DOES THE PENALTY ALWAYS FIT THE CRIME? – TREATMENT OFWOMEN OFFENDERS IN SRI LANKA
Ganga Wakishta Arachchi*

I. INTRODUCTION
The law enforcement and justice system in Sri Lanka has very few female offenders as opposed to theirmale counterparts. For many years, the three Cs practiced by Sri Lanka Prisons,1 namely, Custody, Care andCorrections, were applied to rehabilitate the male offenders, which comprised the majority. With the passageof time, as pregnant women, adolescent girls, mothers and persons with disabilities or special needs gradually
emerged to be a part of the justice system due to various socio-economic factors, the need to change policy
and circumstances at all levels, be it police, courts or prisons arose, and the practice was extended for the
betterment of women offenders.
On the international plane, too, the surfacing of “female offenders” attracted a lot of attention and discussion
with the number of female offenders increasing in each country. Hence, the Bangkok Rules and the Kyoto
Declaration were adopted, as well as the Handbook on Women and Imprisonment produced by the UNODC.
Further, “female offenders” was often a topic of various decisions and discussions held at the UN General
Assembly, especially what was referred to as the “Doha Congress”.2 Finally, the issue of female offenders
formed a part of the 2030 Agenda for Sustainable Development.3
With the changing times, and to be abreast with the best international practices and policies, Sri Lanka
braced itself to offer gender equality into State policy by first ratifying key international Conventions andformulating domestic mechanisms that offered females, in general, certain rights. Among them is the UN
Convention on Elimination of All forms of Discrimination Against Women (CEDAW) in 1981. Prior to thiswas the establishment of the Women’s Bureau in the year 1978 to ensure gender equity and equality. The
approach was improved with the creation of the Ministry for Women in the year 1983, followed by the
Department of Probation and Social Welfare. The decision of the Parliament in 1993 to adopt the Sri Lanka
Women’s Charter4 was the statement-of-principle policy of the Government pertaining to the rights ofwomen. Then came the National Committee for women in 1994, along with the 1996 National Action Plan for
Women. This National Committee, at present, is placed under the Ministry of Women and Child Affairs. In
the year 2016, with the launch of its “Policy Framework and National Plan of Action (NPoA) to address
Sexual and Gender Based Violence (SGBV) in Sri Lanka 2016- 2020”, the policy of zero tolerance for violenceagainst women was exhibited openly. This National Action Plan is an integral part of the Ministry of Womenand Child Affairs and reveals that it is in line with the Sustainable Development Goals 2030 of the United
Nations and talks much about the rehabilitation and social integration of female offenders. For the first timein Sri Lanka, this National Action Plan introduced the concept of multi-agency cooperation if any correctional
methods were to be a success story. At present, 16 stakeholder agencies work together to make thecorrectional measures and social reintegration of female offenders a success.5* Senior State Counsel, Attorney General’s Division, Sri Lanka.
1
Still the term ‘prison’ is used in place of ‘correctional facilities’.
2
Thirteenth United Nations Congress on Crime Prevention and Criminal Justice held in Doha 12-19 April 2015.
3
Goal 5.c of A/RES/70/1.
4
National Committee on Women, Ministry of Women’s Empowerment and Social Welfare. Women’s Charter, Sri Lanka,  http://eugc.ac.lk/ge_eq/wp-content/uploads/2016/04/Womens Charter-1.pdf accessed 29.09.2021.
5
Ministry of Women and Child Affairs, Ministry of Justice, Ministry of Law and Order, Ministry of Education, Ministry of
National Policy and Economic Affairs, Ministry of Labour and Trade Union Relations, Ministry of Skills Development andVocational Training, Ministry of Plantation Industries, Ministry of Foreign Employment, Ministry of Health, Nutrition andIndigenous Medicine, Ministry of Disaster Management, Ministry of Parliamentary Affairs and Mass Media, Sri Lanka Police,47

RESOURCE MATERIAL SERIES No. 113
Capacity-building, awareness raising of the root causes and underlying consequences have become crucial
to prevent any criminal acts being committed by female offenders. The number of female offenders in thesystem is very few, less than five hundred in all. Out of these, those with death sentences or serving for life
– sentenced for mainly being involved in narcotic drug offences – are even fewer. The statistics demonstrate
a vast decline of female offenders in the justice system at present.6
In this regard, the Constitution, in its Chapter III,7 has guaranteed equality for women and men and nondiscrimination based on sex. Nevertheless, once an offence is committed, the usual criminal justice process
would kick in to try the offenders, the police conducting the investigation, prosecution of offenders by theState Prosecutors attached to the Attorney General’s Department, the remand or the conviction of theoffender and so on and so forth.

