Shattered Lives, Silent Struggles

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By Yudheera Karunaratne

The International Day for the Elimination of Violence Against Women is observed annually on 25 November, urging us to reflect on the pervasive violence faced by women and girls worldwide and inspiring collective efforts to end it. This year’s theme, Ending violence against women and girls in the context of climate change, draws attention to the intersection of global crises and gender inequality.

Bringing this issue closer to home, Sri Lanka grapples with a significant prevalence of domestic violence. Recent statistics reveal that 24.9 per cent of Sri Lankan women have experienced physical or sexual violence, whether by a partner or non-partner. This alarming reality underscores the need for urgent intervention. In light of these challenges, Ceylon Today engaged in a discussion with Nillasi Liyanage, a human rights lawyer and the Legal Adviser for the Sri Lanka Programme of Legal Action Worldwide (LAW). LAW, a non-profit organisation, champions access to justice for victim-survivors of human rights violations across Africa, the Middle East, Ukraine, and South Asia.

In Sri Lanka, LAW prioritises advancing justice for survivors of Sexual and Gender-Based Violence (SGBV). Through its Gender Justice Legal Network, it provides legal aid, representation, and crucial support services to survivors.

Beyond her legal work, Liyanage’s career reflects her dedication to empowering women. As a former humanitarian disarmament advocate, she championed the Women, Peace, and Security Agenda, addressing issues like the use of anti-personnel landmines and the proliferation of small arms —challenges that disproportionately affect women.

Violence and abuse: Persistent challenges

Liyanage highlights the grim reality of violence against women in Sri Lanka. Domestic violence remains widespread, often with devastating consequences. Many women endure physical, sexual, emotional, and economic abuse at the hands of intimate partners. Substance abuse is a known contributor to escalating violence, while sexual and gender-based crimes outside the home —including online abuse such as grooming and non-consensual sharing of intimate images — are on the rise.

“Delays in the justice system and societal re-victimisation further complicate the pursuit of justice,” Liyanage explains. Sensationalised media reporting exacerbates this issue, impeding legal processes and placing victims at greater risk.

Barriers to justice: A closer look

Liyanage identifies numerous obstacles that hinder the fight against violence. “Patriarchal and misogynist norms permeate every layer of society, normalising violence against women,” she observes. These ingrained attitudes often discourage victims from seeking justice, while systemic failures in the justice system lead to secondary victimisation. Complaints frequently go unrecorded, and survivors endure invasive medical examinations and dehumanising court procedures.

A lack of awareness about available redress and support mechanisms further isolates survivors. Many are deterred by high legal costs and inadequate legal aid. Even when cases are pursued, outdated laws and prolonged judicial delays discourage victims and undermine conviction rates. The evidentiary burdens placed on victims not only reduce their chances of obtaining justice but also perpetuate a culture of impunity.

Recent initiatives

Nillasi Liyanage highlighted several recent initiatives aimed at combating violence against women in Sri Lanka. A significant milestone is the Women’s Empowerment Act No. 37 of 2024, enacted in July. This legislation establishes a National Commission on Women, tasked with investigating women’s rights violations, offering policy recommendations, and crafting national strategies to empower women.

Another notable effort was the introduction of the Gender Equality Bill in April. The Bill sought to establish a Gender Equality Council and assign gender focal points within ministries to ensure equitable representation and action. However, its future is uncertain following a Supreme Court ruling in June that deemed it inconsistent with the Constitution.

Amid these legislative developments, global and local campaigns continue to shine a light on gender-based violence. Liyanage emphasised the importance of the 16 Days of Activism against Gender-Based Violence, observed annually from 25 November to 10 December, coinciding with Human Rights Day. During this period, numerous initiatives aim to promote gender equality and support survivors. For example, Legal Action Worldwide has launched a social campaign addressing domestic violence and child abuse, incorporating social media advocacy and charity concerts to raise awareness and funds. These initiatives demonstrate a steadfast commitment to ending violence and fostering a culture of respect and equality.

Effectiveness of legal frameworks

While Sri Lanka’s legal system addresses many forms of sexual and gender-based violence, Liyanage pointed out persistent gaps that perpetuate harm. “For instance, Muslim Law in Sri Lanka permits the marriage of Muslim girls over 12 years old, and marital rape remains unrecognised as an offense under the Penal Code,” she noted.

Liyanage stressed that the success of legal frameworks lies in their implementation. Survivors often face obstacles due to a lack of survivor-centred awareness among law enforcement, legal professionals, and the judiciary. She explained, “Without proper training and a focus on survivor support, even the most robust legal frameworks are rendered ineffective.” Ensuring that survivors feel safe, respected, and empowered to report violence is critical for the justice system to function effectively.

