Reviewing the Efficiency and Reality of Prevention of Domestic Violence Act, No.34 of 2005 Through the Lens of Feminist Perspectives

Abstract

Domestic violence is a timeless topic which has been even in the legislative discourse. This paper analyses the Prevention of Domestic Violence Act, No.34 of 2005 in light of two feminist theories, namely, liberal feminism and third world feminism. Even though one may celebrate the incorporation of the above Act, it is problematic to what extent the Act satisfies its objective of prevention of domestic violence. By utilizing the Black Letter Methodology, the author finds that regardless of the Act being a gender-neutral law on its surface, in its practical application it intersects with many gendered aspects which ultimately discriminates women. Thus, the responsible authorities have not been successful in effectively addressing such inherent issues of the Act. The purpose of this study is to suggest solutions while highlighting theoretical underpinning a d justifying in reference to selected international conventions. As per the knowledge of the author this is the only Sri Lankan paper which analyses the Prevention of Domestic Violence Act, No.34 of 2005 in light from feminist legal perspectives.