II. GENDER-RESPONSIVE APPROACHES TO
IMPROVE CORRECTIONAL TREATMENT AND SUPPORT IN PRISON
A. The History
Unfortunately, a considerable majority in the country regard gender inequality as the “norm” and that itshould have perpetual succession. The beliefs such as “a woman’s main role is to take care of her home andcook for the family”, “it is a man who earns and is responsible for the family”, “a woman should obey herhusband” and “a woman is subject to male dominance” are embedded in the society even at present, but on
a lesser scale. In the old days, the correctional facilities saw no difference to change the common beliefs and,hence, female offenders were treated likewise. However, with the passage of time, the females, too, started
to pull the wheel and participated in the formal economic, social and political systems to sustain theirfamilies. The participation of females in the areas of income generation was more visible in the economicallydisadvantaged class. And, as a result of the poor economic conditions and the continuous struggle to moveon, and being pushed to the wall more often than not, these females committed or attempted the crimes they
later were charged with. Once these female offenders entered the criminal justice system, their families
encountered difficulties as a result of their imprisonment. With the revelation of the poor economic conditionsof the female offenders in the society, invariably all the stakeholders in the criminal justice system had tonecessarily take cognizance of this fact, especially the ones staying in the correctional facilities.
The outcry for women’s rights and, therefore, that of women offenders took the stage before long, though
the number was still very negligible as opposed to the males in the prisons.
B. The Approach
In handling female offenders, both unconvicted and convicted, two Cs out of the three, “Custody” and“Care”, are looked after by uniformed female staff. The third “C”, the “Correctional” staff, also known as“rehabilitation officers”, wear casual attire. The concept behind this approach is to enable the female offenders
to be free in their speech, i.e. to pour their hearts out at all levels; the admission level, initial medical
examination, the visits to their bases by rehabilitation officers for assessment and at every occasion thereafter.
Thus, whenever a female offender encounters any difficulty, she would not hesitate to seek advice of theserehabilitation officers to solve the issues at hand.
C. The Number
Having a small number of female offenders has very good advantages for Sri Lanka. The female offenders
are allocated separate accommodation facilities earmarked for their own convenience. Out of these offenders,the pregnant offenders who are separated from the rest are placed under constant care of the medical andother support staff. The female pregnant offenders are allowed to interact with their families if it appears to
be in the best interest of such woman offender. Every endeavour is taken to keep their minds happy andcontent, considering the circumstances they are faced with. Another interesting fact is that any female
offender who wishes to accompany her child inside the correctional centre is permitted to do so. All female
Department of Divineguma and University Grants Commission.
6
Volume 40-year 2021; Prison Statistics of Sri Lanka 2021 published by Department of Prisons.
7
Appendix A.

