

2

5

7

6

20

10

25

35

30

100

By the use of the above data a conclusion can be made that

similar to the income level, the level of education is also in an

unsatisfactory position. Lower education most of the time

deviates a person from the way that he or she should live.

Education is not only involved with providing knowledge from

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books, it also provides how to behave as an accepted person in

the society. As an example, we can take “how to handle disputes”.

These kinds of experiences are gathered in a school environment

and it will make the student ready to face similar situations

when he or she is open to the society.

According to my view, this should be a main reason for the

existence of domestic violence in Sri Lanka. But, it should also

be noted that people with high educational qualifications also

involves in various domestic disputes which sometimes end up in

court. Education is essential to every person. A person without a

proper education can be compared to a house without a roof. Life

experience is gained through living in a certain society as an

active member. But it should be noted that education is the

process in which that provides the root or foundation to a

person’s ability to adopt and change in regard to the conditions

in the environment in which he or she chooses to live in. Most of

the time, incapability to change in regard to the changes that

take place in the environment, can be social environment or

economical environment, leads to domestic disputes. Therefore it

is clear that education will certainly be a light which prevents

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family members from getting themselves under the shade of

domestic violence.

3) The character of the ownership of their residence.

House Holding Number of families Percentage %

Own residence

Husbands’ parents

house

Wife’s’ parents

house

16

2

2

80

10

10

Total 20 100

Even though 80% live in their own residences, according to the

research, most of the families were not living in complete

residences. It is said that some of the houses did not even have

a kitchen. Only temporary kitchens were there in some houses. The

houses in which the monthly income was more than 25000 Rs were

properly organized and structured. House is the place where

people consider as the one place which provides them the

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environment to be relaxed. But if it does not seems to be

providing that environment, conflicts may arise between parties

within it even the reasons are not clear. It is a psychological

fact that most people refuses to live in a messy environment. As

an example, a husband who spends his day at work and travel home

by bus will expect to deviate himself from the busy environment

that has has worked in from the point he arrives at his

residence. But is the residence is not different from the work

place, the stress which is caused would mislead the husband to

behave in an violent manner. Therefore this fact is also carries

a significant importance in regard to domestic violence.

4) The proportion in which the married woman faces violence.

Condition Number of women Percentage %

Being oppressed 18 90

Not being oppressed 2 10

Total 20 100

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According to the research 90% of the women in these twenty

families are oppressed by husbands and 10% from these women

also suffers from violence done by their mother- in- laws. This

affirms the data provided regarding domestic violence earlier

within the scope of this paper. It said that in year 2007,

domestic violence rate was approximately 60%. Here in this

research it is 90%. Therefore, it gives a ground view about the

domestic violence which takes place around the country as a

whole. The scope of the research will not be enough to give a

direct view regarding domestic violence in Sri Lanka. But the

data will be very important to get a ground knowledge regarding

the question in hand. Furthermore, The research will also

affirm the overall results calculated by the government

authorities regarding domestic violence throughout the years.

5) Character of the violence in which the woman had to face.

Type of oppressing Number of women Percentage %

psychological

Psychological and

physical

2

12

10

60

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Psychological,

physical ,sexual

None

4

2

20

10

Total 20 100

Psychological oppression tends to carry a very low

proportion when compared with the other oppresses. They include

situations such as verbal abuse and ignorance. Psychological

and physical abuse carries the highest percentage. The reason

for this is that when someone is harmed physically,

psychological effects will grow within the person who was

attacked. Examples for this are repenting and disappointing

about the past.

Sexual abuse cannot be accepted when it comes to the family

unit. As it was indicated in the previous part of the term

paper, some husbands do sexual abuses to their wives simply for

fun and because of stress in some instances. These activities

which would be part of the daily experience of children will

affect adversely in the future to the society.

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6) The commencement of violence within the family towards the

woman.

Time Period Number of women Percentage %

Within a year

After a year

After few years

None

6

10

2

2

30

50

10

10

Total 20 100

30% of the women had stated experiencing violence after a

year from their marriage. Out of these twenty marriages twelve of

them happened as a result of love affairs and the rest were

arranged marriages. Nowadays both women and men have the

opportunity to build up relationships between them as a result of

radical changes of the society. We can consider employment

patterns and educational development as examples. Arranged

marriages were dominant in earlier societies but when we consider

the data, it is clear that arranged marriages tend to be lower

than love affairs. The main reason for this difference could be

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the problems arose in reflection to dowry and other traditional

elements of a marriage.

