A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
A Brief Colonial History Of Ceylon(SriLanka)
Sri Lanka: One Island Two Nations
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Thiranjala Weerasinghe sj.- One Island Two Nations
?????????????????????????????????????????????????Wednesday, May 3, 2017
Lowering The Age Of Marriage, A National Issue
By Mass L. Usuf –May 3, 2017
Child marriage is
defined as a formal marriage or informal union before age 18. The
following statistics from the World Health Organization indicates that
this is a global problem, “about 16 million girls between the ages of 15
to 19 and, two million girls under the age of 15 give birth every
year”.
In
Sri Lanka, the incidence of child marriage is lesser in the city/urban
environment and more conspicuous in the rural areas. FOKUS WOMEN
observes that, “under age marriage of girls is reported to have
increased in Sri Lanka particularly in the North, East and among the
rural communities” (April 2016).
Two
exceptional events may have contributed to the increase in child
marriages. Firstly, the LTTE exempting those who were married from being
enlisted. Secondly, marriages between the IDP/refugees mainly among
Muslims/Tamils. These marriages were obviously for security reasons. This data should not be generalised.
Another interesting finding is regarding, “Girls below eighteen entering into
de facto marriages in the rural communities for several reasons”. One
of which is “romantic relationships resulting in elopement”. (FOKUS
WOMEN.)
The
foregoing clearly substantiates that the Age of Marriage, which is
eighteen, as laid down in the General Marriage Registration Ordinance
(GMRO) is not being followed strictly.
Kotahalu Mangallaya
See
the beauty of our Sinhala culture. With the onset of menarche
(signifying Puberty) the traditional ‘Kotahalu Magul’ takes place. “She
is kept indoors and isolated from outsiders and even the males of her
own family” writes Dr. Y.D. Jayatilleke, Sociology and Anthropology
Department, University of Jayawardenapura. “This custom is followed to
make the physically matured girl to become mentally matured”. The main
objective is to instil discipline and restraint. The girl goes through
various exercises preparing her “to play her future role as a woman,
wife and mother”. Even though she may be under 18 years of age.
With
modernity and advancement, the cultural value of discipline and
restraint has been transformed. Teenage innocence is waning The drift towards increased teenage sexuality arising from the free intermingling of sexes is a factor for this change.
Teenage Sexuality
A
UNICEF study (2013), reveals that child marriages were most often a
product of teenage sexuality, and do not appear to be linked to
customary or forced marriages etc. (See : Emerging concerns and case
studies on child marriage in Sri Lanka).
The case of Marmba Liyanage Rohana alias Loku (S.C. Appeal No. 89 A /2009) provides a good illustration.
The
accused was indicted for committing rape on fifteen year old Anusha
Priyadarshani, a Grade 11 student. Anusha had a love affair with the
accused. Her mother became hostile. Life
at home became intolerable. One day she met her boyfriend and asked him
to take her away from home or she will commit suicide. He took her to
his uncle’s house. During that period they had sexual intimacy as
willing partners. Anusha said to Judicial Medical Officer, “I went with
him on my own free will and lived together with him.”
School of Legal Realism
The
accused (boyfriend) was sentenced to ten years imprisonment. The
sentence was appealed and a suspended sentence given. The Supreme Court
observed: “There is no doubt whatsoever that the accused is technically
guilty of the offence…… However, after considering the facts of the case
and the submissions of the counsel, I hold that this is not a case
where the accused has to suffer a custodial sentence.”
Hypothetically,
say, Kumari a girl below 16 had been impregnated by her boyfriend. The
law will indict him for statutory rape. Why? Because the laws says that a
girl below 16 cannot consent. This is unreal, arbitrary and contrary to
medical opinion. Underestimating the capacity of a 16-year-old girl is
gender discrimination.
He will be sentenced to jail. Their child will grow up seeing the father behind bars. The child deprived of the warmth, love and affection of the father (minimum
sentence, ten years). Very depressingly, even the two innocent lovers
cannot marry until the jail term is completed. Kumari who is 16 will
have to wait till she is 26 to marry (and the father can have his ten
year old as his best man!). Practically, does this make sense?
From
this emerges other conflicts of interest. Child marriage; Deprivation
of the fundamental right to marry; Gender discrimination and the welfare
of the new born child. The unrealistic law which prohibits marriage
because she is below 18, has created problems further burdening
society.