Enforcing Rights and Correcting Wrongs - Asia-Pacific Regional ...
Enforcing Rights and Correcting Wrongs - Asia-Pacific Regional ...
Enforcing Rights and Correcting Wrongs - Asia-Pacific Regional ...
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against forgiveness ceremonies. Family Protection Act<br />
2008 stipulates that the payment of bride price has no<br />
bearing on guilt or punishment in domestic violence<br />
cases. 91 Section 10 (2) states “it is not a defence to an<br />
offence that the defendant has paid an amount of money<br />
or given other valuable consideration in relation to his or<br />
her custom marriage to the complainant”.<br />
Judicial rulings can be regressive as can legislation. Judicial<br />
rulings can reflect biases against legislative reforms <strong>and</strong><br />
may consider them as infringement of judicial discretion.<br />
Reversals may result from internal efforts towards legal<br />
equality.<br />
Sri Lanka’s legislature reformed its 1883 Penal Code <strong>and</strong><br />
through its 2006 amendment Section 364(1) as amended<br />
by Penal Code (Amendment Act No. 13, 22 of 1995 <strong>and</strong><br />
10, 16 of 2006) <strong>and</strong> prescribed a minimum m<strong>and</strong>atory<br />
sentence of seven years for the offence of rape. 92 In 2008<br />
the Sri Lankan Supreme Court, in a rape case, concluded<br />
4. Barriers of Laws<br />
that the law setting a minimum m<strong>and</strong>atory sentence<br />
for rape was tantamount to “interference with judicial<br />
discretion” by the legislature. The court observed that<br />
a minimum sentencing guideline conflicts with the<br />
Constitution. It maintained its right to impose a sentence<br />
that it deemed “appropriate”. 93<br />
At a time when countries across the region are making<br />
efforts to advance gender equality they may face strong<br />
resistance resulting in reversals. In April 2009, scores of<br />
Afghan Shia women protested against the controversial<br />
provisions of a Shia Personal Status Law. They argued<br />
that the new law “insults the dignity of women” <strong>and</strong> must<br />
be withdrawn because it was imposed on them without<br />
consultation. 94 The law – which grants custody rights<br />
for children exclusively to fathers <strong>and</strong> gr<strong>and</strong>fathers, <strong>and</strong><br />
stipulates that a woman can leave the house without her<br />
husb<strong>and</strong>’s permission only if she has “reasonable legal<br />
reasons” – was passed anyway, though it contained many<br />
provisions that deny women rights. 95<br />
23