Eleven families out of the twelve families which were indicated

as love marriages tend to account domestic violence against women

and seven out of eight families which were arranged marriages

tend to cause domestic violence upon women. Reasons for this

situation can be the difference between cast, ignorance done by

parents, husband being a drunkard and husband being unemployed

and so on.

7) From whom do the women get oppressed?

From whom does the

women get oppressed

Quantity Percentage

By the husband

By the husband and his

mother

None

16

2

2

80

10

10

Total 20 100

P a g e | 39

The dominant situation is where the violence is caused by the

husband. This has happened usually as a result of the development

of the concept “Nuclear family”. Because many of the families

limit themselves to a nuclear family, there is less probability

in a married woman being punished by her mother –in –law. Mother

– in – law was a part which played a major role within the

extended family. Frequent disputes arose between mother – in –law

and daughter –in-law for various reasons or for some reasons

unclear within the context of the extended family, unlike in a

nuclear family. Due to complexity of economic facts, this

situation has changed radically and above statistics proves it.

The nuclear nature of the family unit has limited its scope

within a lesser number of members contrary to the situation which

was there before few decades regarding the number of members in

the family. This has adverse as well as favorable effects. Decay

of mother – in – law and daughter - in – law disputes is a

favorable fact.

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8) Time period in which women are frequently oppressed.

Time period Number of women Percentage

Unclear

In the season of

cultivation

None

10

8

2

50

40

10

Total 20 100

The purpose of adding this table into the term paper was to

prove the fact that working place stress has something to do

directly with domestic violence. By referring to the data

provided in the above table it is clear that many domestic

disputes take place in cultivating periods. It is true that 50%

of the disputes take place for various reasons at various times.

But a conclusion can be made saying that work place stress

clearly carry a more independent effect on domestic violence.

9) Reactions by the women who is being oppressed.

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Reactions Number of women Percentage %

Scold at the husband

Hitting the husband

Cry until the pain

fades away

none

10

1

7

2

50

5

35

10

Total 20 100

The above data shows that most of the women are unable to

handle the situation and make her husband understand that what

he is doing is not right. Eleven out of the twenty women use an

aggressive approach when solving disputes. Aggressive

approaches carry a higher degree of effects to the female party

as there could be a direct physical or sexual attack against

her by the hands of her husband.

Even though crying can be regarded as a weak way to take

over problems, it may be a very smart decision to be made by

any party at certain situations. Especially in the presence of

children, as respective parents it is better to be patient and

P a g e | 42

try to solve disputes by using the brain. If not, it is better

to be silent when the other half of the spouses does not try to

quit being aggressive.

10) Usage of alcohol by the husband.

Usage of Alcohol Number of husbands Percentage %

Only liquor

Liquor and drugs

(Dope)

None

13

2

5

65

10

25

Total 20 100

One of the main facts which lead the society to the shadow of

corruption is alcohol and other drugs. One who uses these more

than the limit will usually end up on the road or else hitting

his wife and children. Sri Lanka is among the first five

countries where the most liquor consumption rate lies and this is

a sign of a corrupted society.

P a g e | 43

Most of the domestic quarrels take place in reflection to the

practice of getting drunk by the husband. These include types of

violence such as beatings, usage of bad words, throwing items and

so on. Above data also shows that Sri Lanka is negatively

impacted to the maximum extent by alcoholism and therefore it has

motivated domestic violence which sometimes caused as a direct

consequence of alcoholism.

11) Families with and without children

Having children or

not

Number of families Percentage %

With children

Without children

18

2

90

10

Total 20 100

In the two families which doesn’t have children, women have

been ignored, been forced to live in isolation and furthermore,

they are not provided with better food (according to the

information of the research). Beatings tend to be common within

these two families and other 18 families tend to be much better.

P a g e | 44

Reproduction is a key role of kinship/family. Being unable to

accomplish this function will have more complex consequences than

being unable to maintain economic stability or any other

function. This fact, most of the time leads to disappointment and

it will affect the female party in an adverse manner. Children

most of the time act as a key factor which formulates the

stability of the family. Even though certain differences come up

between mother and father, they would not take quick decisions

regarding their marriage if there are any children. Parents would

also think twice about their actions when there are children

around them which therefore, would prevent violence to a certain

extent.

12) The existence of the marriages.

Families with

and without

disputes

Number of

families

Percentage % Existence of

the family

Families with

children and

16 80 Secured

P a g e | 45

with disputes

Families

without

children and

with disputes

With children

and without

disputes

2

2

10

10

Unsecured

secured

Total 20 100

-

Existence of marriages directly depends on children. Even

disputes arise within a family, those will not lead to a divorce

or any other kind of separation because of the children as it can

be clearly seen in the above data, even though there are disputes

within the family, the existence is secured in the families with

children. In the families which do not have children, the

situation is vice versa.