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PARTICIPANTS’ PAPERS
offenders who either opt to bring their children in are also allocated separate quarters where each of them
could remain with their child, encouraging the mother and child to form their bond. Each of these women
offenders are encouraged to mandatorily engage in the educational activities, both formal and informal. They
further undergo vocational training in order to prepare their smooth integration into the society in the time
to come, depending on the length of their sentence. The children inside the correctional facilities are happily
in either the day care centre or the preschool, being properly taken care of by the respective teaching staff
and caretakers. Even at police stations and in the Courts, facilities have been arranged for female offenders
who attend with children. Frequently, the female offenders are granted bail; hence, seldom will they enter
the correctional facilities inside the prison.
D. The Facilities
Sri Lanka Prisons have allowed professionals of all walks of life to visit female offenders with priorpermission in order to groom them for better tomorrows. These professionals include teaching personnel,
medical staff and service providers and, depending on the requirement of the correctional facility, to train
these female offenders to be financially independent upon their release. These outside support efforts willfurther act as a measure to curb recidivism. It does not end there. Being a small number has its advantages.
All the female offenders are allowed to follow their own religious beliefs, engage in prayer sessions anddiscuss their problems with the clergy if they wish. The clergy attends the correctional centres every week.
All religious and cultural events and festivals are commemorated with great enthusiasm within thecorrectional centres with the assistance of volunteers and the Prison Welfare Associations. In Sri Lanka,
there are six correctional facilities where women offenders are housed. They are Welikada, Kalutara,
Anuradhapura, Bogambara (Kandy), Angunukolapellessa and Kuruwita. At present, only Welikada and
Kalutara correctional facilities have day-care centres and preschools that house children up until they reachthe age of five years, which is the required age for the commencement of formal school education. Once achild reaches five years, he or she is handed back to a guardian, failing that to a children’s home to receive
formal education. A female offender who is with child is, therefore, housed in either Welikada or Kalurata for
their own well-being.
All care, custody and correctional female staff of the department of prisons who handle women offenders
act with empathy. These officers are trained to be extremely gender sensitive. Most of these officers have
either undergone probation training, counselling and psychological training, childcare and other welfare
related training themselves or have acquired the tertiary education in the respective fields either prior to or
while in service. Thus, it has become very natural for them to attend to the women offenders.
Medical staff from the National Mental Health Care Hospital, Public Teaching Staff and various IGOs andNGOs have come to the rescue voluntarily due the small number present within the correctional facilities.
Even the welfare of the children in the day-care and preschool facilities are conducted in such a manner thatit maintains the same standards of similar facilities outside. There are state-of-the-art recreational facilities
which both the women offenders and their children can use.

III. EFFECTIVE USE OF NON-CUSTODIAL MEASURES,
TAKING INTO CONSIDERATION WOMEN OFFENDER’S
GENDER-SPECIFIC CONDITIONS AND BACKGROUNDSThe justice system prevalent in Sri Lanka is still a very formidable one. The convictions and other ordersof Court, therefore, have much room for improvement to be on par with the international standards, if theconcept of the basic unit in the society, “the family”, is to be given the utmost importance, be it for married
offenders, single mothers or young females. Close scrutiny of the sentences passed or orders issued by
Courts could, therefore, easily vary when it reaches the correctional facilities. The women offenders, uponadmission, receive detailed explanations of what their “good behaviour” could offer them to serve a much lessperiod than pronounced and their ability to reintegrate to a better society should they put their efforts in theright direction. Even if such counselling may not register on the very first day, it gradually does. The formal
education and the other rehabilitation facilities received by a particular inmate varies with the time that she
has to serve. Therefore, the correctional authorities carve out individual plans for each women offender, whois accorded individual attention as well, due to the number being small. For those who have received formal
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RESOURCE MATERIAL SERIES No. 113
education to some extent, they are permitted to revive and enter into the usual formal system of education.
Sri Lanka Prison permits all those inmates if they so wish to sit for the public examinations including
attending universities to complete education. There is a male inmate who reads for his Master’s degree while
being an inmate. The illiterate female offenders could be beginners if they so wish. Depending on the needof each female offender, training sessions based on vocational, technical and other useful methods of selfemployment or institutional employment are accorded to them. Vocational training is offered in the areas ofgarment trade, beauty culture, weaving and all traditional forms of making clothes, including batik, hand
crafts, preparation of food for sale etc. These activities are introduced with a view of preparing the female
offender to be financially independent once she is reintegrated into the society. In addition, library facilities,
legal aid clinics, family reunions, health programmes and cultural activities are lined up, which keeps all thewomen offenders content during their stay in the correctional facility.
The good conduct and behaviour will attract what is usually referred to as the “home leave scheme”. This
scheme allows a female offender to initially go home for three days. With the passage of time, this period is
extended to fourteen days. Thereafter, as of habit, these fourteen-day periods become frequent. If the periodof sentence is shorter, such women offenders are allowed to remain at home on licensed conditions immaterialof the penal sentence accorded to them. Home leave has been proved as a measure of successful rehabilitationof these female offenders.

