Despite being influenced by patriarchal values and social norms, Sri Lanka has achieved a greater degree of gender equality than many other developing countries. In the 1940s, the country established equal and free access to health and education services, an important factor in achieving gender equality in primary and secondary education. Today, women comprise the majority of university students, although they continue to face gender barriers in the labour market and in the political arena.
Customs and traditions vary across Sri Lanka’s various regions and religions, affecting women in different ways. Most women are employed in the informal sector; poverty, coupled with political instability and traditions of male leadership, make it difficult for them to challenge or change their situation. War widows – an estimated 40 000 women – are a particularly vulnerable group.
Women in Sri Lanka have a relatively high level of protection within the family context, with the exception that some Muslim communities (about 10 per cent of Sri Lanka’s population) follow Islamic Sharia law, which contains discriminatory provisions. Family relations in the country are governed by several legal systems. The General Law (a combination of Roman-Dutch and English law) is predominant, but three parallel systems of law may also apply: Islamic, Kandyan and Thesavalamai law are all grounded in ancient customary practices and/or religions.
Sri Lanka’s legal age of marriage is 18 years for both men and women. Early marriage is less common than in other South Asian countries, but does occur in some communities that follow certain religious beliefs and cultural practices. For example, Islamic law argues against the concept of minimum age of marriage. A 2004 United Nations report estimated that 7 per cent of Sri Lankan girls between 15 and 19 years of age were married, divorced or widowed.
Polygamy is illegal in Sri Lanka. However, Islamic law allows Muslim men to take up to four wives. In reality, only a very few Muslim men have multiple wives, and those that wish to enter a second marriage must give prior notice to their first wives.
Parental authority is not equally shared in Sri Lanka. Fathers are regarded as the natural guardians of children while mothers are viewed as custodians and are usually responsible for the daily activities related to child-rearing. Recent judicial developments have reduced discrimination against women in the event of divorce. In the past, men enjoyed preferential custody rights. New legislation emphasises the well-being of children, who may be placed with either parent.
Sri Lanka’s Constitution provides for equal inheritance rights for men and women, but is again sometimes superseded by other legal systems. Islamic law discriminates against women in the area of property in that Muslim women are typically granted smaller inheritance shares than male heirs. Daughters, for example, inherit half as much as sons. Following the death of a father, Kandyan law ties the inheritance rights of daughters to marital practices: daughters who marry in diga (i.e. the bride is taken into the groom’s home) must transfer any inherited property to their brothers or to sisters who have married in binna (i.e. the groom is taken into the bride’s home). UNESCO reports that males are also given precedence over females in inheritance of agricultural land.
Legislation protecting the physical integrity of women in Sri Lanka is quite strong. Still, violence against women continues to be a problem, largely due to the long-running conflict between the Government of Sri Lanka and the Liberation Tigers of Tamil Eelam. Throughout this conflict, women have experienced harassment at checkpoints, detainment, rape and other violations of their personal security. Domestic violence, including spousal rape, is another area of concern. Incidents are rarely reported and legal protection has been insufficient. The situation may improve following recent amendments to the Penal Code that strengthen measures for both protection and prosecution.
Female genital mutilation is not a general practice in Sri Lanka, although it is known to occur among some segments of the Muslim population. At present, there is no legislation against FGM.
In contrast to several other Asian countries, there is no evidence to suggest that Sri Lanka is a country of concern in relation to missing women. Having a small family with children of both sexes is, in fact, often expressed as more desirable than having only sons.
Women have a moderate degree of financial independence in Sri Lanka. They have access to land in general, but face some discrimination in rural areas. As reported by the Committee on the Elimination of Discrimination against Women (CEDAW), the Sri Lankan Land Development Ordinance of 1934 denies women in new settlements the right to own family land if they had no land in locations of origin.
Sri Lankan women have access to property other than land. However, a study conducted by the International Centre for Research on Women shows that most women have acquired their assets (both land and other property) through inheritance, with purchase being the second main source for ownership. A smaller number of women have become property owners through government programmes.
Women also have equal access to bank loans, mortgages and other forms of credit from a variety of sources including the State, private financial institutions and donor-assisted or local credit delivery programmes.
The civil liberty of Sri Lankan women is hampered by the ongoing conflict and by long-standing social practices. The law grants women freedom of movement, but this right is limited in conflict-affected areas. Traditions and customs that place the burden of domestic chores on women also confine women to their homes to varying degrees. Restrictions on female mobility and autonomy are strongest among Muslim and Indian Tamil communities.
Sri Lanka women have freedom of dress. They are not obliged to wear a veil in public, although traditions of purdah (physical segregation of men and women) are followed amongst some of the Muslim population.
ICRW (International Centre for Research on Women) (2006), Property Ownership & Inheritance Rights of Women for Social Protection – the South Asia Experience, Synthesis Report of Three Studies, ICRW, Washington, DC.
Klasen, K. and C. Wink (2003), “Missing Women: Revisiting the Debate”, Feminist Economics, Vol. 9, No. 2-3, Routledge, London.
UN (United Nations) (2004), World Fertility Report 2003, UN Department of Economic and Social Affairs, Population Division, New York, NY.
UN (2005), MDG Country Report – Sri Lanka: Promote Gender Equality and Empower Women, http://mdg.lk/index.htm, UN, New York, NY.
UNESCO (United Nations Educational, Scientific and Cultural Organization) Bangkok (n.d.), Sri Lanka Country Profile, Country Specific ARSH Information, UNESCO, Bangkok, www.unescobkk.org.
UNIFEM (United Nations Development Fund for Women) (n.d.), Women War Peace Portal, Gender Profile of the Conflict in Sri Lanka, UNIFEM, New York, www.womenwarpeace.org.
WomanStats Project (n.d.), www.womanstats.org.
