DRAFT AMENDMENT BILL FOR PREVENTION OF DOMESTIC VIOLENCE ACT,

NO. 34 OF 2005

1. Definitions
a. "Child" means any person below the age of eighteen years and includes any adopted, step
or foster child
b. “Electronic monitoring requirement”
c. “enforcement officer” means a police officer or a social welfare officer;
d. “police officer” has the same meaning assigned to it in the Police Ordinance No. 16 of
1865
e. “Safe place” means any shelter, home or institution maintained or managed by the
Ministry or Department responsible for welfare services or by any other agency or
voluntary organization approved by the Minister for the purposes of this Act;
f. “shelter” means any home, institution or any other suitable place of which the occupier or
owner is willing to receive a victim temporarily;
g. Definition of domestic violence in SL DVA isn’t enough and

the meaning and scope of DV should be broadened to include economic violence, marital rape
and sexual abuse between spouses.

should include the following:

For the purposes of this Act, any act, omission or commission or conduct of the respondent shall
constitute domestic violence in case it--

(a) harms or injures or endangers the health, safety, life, limb or well-being, whether mental or
physical, of the aggrieved person or tends to do so and includes causing physical abuse, sexual
abuse, verbal and emotional abuse and economic abuse; or

(b) harasses, harms, injures or endangers the aggrieved person with a view to coerce her or any
other person related to her to meet any unlawful demand for any dowry or other property or
valuable security; or

(c) has the effect of threatening the aggrieved person or any person related to her by any conduct
mentioned in clause (a) or clause (b); or

(d) otherwise injures or causes harm, whether physical or mental, to the aggrieved person.
Explanation I.--For the purposes of this section,--

(i) "physical abuse" means any act or conduct which is of such a nature as to cause bodily pain,
harm, or danger to life, limb, or health or impair the health or development of the aggrieved
person and includes assault, criminal intimidation and criminal force;

(ii) "sexual abuse" includes any conduct of a sexual nature that abuses, humiliates, degrades or
otherwise violates the dignity of woman;

(iii) "verbal and emotional abuse" includes--

(a) insults, ridicule, humiliation, name calling and insults or ridicule specially with regard to not
having a child or a male child; and

(b) repeated threats to cause physical pain to any person in whom the aggrieved person is
interested;

(iv) "economic abuse" includes--

(a) deprivation of all or any economic or financial resources to which the aggrieved person is
entitled under any law or custom whether payable under an order of a court or otherwise or
which the aggrieved person requires out of necessity including, but not limited to, house hold
necessities for the aggrieved person and her children, if any, stridhan, property, jointly or
separately owned by the aggrieved person, payment of rental related to the shared house hold and
maintenance;

(b) disposal of household effects, any alienation of assets whether movable or immovable,
valuables, shares, securities, bonds and the like or other property in which the aggrieved person
has an interest or is entitled to use by virtue of the domestic relationship or which may be
reasonably required by the aggrieved person or her children or her stridhan or any other property
jointly or separately held by the aggrieved person; and

(c) prohibition or restriction to continued access to resources or facilities which the aggrieved
person is entitled to use or enjoy by virtue of the domestic relationship including access to the
shared household.
 Explanation II.--For the purpose of determining whether any act, omission, commission
or conduct of the respondent constitutes "domestic violence" under this section, the overall facts
and circumstances of the case shall be taken into consideration.

Xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

“domestic violence” means the commission of one or more of the following acts: (a) wilfully or
knowingly placing, or attempting to place, the victim in fear of physical injury; (b) causing physical injury
to the victim by such act which is known or ought to have been known would result in physical injury; (c)
compelling the victim by force or threat to engage in any conduct or act, sexual or otherwise, from
which the victim has a right to abstain; (d) confining or detaining the victim against the victim’s will; (e)
causing mischief or destruction or damage to property with intent to cause or knowing that it is likely to
cause distress or annoyance to the victim; (f) causing psychological abuse which includes emotional
injury to the victim; (g) causing the victim to suffer delusions by using any intoxicating substance or any
other substance without the victim’s consent or if the consent is given, the consent was unlawfully
obtained; or (f) (g) Domestic Violence 7 (h) in the case where the victim is a child, causing the victim to
suffer delusions by using any intoxicating substance or any other substance, by a person, whether by
himself or through a third party, against― (i) his or her spouse; (ii) his or her former spouse; (iii)a child;
(iv)an incapacitated adult; or (v) any other member of the family;