IV. CONCLUSIONS
Thus, it can be safely concluded that the women offenders in Sri Lanka are much fortunate whencompared to their male counterparts. However, there is much room for improvement in all aspects,
commencing with the vocabulary that is used, i.e. instead of “prison” using the term “correctional facility”’
etc. Great efforts have been put in place by the officers to accord proper care and correctional methods for
those in their custody with the maximum utilization of the resources that are made available to such officers.

V. RECOMMENDATIONS
A. The Social Factor
The psychosocial factor, as shown below, has improved with the change of attitude and appearance of
rehabilitation officers in correctional facilities. This could be extended to other law enforcement authorities
that constantly engage with women offenders. The women and children desks within the police can bereviewed, wherein the atmosphere is perpetrator friendly, not only for survivors. The 42 desks of “Womenin Need” inside police stations, a good blend of private-public partnership must be introduced to police
stations.
The officers involved in recidivism prevention must specifically be trained for that purpose. Coordinatedcommunity awareness campaigns where frequent community gatherings are held, such as prayer sessions
in religious places, school and office gatherings, will produce attractive results and will facilitate constructive
lobbying, especially among women. This will enable the women offenders to understand the nature of theoffences and the consequences of offending, and what action has to be taken in recidivism prevention where
offenders are concerned.

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PARTICIPANTS’ PAPERSPRISONERS RELEASED ON WORK RELEASE ,HOME LEAVE AND ON LICENCE SCHEME, 2010 – 2020
Year
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020

Work Release
8,609
20,034
9,115
1,401
511
648
4,145
675
547
599
189

Source: Department of PrisonsHome Leave
632
362
181
498
477
774
589
506
378
446
123

Licence Scheme
284
73
130
173
190
168
230
232
167
200
161

PRISONERS ENGAGED ON WORK RELEASE SCHEME, 2010 – 2020
Year
2010
2011
2012
2013
2014
2015
2016
2017
2018
2019
2020

No. of Prisoners
Engaged on
Work Release
8,609
20,034
9,115
1,401
511
648
4,145
675
547
599
189

Source: Department of Prisons

No. Found
Unsuitable
3
3
17
18
4
-

Total Amount
Earned for theYear (Rs.)
6,465,107
8,082,040
5,609,405
2,118,240
3,222,900
3,962,660
4,944,695
5,106,200
4,526,040
4,515,800
993,820

51

RESOURCE MATERIAL SERIES No. 113
B. Medical Services
A review of the current medico-legal services offered is a must. The 42 Mithuru Piyasa (Naptu Nilayam
Centres in Tamil) centres within State hospitals must be extended to all hospitals in correctional facilities.
Here, too, the lesser the formalities are, the better the results would be. Both the legal and medical community
must be encouraged to assist and support the government initiative to improve the conditions of women
offenders on a voluntary basis with the aim to prevent recidivism. The psychological care and counselling
facilities should be available on a more frequent basis than at present.
C. Access to Justice
Access to justice must be of the essence at every level. Advanced and effective laws and policies that
improve women’s access to justice must be formed without further delay. The formidable nature of the Sri
Lankan Courts makes women strangers to the system. The long drawn judicial process is a cause forrecidivism. It is suggested that cases involving women and children be dealt with in camera and by female
officers as far as practicable. The legal community should be encouraged to provide pro bono services to atleast one women offender in need which could produce better results.
D. The Legislation
Sri Lanka very recently amended its Code of Criminal Procedure Act No 51 of 1979 (CCPA), making it
compulsory for Judicial Officers to visit police stations at least once a month for inspection. The community
service orders in lieu of imprisonment brought in by amendment No 49 of 1985, further amended by Act No
46 of 1999, paved the way for alternatives for all offenders, including women. The police are empowered todetain suspects, including females, for varying lengths of time depending on the offence, initially only for 24hours; with permission from the court, up to 48 hours. For drug-related and terrorist offences, it is seven days
and indefinitely on a Detention Order extended every three months thereafter, issued by the Ministry of
Defence. There is an attractive legal and correctional system in place for women offenders at the correctional
facilities upon admission.
E. Recidivism Prevention
The main idea of law enforcement should revolve round the concept of recidivism prevention. No doubtthat punishments accorded must suit the crime, but a certain amount of flexibility is warranted where
women offenders are concerned as their number is small in Sri Lanka. Female perpetrators of minor offences
should be encouraged to repent with suitable plans for reintegration into the society with close monitoring.
Expedient disposal of the matters is of essence to prevent recidivism. Further, follow-up mechanisms should
be introduced, and close scrutiny of the offenders should be kept at all times through community monitoring,similar to what is practiced in Japan under the “volunteer probation officers” scheme. In criminal proceedings,
effective use of non-custodial measures at an early stage with rehabilitative interventions, such as community
supervision, community service and suspended sentences with close monitoring could be introduced as adeterrence to offenders. The project with the assistance of the World Bank to upgrade the existing six
correctional facilities in order to standardize the same as any other day-care and preschool education entity
allowing the female offenders to be in close proximity to their residences, as opposed to the two facilities atpresent, has to be expedited.
The statistics compiled by the department of prisons in Sri Lanka reveal a steep decline of female
offenders entering the correctional facilities – a great relief for Sri Lanka as a country.