P a g e | 46

It is a better development to see that even though there are

disputes, families with children tend to hold the unity of the

family. This assures that children can act as a major fact which

prevents family units from falling apart. Furthermore, it

enshrines the reproduction function of the kinship.

13) Employment of women.

Employment of women Quantity Percentage%

Who earns an income

Women who help their

husbands

None

2

15

3

10

75

15

Total 20 100

Economic dependence has become a key factor which lead

families to suffer from domestic violence. Women are most of

the time not employed due to various social and cultural

reasons. As discussed above in the starting areas of this paper

it is clear that economic dependence leads to domestic violence

P a g e | 47

most frequently. Lower economic stability of a woman makes her

vulnerable most of the time to her husband. Most of the time,

the female spouse will not have any kind of economic assistance

from any other party other than her husband. Because of this

reason when a husband tend to act in an unacceptable way, wives

will have no choice but to face the violence caused by the

husband for her own sake.

But it is very satisfactory to see in a majority of the

selected families; women tend to support their husbands in

various ways without letting their husbands solely handle the

complex economic function.

The data provided through the research was indicated within

this paper in order to prove the facts which were indicated

under the topic “Factors which causes domestic violence”. The

data in the above graphs affirms the facts which were indicated

under the foresaid topic. Domestic violence is a fact which

comes up in reflection to a bulk of reasons. And the above

research affirms it clearly.

P a g e | 48

P a g e | 49

Remedies for Domestic Violence in Sri Lanka

The remedy which was taken in to effect to prevent domestic

violence was the Domestic Violence Act; No.34 Of 2005.Following

are some of the important facts which came up after with the

enactment of this act.

The Prevention of Domestic Violence act addresses domestic

violence and provides with civil remedies.

The act itself provides the person who is affected by

domestic violence (aggrieved person) with protection by

means of Interim Protection Order or a Protection Order.

The person who is affected by domestic violence is

introduced as an “Aggrieved Person” in order to avoid

treating them as same as other victims.

Certain ways of domestic violence can also be a part of

general criminal offences under the penal code such as hurt,

offences against human body and grievous sexual abuse.

Sources are from ActNow.Com

P a g e | 50

What are the parties who can be accused under the provisions of

this act?

A spouse , An ex-spouse, A cohabiting partner, A parent,

Spouse or former spouse or cohabiting partner, Father, Mother,

Grandfather, Grandmother, Stepmother, Step son, Step daughter,

The child of a brother or sister, The child of brother or sister

or parent.

Prevention of Domestic Violence Act

Who can file a suit under the Prevention of Domestic Violence

Act?

Section 2 of the act indicates 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.

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Accordingly, men, women and children alike are allowed to enjoy

the protections guaranteed in the Act, if they can establish a

domestic relationship between the parties.

Prevention of Domestic Violence Act

There are 2 important remedies which were provided by the act

itself. They are as follows.

1. Interim Protection Order

2. Protection order

Interim Protection Order

Following are key points which should be considered when it comes

to the issue of an Interim Protection Order.

An Interim Protection order is a Temporary order which

prohibits the person who has caused the violence from

committing any further violence.

It will be in force until it is removed or until a

Protection Order is issued.

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Interim Protection Order can prohibit the respondent or

perpetrator from entering the home, workplace, or school of

the person to whom the violence was caused.

staying in the shared home; contacting or attempting to

contact or following the person against whom the violence

was caused; harming relatives, friends, the social worker or

medical officer who is helping the person against whom the

violence was caused and selling the matrimonial home.

The Court can appoint a social worker, family counselor,

probation officer, family health worker or a child rights

promotion officer to ensure the immediate safety of the

person who is subject to violence.

Protection Order

Following can be regarded as important points which should be

examined when it comes to the issue of a Protection Order.

After the inquiry into the application is completed, if the

court is satisfied that it is necessary to do so it will

issue a Protection Order

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The Protection Order prohibits the perpetrator from

committing or getting anyone else to commit any act of

domestic violence.

The Protection Order will remain in force up to twelve (12)

months. But it can be changed or removed when both parties

apply to do so and the Court is satisfied that the

application has been made freely and that the situation has

changed.

What can be done if the perpetrator breaches the Interim

Protection Order / Protection order?

Report it to the police immediately.

It helps if there are witnesses to support your claim.