2. Powers and duties of protection officers, service providers, etc.

3. Procedure for obtaining orders of reliefs- Implementation of the interim order by court
and penalty for breach

4. ELECTRONIC MONITORING OF PROTECTION ORDERS

(1) This section applies if the court makes a protection order to restrain X from committing DV
against Y.

(2) The court may make a domestic abuse protection order requiring X to submit to electronic
monitoring in Sri Lanka of X’s compliance with one or more prescribed electronic
monitoring arrangements if the court is satisfied, on a balance of probability, that the order is
necessary for the protection or personal safety of Y.
(3) In this part a requirement imposed by virtue of this subsection is referred to as an “electronic
monitoring requirement”.

(4) If the court makes an electronic monitoring order against X, the court may also direct a
prescribed person to put in place one or more prescribed electronic monitoring arrangements
to secure the electronic monitoring of X’s whereabouts.

(5) An electronic monitoring order and directions under above section may only be made on an
application by a protector.

(6) Subparts of this section apply for the purpose of determining whether a court may impose an
electronic monitoring requirement on a person (“X”) in a domestic abuse protection order.

a. The requirement may not be imposed in X’s absence.

b. If there is a person (other than X) without whose co-operation it would be

impracticable to secure the monitoring in question, the requirement may not be
imposed without that person’s consent.

c. The court may impose the requirement only if—

i. it has been notified by the Ministry/secretary of defence that electronic

monitoring arrangements are available in the relevant area, and
ii. it is satisfied that the necessary provision can be made under the arrangements
currently available.

(7) In subsection (6)(c) “the relevant area” means—

(a) the local justice area in which it appears to the court that P resides or will reside, and

(b) in a case where it is proposed to include in the order—

(i) a requirement that P must remain, for specified periods, at a specified place, or

(ii) a provision prohibiting P from entering a specified place or area, the local
justice area in which the place or area proposed to be specified is situated.
“Specified” means specified in the order.
(8) A domestic abuse protection order that includes an electronic monitoring requirement must
specify the person who is to be responsible for the monitoring.

(9) The person specified under subsection (8) (“the responsible person”) must be of a description
specified in regulations made by the Secretary of State.

Requirements of a DAPO

(10) In the event that a domestic abuse protection order includes an electronic monitoring
requirement for an individual, that individual must, among other obligations —

(a) Comply with the directives stipulated periodically by the responsible party, which may
involve:
(i) Undergoing the fitting or installation of any necessary apparatus, and
(ii) Allowing the inspection or repair of any apparatus fitted or installed for monitoring
purposes.

(b) Refrain from interfering with, or disrupting the functioning of, any apparatus fitted or
installed for monitoring purposes.

(c) Undertake any necessary actions specified by the responsible party to ensure the proper
functioning and maintenance of any apparatus fitted or installed for monitoring
purposes.

(11) Duration and geographical Scope of Orders :- Notwithstanding any other provisions, a
domestic abuse protection order shall not prescribe an electronic monitoring requirement to
remain in force for a period exceeding 12 months.

Data from electronic monitoring: code of practice

(12) The Ministry/Secretary of Defence must issue a code of practice relating to the
processing of data gathered in the course of electronic monitoring of individuals under
electronic monitoring requirements imposed by domestic abuse protection orders.

(2) A failure to act in accordance with a code issued under this section does not of itself make
a person liable to any criminal or civil proceedings.
5. Evidence collection in DV inquiries- rules in collab with the EO

to make provision for the granting of measures to assist individuals in certain circumstances to give
evidence or otherwise participate in civil proceedings

6. Special measures in family proceedings: victims of domestic abuse

7. Appointment of an “enforcement officer”

Duties of enforcement officers

(1) The duties of an enforcement officer shall include―

(a) assisting a victim of domestic violence to file an application for interim protection
order regarding the domestic violence;

(b) providing or arranging transportation for the victim to an alternative residence or a

safe place or shelter if such transportation is required;

(c) providing or arranging transportation for the victim to the nearest hospital or medical
facility for treatment of injuries if such treatment is needed;

(d) explaining to the victim the rights to protection against domestic violence;

(e) accompanying the victim to the victim’s residence or previous residence to collect
personal belongings.

