WOMEN DEMAND FAMILY LAW REFORMS

From silence to strength....

- By Mirudhula Thambiah

Shifana* from Puttalam and Kavya* from Batticaloa have spent years navigating Sri Lanka's family law system, facing domestic violence, slow courts, and unequal legal protections. Their struggles highlight the urgent need for reform and underscore the call for the Women's Declaration on Family Law and Practice in Sri Lanka-a push for a justice system that protects women and children, listens to survivors and delivers timely fair outcomes

Both women (Mentioned above) though separated by geography and circumstances, find themselves telling parallel stories of being silenced by men wielding uneven power and of justice system too slow to shield them. Forty-six-year-old Shifana recalls the first time the weight of the system pressed on her life. Her encounter with the authorities revealed the complexities of the Muslim Marriage and Divorce Act (MMDA). When she initially approached the police, they said, "So, you don't have to go to the police. You can go to the Quazi court". Later, at the Quazi courts she was informed that under the Muslim law, a man is allowed four marriages. But to Shifana, the Quazi court felt less like a legal institution and more like a traditional council.

Despite having no prior experience with the Quazi court, Shifana tried to navigate the system. She discovered that men held disproportionate power under the law, and even basic justice seemed elusive. "If a person is aware of the law, they might be afraid to commit a mistake, afraid to go to the police, afraid to file a case. This problem comes from the Muslim Marriage law itself. Men have a lot of power, and they know it," she added.

Shifana's struggles stretched back much earlier. In 2009, when her marriage first began to fracture, she sought help through the system, but found no clarity or support. The case was left unresolved, leaving her and her children without security for years before she could re-approach the courts in 2017.