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PARTICIPANTS’ PAPERS

VI. APPENDICES
Annexure A
CHAPTER III – FUNDAMENTAL RIGHTS
10.
Freedom of thought, conscience and religion.
11.
Freedom from torture.
Right to equality.
12.
13.	Freedom from arbitrary arrest, detention and punishment and prohibition of retrospective penal
legislation.
14.
Freedom of speech, assembly, association, occupation and movement.
14A. Right of access to information.
15.
Restrictions on fundamental rights.
16.
Existing written law and unwritten law to continue in force.
Remedy for the infringement of fundamental rights by executive action.
17.
CHAPTER III – FUNDAMENTAL RIGHTS
10. Freedom of thought, conscience and religion.
Every person is entitled to freedom of thought, conscience and religion, including the freedom to have or
to adopt a religion or belief of his choice.
11. Freedom from torture.
No Person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
12. Right to equality.
(1) All persons are equal before the law and are entitled to the equal protection of the law.
(2) No citizen shall be discriminated against on the grounds of race, religion, language, caste,sex, political opinion, place of birth or any one of such grounds:
Provided that it shall be lawful to require a person to acquire within a reasonable time sufficientknowledge of any language as a qualification for any employment or office in the Public, Judicial or
Local Government Service or in the service of any Public Corporation, where such knowledge isreasonably necessary for the discharge of the duties of such employment or office:Provided further that it shall be lawful to require a person to have a sufficient knowledge of any
language as a qualification for any such employment or office where no function of that employment
or office can be discharged otherwise than with a knowledge of that language.
(3) No person shall, on the grounds of race, religion, language, caste, sex or any one of such grounds, be
subject to any disability, liability, restriction or condition with regard to access to shops, public
restaurants, hotels, and places of public entertainment and places of public worship of his own religion.
(4) Nothing in this Article shall prevent special provision being made, by law, subordinate legislation or
executive action, for the advancement of women, children or disabled persons.
13. Freedom from arbitrary arrest, detention and punishment and prohibition of retrospective penal
legislation.
(1) No person shall be arrested except according to procedure established by law. Any person arrested
shall be informed of the reason for his arrest.
(2) Every person held in custody, detained or otherwise deprived of personal liberty shall be brought
before the Judge of the nearest competent court according to procedure established by law and shallnot be further held in custody, detained or deprived of personal liberty except upon and in terms of
the order of such Judge made in accordance with procedure established by law.
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RESOURCE MATERIAL SERIES No. 113(3) Any person charged with an offence shall be entitled to be heard, in person or by an Attorney-at-Law,
at a fair trial by a competent court.
(4) No person shall be punished with death or imprisonment except by order of a competent court, madein accordance with procedure established by law. The arrest, holding in custody, detention or otherdeprivation of personal liberty of a person, pending investigation or trial, shall not constitute punishment.
(5) Every person shall be presumed innocent until he is proved guilty:
Provided that the burden of proving particular facts may, by law, be placed on an accused person.
(6) No person shall be held guilty of an offence on account of any act or omission which did not, at thetime of such act or omission, constitute such an offence and no penalty shall be imposed for any offence
more severe than the penalty in force at the time such offence was committed.
Nothing in this Article shall prejudice the trial and punishment of any person for any act or omission
which, at the time when it was committed, was criminal according to the general principles of law
recognised by the community of nations.
It shall not be a contravention of this Article to require the imposition of a minimum penalty for an
offence provided that such penalty does not exceed the maximum penalty prescribed for such offence
at the time such offence was committed.
(7) The arrest, holding in custody, detention or other deprivation of personal liberty of a person, by reasonof a removal order or a deportation order made under the provisions of the Immigrants and Emigrants
Act or the
Indo-Ceylon Agreement (Implementation) Act, No. 14 of 1967 or such other law as may be enacted in
substitution therefor, shall not be a contravention of this Article.
14. Freedom of speech, assembly, association, occupation and movement.
(1) Every citizen is entitled to—(a) The freedom of speech and expression including publication;(b) The freedom of peaceful assembly;(c) The freedom of association;(d) The freedom to form and join a trade union;(e) The freedom, either by himself or in association with others and either in public or in private, tomanifest his religion or belief in worship, observance, practice and teaching;(f) The freedom by himself or in association with others to enjoy and promote his own culture and touse his own language;(g) The freedom to engage by himself or in association with others in any lawful occupation, profession,
trade, business or enterprise;(h) The freedom of movement and of choosing his residence within Sri Lanka; and(i) The freedom to return to Sri Lanka.
(2) A person who, not being a citizen of any other country, has been permanently and legally resident in
Sri Lanka immediately prior to the commencement of the Constitution and continues to be so resident
shall be entitled, for a period of ten years from the commencement of the Constitution, to the rights
declared and recognised by paragraph (1) of this Article.
Right of access to information.
14A.
(1) Every citizen shall have the right of access to any information as provided for by law, being informationthat is required for the exercise or protection of a citizen’s right held by—(a) the State, a Ministry or any Government Department or any statutory body established or createdby or under any law;(b) any Ministry of a Minster of the Board of Ministers of a Province or any Department or any
statutory body established or created by a statute of a Provincial Council;