8. Powers of arrest

(1) Where the court is satisfied that the person against whom a protection order or interim
protection order is made is likely to cause actual physical injury to the protected person or
persons, the court shall attach a power of arrest to such protection order or interim protection
order, as the case shall be.
(2) If a power of arrest is attached by virtue of subsection (1), a police officer shall arrest without
warrant the person against whom the order is made when one or more of the following situations
arise:
(a) when there is a report of domestic violence lodged by a person who is protected under
the interim protection order or protection order to any police officer;
(b) when the police officer has reasonable cause to believe that the person against whom
the order is made is in breach of―
(i) the order issued under subsection 4(1) or 5(1); or
 (ii) any order made pursuant to paragraph 6(1)(a) or (b); or
(c) when the person against whom the order is made enters into any place prohibited
under the order.

(3) Where a power of arrest is attached to a protection order or interim protection order and the
person against whom the order is made is arrested under subsection (2) ―

(a) he shall be brought before a judge within twenty-four hours of his arrest; and

(b) he shall not be released within that period except on the direction of the judge, but
nothing in this section shall authorize his continued detention under this subsection after
the expiry of that period.

(4) In this section “judge” includes a Magistrate.

9. Prohibition of cross-examination in person

Prohibition of cross-examination in person in family proceedings 66 Prohibition of cross-

examination in person in civil proceedings

10.

“Protector”-
Duties

a. Obtaining info about DV

 b. Power to enter premises for assessment

c. Power to obtain information and examine records etc.

Types of protection orders

(1) This section applies if the court makes a protection order to restrain X from committing
family violence against Y.

(2) The court may make one or more of the following orders if the court is satisfied, on a balance
of probabilities, that the order/s are necessary for the protection or personal safety of Y:
a. A domestic exclusion order excluding X from Y’s home and granting Y the right of
exclusive occupation in relation to Y’s home, and the following is applicable —
i. The order may be made in respect of the whole or any part of Y’s home;
ii. The order may be made regardless of who has a title or interest in Y’s home;
b. A stay away order prohibiting X from entering and remaining in an area outside Y’s
home or any other place frequented by Y;
c. A no contact order prohibiting X from visiting or communicating with Y.

(3) An order under subsection (2) may be made —

a. On the initiative of the court; or
b. On an application by—
i. The applicant for the protection order; or
ii. A protector.

(4) An order under subsection (2) may be made —

a. From the date on which it is made or any later date that may be specified; and
b. Either indefinitely or for a specified period.

(5) An order under subsection (2) has effect —

a. When the court makes the protection order against X; or
b. At any time while the protection order against X has effect.

Domestic abuse/violence services (VICTIM PROTECTION SERVICES)

PROTECTION FOR VICTIMS, WITNESSES, ETC IN LEGAL PROCEEDINGS

Support services should be made available to victims and their dependents

Definition- means any advice, advocacy or counselling services provided, in relation to domestic
abuse, to victims of domestic abuse or their children

Counselling orders
(2) This section applies if the court makes a protection order to restrain X from committing
family violence against Y.

(3) If the court considers that it may help X to avoid committing family violence against current
or future family members, the court—
a. May make a counselling order requiring X to attend counselling or other programmes
as directed by a protector; and
b. May also, as part of the counselling order, direct Y and the children of X or Y (if they
be), or any of them, to attend counselling or other programmes as directed by a
protector.

(4) A counselling order may be made—

a. On the initiative of the court; or
b. On an application by—
i. The applicant for the protection order; or
ii. A protector.

(5) A counselling order may be made—

a. When the court makes the protection order against X; or
b. At any time while the protection order against X has effect.

(6) A counselling order must be made for a specified period but a person must not be subject to
one or more counselling orders for longer than 36 months in respect of the same protection
order.

