The Protection Available for the Elders under the Prevention of Domestic Violence Law; Sri Lankan Perspective

Abstract

The social, cultural and religious environment of Sri Lanka ensures that the elders of Sri Lankan society are treated with respect as well as an integral part of the society. However, the domestic violence occurring towards the elders have been increasing in many societies due to numerous factors including social, cultural, economic etc., reasons. The Sri Lankan legal framework recognizes the domestic violence as a statutory offence under the Prevention of Domestic Violence Act (PDVA), No. 34 of 2005. This law prevails in any circumstances, where the elderly is subjected to or about to be subjected to a domestic violence incident in every instance whichever the statute specified. The research question of the study is; Does the domestic legal mechanism established in order to protect the rights of the elders from domestic violence is accurate and effective? This qualitative study aims to assess the efficiency of the available domestic legal mechanism established in order to protect the rights of the elders from domestic violence situations, with reference to relevant domestic and international legal standards. Further, the study is focused to analyze few selected rights of elders; i.e. Right of equality, right to health and nutrition, right of social security, religious rights etc. The study discloses some of the practical difficulties in realizing the introduced mechanism under the statute and evaluates the level of protection of rights of the elders. This study concludes with pointing the need of effective intervention of the legislature in order to avoid the issues relating this law towards the elders. Therefore, the study recommends some of the possible amendments which can be made, to implement a sound framework for the protection of the rights of the elders of domestic violence and to establish a proper welfare program under the assistance of the State.