Prevention of Domestic Violence Act

What are the punishments for breaking an Interim order?

The Interim/Protection Order is a ‘court order’, and

therefore if the perpetrator breaks or disobeys this

‘order’, it is a criminal offence.

P a g e | 54

The court may order a fine not exceeding ten thousand rupees

(10,000) to be paid by the perpetrator and / or imprisonment

not exceeding one year.

Prevention of Domestic Violence Act

The above brief explanation provides a ground knowledge regarding

some important provisions facilitated through the Prevention of

Domestic Violence Act. When going through the act itself, there

seems to be some facts that should be added into the act in order

to facilitate the purpose of the act more effectively. (Following

are not stated in official documents, they are opinions)

1. Rigid laws should be enforced regarding Alcohol and tobacco

products.

2. The officers who are responsible of examining domestic

disputes should be examined more effectively.

3. It would be better to appoint a separate family court in

every district to handle these domestic disputes.

P a g e | 55

4. A mechanism should be introduced to make relevant family

officers to work with responsibility or else they would be

subject to punishments.

5. Divorce law should be expanded. Malicious desertion,

impotency and adultery do not cover all the grounds which

lead to a divorce.

Domestic violence then and now

Before 2005, domestic violence was not regarded as a crime.

After the act was passed, it was recognized as a punishable

crime.

According to UN Rapporteur’s report, more than 60% of the

women in Sri Lanka are subject to some sort of domestic

violence.

The police women and children's desks have received 90,000

complaints of domestic disputes in the year 2008.

Until the enactment was passed, domestic violence was acting

like a invisible phenomenon in Sri Lanka.

EDITORIAL (Daily News, Thursday, November 7th, 2013)

P a g e | 56

“According to figures given in Parliament in April this

year, There were 1750 cases of child rape,330 cases of

rape,5475 cases of child molestation and 1194 cases of child

abuse in 2012.”

“It is believed that woman is raped every 90 minutes, and 3-

5 children are raped daily.”

“The report to Parliament also revealed that domestic

violence which was at 60% in 2011 has increased to about 80%

this year.”

“It is also revealed that Sri Lanka is fifth among the

countries that have the highest rate of domestic violence”

P a g e | 57

Conclusion

The statistics provided throughout this term paper sometimes

can be thought as hard to believe. Unfortunately, they are all

correct and precise. Sri Lanka is known as a very ethical and a

simple society which values kinship and respect critically. But

when we refer through the foresaid statistics in the term paper,

a question may arise whether we are experiencing the same simple

ways of a traditional Sri Lankan society. Sri Lanka is placed

fifth among the countries where the highest domestic violence

rate exists. This shows indirectly how much the society that we

are living in has changed in a negative direction. Furthermore,

child abuses and rapes have increased in a faster pace and this

could certainly have a direct effect from domestic violence.

As it was indicated in the earlier parts of the paper, a

child who experiences domestic violence from his or her childhood

will certainly carry a significant degree of corrupted thoughts

and beliefs in their minds. They may carry extrinsic or unusual

thoughts among the society and also themselves. Having this king

P a g e | 58

of a mentality certainly leads to do some socially unaccepted

things, as examples we can consider rape and abuse.

Family is the place where a child is socialized in

accordance with the ways of the society. If the socialization

process will not be done as it should be, the society will turn

into a corrupted entity. We can experience this in the present

Sri Lankan society and the statistics proves it clearly. A social

situation like this cannot be accepted in a country where people

believe as the wonder of Asia. The government should focus more

on social stability in order to protect the society from being

corrupted. Otherwise, capital development will not have any value

because at the end, there would be no better development within

the minds of the members of the society that can make the capital

development productive. Any development will be pointless if the

society has no psychological development which suits with the

normal human behaviour.

Family always was and always will be the most important

entity which would decide the existence of the society.

Therefore, it should be a prime duty of every government to

P a g e | 59

appoint laws that would protect the wellbeing of this unit. After

2005, a law is there which was passed by the parliament of the

Democratic Socialist Republic of Sri Lanka and there is a

question whether that law is functioning as it was expected.

There are two reasons why the rate of domestic violence has

raised even though there is a well organized law.

1. Women not reporting violent behaviour of their husbands

2. Less examination done by the government entities regarding

this matter

Law needs the assistance of both the government and people to

function effectively .Therefore, both parties should consider

this fact and should make a rightful effort in making the society

a better place. There is too much domestic violence in Sri Lanka

at the present time and it should be reduced immediately by the

use of equal efforts of both the government and people in order

to reach the best place of economic, political and most

importantly sociological development.