(7) A counselling order may be varied, suspended or revoked by the court—

a. On its own initiative; or
b. On an application by—
i. X;
ii. The applicant for the protection order; or
iii. A protector.

(8) If the protection order against X ceases to have effect—

a. A counselling order does not thereby cease to have effect; but
b. The duration of the counselling order must not be extended.

(9) A person commits an offence if the person, without reasonable excuse, contravenes a
counselling order.
(10) A mandatory treatment order shall be made by the court requiring X to undergo
psychiatric treatment for a specified period, if the court has reasonable grounds to believe
that—
a. X is likely to be suffering from a psychiatric condition; and
b. Such psychiatric condition is likely to be a contributing factor for X’s conduct or
behaviour that was the basis for making the protection order against X.

Medical evidence of domestic abuse in Sri Lanka

Prohibition on charging for the provision of medical evidence of domestic abuse

(1) No individual may impose a fee or any form of compensation for preparing or providing
pertinent evidence related to an assessment of an individual conducted by a relevant health
professional in Sri Lanka under a qualifying medical services contract.

(2) No individual may impose a fee or any other form of compensation for preparing or
providing pertinent evidence related to an individual by a relevant health professional in Sri
Lanka if the services offered by the relevant health professional primarily fall under a qualifying
medical services contract.

(3) In this section, "relevant evidence," concerning an individual, refers to:

(a) Evidence indicating that the individual is or is at risk of being a victim of domestic
abuse, intended to support the individual's application for civil legal services, or

(b) Any other evidence indicating that the individual is or is at risk of being a victim of
domestic abuse, as specified in regulations set forth by the Secretary of State.

(4) In this section, "relevant health professional" means:

(a) A medical practitioner licensed to practice by the General Medical Council,

(b) A health professional registered to practice in Sri Lanka by the Nursing and
Midwifery Council,

(c) A paramedic registered to practice in Sri Lanka by the Health and Care Professions
Council.

(5) In this section, "qualifying medical services contract" means:

(a) In relation to Sri Lanka:

(i) A general medical services contract established under Section 84(2) of the National
Health Service Act 2006,
 (ii) Any contractual arrangements established under Section 83(2) of that Act,

(iii) An agreement established under Section 92 of that Act.

(6) The relevant national authority may, through regulations, modify the definition of:

(a) "relevant health professional,"

(b) "qualifying medical services contract."

(7) In this section:

"relevant national authority" means:

(a) In relation to Sri Lanka, the Secretary of State,

(b) In relation to Sri Lanka, the Sri Lankan Ministers,

"assessment" includes a consultation, whether in person or otherwise,

"civil legal services" has the meaning ascribed by Section 8 of the Legal Aid, Sentencing and
Punishment of Offenders Act 2012.

(8) Subsections (1) and (2) do not apply concerning anything carried out by a relevant health
professional before the enforcement of this section.

PDVA SRI LANKA

1. There’re no legal provisions to consider domestic violence as a new offence and in its
place, they define domestic violence as a pattern of cruel, inhuman, degrading or
humiliating conduct of a serious nature directed towards an aggrieved person. (Chapter
XVI of PC)
2. Provisions of the Protection Order are enforced by the police dept as the law enforcement
agency of the country (check s. 56 of the police ordinance). A study in xxx has found that
the police found it difficult to control the DV acts due to the inadequate provisions in the
PDVA, becuz they’re only notified after most of the abuse has been concluded (response
time is too late). That’s why there should be other personnel actively involved like
enforcement officers, protectors…etc.

Legal impediments to police action will have to be removed, and duties of the rural govt
officials in reporting, arresting and protecting victims of DV will have to be specified in
the Act.
3. Despite the PDVA recognizing offences contained in chapter XVI of the PC under s. 23
of the PDVA, it doesn’t cover all types of violent acts experienced by women. Marital
rape (forced sexual intercourse) by a husband with an adult woman is considered as a
criminal offence under the amended PC 1995 only where the parties are judicially
separated. Should come under offences against the human body.
4. Have a separate family court in every district to handle family disputes
5. The