INNOCENCE LOST!
Sisters At Law is a haven for the abused women
Marini De Livera in discussion with Shanthi Wijesinghe sheds light on the efficiencies in our system in connection to the escalating issue of Abuse of Women and Children. Excerpts:
When Sri Lanka is blessed with professionals who can assist the unprotected women and children, the spoke in the wheel happens to be those holding positions of unwanted power.
Indeed, we see the absurdity of the mechanism and yet can lay no claims to imprison the perpetrators. The wheel of law in Sri Lanka grinds oh, so S-L-O-W-L-Y and it is this which perplexes those like Marini De Livera. Outspoken, bold and strong-minded, Marini is the shoulder to cry on when hopes and dreams of women and children have crashed. Her warm and inclusive personality made me reach out and ask the important questions Sri Lanka needs answers to.
The organization she has formed is aptly named Sisters At Law and is a haven for the abused.
Marini is armed with a Master’s Degree in Law from The University of Colombo. She specialises in Constitutional Law, Government, European Law, and Conflict Analysis. She also possesses a Post Graduate Diploma in Human Rights from The University of Colombo and Is a Licentiate Teacher of Speech and Drama, Trinity College London.
To have won the prestigious International Women of Courage Award also referred to as the US Secretary of State’s International Women of Courage Award is an honour for our island nation.
The award is presented annually by the United States Department of State to women around the world who have shown leadership, courage, resourcefulness, and willingness to sacrifice for others, especially in promoting women’s rights.
1. There has been a surge of violence towards women and children in the last few years. Why do you think this is?
Yes. The incidents of violence against women and children have increased drastically during the last few years. This is because the Law Enforcement Machinery: the Police are extremely corrupt and politicised.
The Police Station is the “first stop” for the survivor of violence. I have accompanied battered women and children to Police stations many times and was horrified at their lethargy, ignorance, apathy and bias towards the perpetrator of violence and crime.
The Prevention of Domestic Violence Act, 1995 Penal Code Amendments and the Victims and Witnesses Act are mere pieces of paper. They do not encompass protection to the people living in this country, which is very sad.
The Police do not follow their own Institutional Guidelines when recording the complaint and they do not conduct an impartial inquiry or investigation. This is deplorable. As a lone crusader, I can do very little to change this situation or solve this problem.
2. How safe are children in safe houses?
I am assuming by Safe House you mean ‘Safe Haven for Women and Children’. This would include Women’s Refuges, shelters and Child Development Centres/ Orphanages. As a Judge stated in her ceremonial speech recently, the orphanages look like a scene from Oliver Twist or Jane Eyre.
To implement the PDVA (Prevention of Domestic Violence Act) properly, the need is to establish Women’s Spaces in different Districts of this country where survivors can escape from their violent homes and weigh the options available to them in a relaxed atmosphere.
They can then embark on a new journey to lead a productive life as a good global citizen.
Child Protection is a devolved subject. There are 09 Probation Commissioners in the 09 Provinces. The Western Province alone has 10,000 children in need of care and protection. This is absolutely mind-boggling because the Alternative Care Policy approved by the Cabinet of Ministers in 2019 is not being implemented yet.
3. What is the reason that women and children languish in unfinished cases?
As Chair of NCPA, I personally visited orphanages and also monitored court proceedings as I was empowered under the Act to do so. I was determined to find out where the blockages were and what was causing the cases to drag on.
One of the main reasons is that the Perpetrator of violence is extremely powerful in terms of political affiliations and money and hires the best lawyers but the victim has only an ignorant inaudible Police Officer for whom this is just another case.
We need a strong set of women’s rights and child rights lawyers who are passionate, energetic and bold in their quest for Gender and Child related justice.
Sadly, Human Rights is not even a subject at Law College and is only an optional subject in our Universities. In India, in most Law Schools, it is a core subject for Final Year students.
4. What are the major loopholes in our laws?
The Penal Code has to be studied holistically and needs to be reformed to enhance punishments. The punishments are of the 19th century and do not act as a deterrent. Also, Government support mechanisms need to be strengthened at present they are toothless and dysfunctional. There should be periodic reviews to test the impact of all laws on society and systematic law reforms and legal literacy has to be a continuous process.
5. Tell us about Sisters-at-law.
Sisters at Law is a registered national charity for women’s and human rights in Sri Lanka. Our assistance includes legal aid and safe shelters for survivors of various forms of violence and abuse. Moreover, we run educational activities and livelihood support projects.we are also involved in awareness campaigns and advocacy work. Our committed core team consists of legal professionals, law students, tutors and operations staff. But we are also supported by a vast network of doctors, mental health specialists, community leaders and volunteers. Our team is a happy bunch and all share a common passion for women’s and children’s rights. www.sistersatlaw.org/
6. Where do you visualize Sri Lanka in the next five years in the protection process of women and children?
If the extremely fragmented Women’s and Child Rights Organisations do not work together and agitate vociferously for institutional, policy and legal reform, it will be a very dangerous and extremely unsafe place to live in the years to come.