"Why Marital Rape is Not Recognised in Sri Lanka" @shamleemarambebandara

Shamlee Marambe Bandara

LLM ( International Human Rights Law )

Bachelor of Law ( Hons)

University of Buckinghamshire UK

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Abstract.

Marital rape is not considered a criminal violation in Sri Lanka, even though there is increasing global awareness and activism for women's rights. This thesis examines the various variables, including socio-cultural, legal, and political aspects, that contribute to the lack of recognition of marital rape in Sri Lanka. The main goals of this study are to investigate the socio-cultural norms and beliefs that support the lack of acknowledgment of marital rape, to assess the legal frameworks that maintain this current state, and to examine the political dynamics that oppose any changes. This research intends to analyze the repercussions of this legal gap and give ideas for legislative and societal reform.

The research methodology employed in this study is primarily qualitative, encompassing a blend of literature analysis, case studies, and interviews conducted with legal professionals, activists, and victims. The literature review is a comprehensive examination of the historical background and a thorough comparison of marital rape legislation in different jurisdictions. It offers valuable perspectives on effective approaches and legal precedents that could guide the implementation of reforms in Sri Lanka. Case studies are employed to exemplify the practical consequences of the existing legal structure, emphasizing the encounters of individuals who have successfully maneuvered through the justice system. Conducting interviews with stakeholders allows for a detailed comprehension of the socio-cultural and political elements that contribute to the lack of recognition of marital rape.

The research findings indicate that traditional beliefs and patriarchal standards have a substantial influence on societal attitudes about marital rape. In Sri Lanka, marriage is commonly regarded as a contractual agreement that inherently assumes consent to sexual intercourse, making the notion of marital rape incomprehensible to a significant number of people. This idea is well ingrained in the social structure, strengthened by religious doctrines and cultural customs that stress the sacredness of marriage over personal independence. The societal stigma and social disgrace linked to addressing sexual abuse within the institution of marriage serve as further deterrents for victims to speak out, therefore continuing a cycle of silence and lack of acknowledgement.

Marital rape is not specifically acknowledged as a criminal offense in the Sri Lankan Penal Code, which has its origins in the colonial period. As per Section 363 of the Penal Code, the act of a man engaging in sexual intercourse with his own wife is not legally classified as rape, except in cases when the wife is below the age of twelve. This provision is a reflection of a historical period when women had very restricted rights within the institution of marriage. Furthermore, it continues to impede efforts to bring about legislative reforms. Efforts to revise the Penal Code to acknowledge marital rape have encountered significant opposition from conservative factions of society and political elites who feel that such modifications will weaken conventional family values.

The resistance to acknowledging marital rape is politically impacted by the prominent influence of religious groups and leaders in molding public policy. A significant number of religious leaders maintain conventional perspectives on marriage, contending that enacting legislation against marital rape would disrupt the integrity of the family structure and be in conflict with religious doctrines. Political leaders frequently lack the determination to confront these influential entities due to concerns about facing opposition from conservative voters and religious constituents. The legislative process in Sri Lanka is additionally intricate due to the highly polarized character of its politics, wherein gender-related matters are often marginalized in favor of more pressing political priorities.

The repercussions of failing to acknowledge marital rape are extensive, including not just the individuals who experience it but also wider social concepts of fairness and parity. Marital rape victims lack legal remedies, making them susceptible to ongoing abuse and maintaining the unequal distribution of power within the institution of marriage. This legal vacuum also violates international human rights norms, eliciting disapproval from global organizations working for women's rights.

Based on these discoveries, this thesis suggests multiple suggestions for tackling the problem of marital rape in Sri Lanka. Legal reforms are imperative, beginning with revisions to the Penal Code to officially acknowledge marital rape as a criminal offense. Policy measures should encompass a wide range of support services for victims, such as legal assistance, therapy, and secure accommodations.

To establish marital rape as a criminal offense in Sri Lanka, it is necessary to adopt a comprehensive strategy that tackles socio-cultural norms, legal frameworks, and political factors. This thesis emphasizes the immediate requirement for legal restructuring and societal transformation to safeguard the rights and honor of women, guaranteeing fairness and parity for everyone.

Keywords : Marital rape, Sri Lanka, legal reform, socio-cultural norms, women's rights.

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Reference.

·????? Penal code of Sri Lanka.

·????? Constitution of Sri Lanka 1978.

·????? G.I.D. Isankhya Udani, CONTESTING THE CONSENT: AN ANALYSIS OF THE LAW RELATING TO MARITAL? : RAPE EXCEPTION IN SRI LANKA? < https://ijbel.com/wp-content/uploads/2018/01/LAW-44.pdf > Accessed on 25th of July 2024.

·????? "THE NECESSITY OF CRIMINALIZING MARITAL RAPE IN SRI LANKA" < https://www.academia.edu/72522772/THE_NECESSITY_OF_CRIMINALIZING_MARITAL_RAPE_IN_SRI_LANKA> Accessed on 25th of July 2024.

·????? "Marital rape laws & Women’s Rights: ‘She’s my wife’ is not a defence!" < https://www.google.com/url?sa=t&rct=j&q=&esrc=s&source=web&cd=&ved=2ahUKEwjK9ZaA2M2HAxXb1TgGHRnHCzcQFnoECB0QAQ&url=https%3A%2F%2Farchives1.sundayobserver.lk%2F2017%2F08%2F20%2Fwomen%2Fmarital-rape-laws-women%25E2%2580%2599s-rights-%25E2%2580%2598she%25E2%2580%2599s-my-wife%25E2%2580%2599-not-defence&usg=AOvVaw0OWfqmh1kxzwvx86le_Won&opi=89978449 > Accessed on 26th of July 2024.

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