The Domestic Violence Act: Seven Years On
On 9th August in 2005, the Sri Lankan parliament unanimously passed the Prevention of Domestic Violence Act (PDVA).
The Act does not create a new offence of ‘domestic violence’ but instead defines domestic violence, firstly, as acts of physical violence, which constitute only those offences already recognized under Chapter XVI of the Penal Code. Secondly it recognizes emotional abuse - defined as a pattern of cruel, inhuman, degrading or humiliating conduct of a serious nature directed towards an aggrieved person. The PDVA allows ‘any person’ who suffers or is likely to suffer such violence to seek a protection from a Magistrate’s Court, which is empowered to summarily issue an Interim Protection Order valid for 14 days. A Protection Order, valid for 12 months, barring the aggressor from committing further acts of violence and entering the victim’s residence, among other things, can then be sought on the basis of evidence. In imposing such conditions, the court is required to balance the needs of the victim and children (including their accommodation needs) and any hardship that may be caused to the aggressor. The Act focuses on ensuring the safety of the victim by providing a civil remedy even while preserving her right to initiate separate civil or criminal action as permissible.