Success stories and positive outcomes

Despite the challenges, there have been encouraging strides in supporting survivors and fostering justice. Liyanage has been instrumental in spearheading initiatives that provide legal assistance and representation to victim-survivors of sexual and gender-based violence and child abuse. Her efforts extend to upskilling lawyers to advocate effectively for survivors, ensuring they receive the justice they deserve.

Her advocacy work also encompasses humanitarian disarmament. As a young leader with the Forum on Disarmament and Development, Liyanage has championed efforts to counter the proliferation of small arms in Sri Lanka — an issue closely linked to gender-based violence. These successes underscore the potential of strategic interventions to create meaningful change, offering hope for a safer and more equitable future for women in Sri Lanka.

Recommendations for policymakers and organisations

Liyanage emphasises the urgent need for coordinated efforts among stakeholders to combat violence against women in Sri Lanka. She notes, “Government mechanisms and officials often fail to work in coordination or fulfil their roles effectively, and organisations in the field usually operate in silos.” A collaborative, multi-sectoral approach is essential, supported by robust monitoring and evaluation systems to assess the impact of ongoing efforts and drive improvements.

A cornerstone of progress lies in building comprehensive support systems and referral networks. These mechanisms should allow victims to report violence safely and access vital services, including shelter, psychosocial support, and opportunities for economic empowerment. Liyanage stresses that a victim-centred approach is paramount to ensuring dignity and respect for survivors.

Another critical gap is the lack of comprehensive and up-to-date data on violence against women. Many women remain silent about their experiences due to the challenges of reporting and fear of stigma. Enhanced research and data collection are crucial to informing stakeholders and tailoring interventions to be more effective.

Improving support systems

Survivors of domestic violence often face stigma and discrimination within their communities. Many are unjustly blamed for the violence and pressured to endure it for the sake of family or institutional reputation. Liyanage asserts that society must unequivocally reject such harmful attitudes and instead, offer unwavering support to survivors. She calls for stronger preventative laws and an end to the impunity enjoyed by perpetrators.

For the 17 per cent of ever-married women aged 15-49 who have experienced domestic violence, Liyanage underscores the importance of empowering them to seek justice. “Empowering women to take charge of seeking services and justice is crucial,” she states. Effective referral pathways should connect survivors with legal assistance, psychosocial support, and affordable childcare when they approach healthcare or law enforcement institutions.

Economic pressures and unemployment are key contributors to the prevalence of domestic violence. Financial dependence often traps women in abusive relationships, while unemployment and poverty exacerbate tensions at home. Liyanage highlights the need to improve employability and provide skill-building opportunities so that women are not reliant on charity. She also calls for the training of healthcare professionals, law enforcement officers, and administrative staff to ensure survivor-centred responses, supported by standard operating procedures.

In areas like Kilinochchi and Batticaloa, where domestic violence rates reach alarming levels of 50 per cent, the roots of the problem are multi-faceted. Liyanage identifies the legacy of war, trauma, displacement, stress, entrenched traditional attitudes, and discriminatory personal laws, such as Tesawalamai and Muslim Law, as contributing factors. The lack of justice and empowerment mechanisms further compounds these challenges, making targeted interventions critical.

Designing effective interventions

For interventions to succeed, they must be attuned to the unique needs of urban and rural communities. Civil society organisations, with their grassroots insights, play a pivotal role in these efforts. In urban settings, strategies should include mobilising community leaders and youth to challenge harmful behaviours, raising awareness about support services, providing vocational training for economic empowerment, and fostering collaboration with local authorities.

In rural areas, leveraging community networks to establish support systems, conducting culturally sensitive awareness programmes, providing mobile health clinics and legal aid, and educating communities on women’s rights are essential steps. These interventions can bridge the gap between survivors and the resources they need.

Awareness campaigns are another powerful tool. “Narratives should appeal to men and boys as well as women,” Liyanage emphasises, providing platforms for individuals who have overcome challenges to highlight that seeking help is not a weakness. Combating myths about violence and addressing misconceptions about seeking help can reduce stigma. Social media can amplify these messages, making helplines and support services more visible. Involving community organisations, leaders, and youth groups can enhance campaign effectiveness.

Schools and educational institutions are equally crucial in preventing violence and fostering gender equality. Liyanage suggests updating curriculums to promote mutual respect, dismantle harmful gender stereotypes, and include age-appropriate sex education. Teaching students about appropriate and legally sanctioned behaviours, offering mental health and counselling services, and encouraging student-led initiatives against gender-based violence can make schools safe havens for change.

Finally, reliable statistics are indispensable for developing effective strategies. Understanding trends in violence and its prevalence across regions and demographics allows for tailored interventions. Statistics also play a vital role in policymaking, awareness campaigns, and resource allocation, while helping organisations secure funding by demonstrating the need for targeted activities and resources.