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PARTICIPANTS’ PAPERS(c) any local authority; and(d) any other person, who is in possession of such information relating to any institution referred to in
sub-paragraphs (a) (b) or (c) of this paragraph.
(2) No restrictions shall be placed on the right declared and recognized by this Article, other than such
restrictions prescribed by law as are necessary in a democratic society, in the interests of national
security, territorial integrity or public safety, for the prevention of disorder or crime, for the protectionof health or morals and of the reputation or the rights of others, privacy, prevention of contempt of
court, protection of parliamentary privilege, for preventing the disclosure of information communicatedin confidence, or for maintaining the authority and impartiality of the judiciary.
(3) In this Article, “citizen” includes a body whether incorporated or unincorporated, if not less than threefourths of the members of such body are citizens.
[Art 14A ins by s 2 of Nineteenth Amendment to the Constitution.]
15. Restrictions on fundamental rights.
(1) The exercise and operation of the fundamental rights declared and recognised by Articles 13(5) and13(6) shall be subject only to such restrictions as may be prescribed by law in the interests of national
security. For the purposes of this paragraph “law” includes regulations made under the law for thetime being relating to public security.
(2) The exercise and operation of the fundamental right declared and recognised by Article 14(1)(a) shallbe subject to such restrictions as may be prescribed by law in the interests of racial and religious
harmony or in relation to parliamentary privilege, contempt of court, defamation or incitement to an
offence.
(3) The exercise and operation of the fundamental right declared and recognised by Article 14(1)(b) shallbe subject to such restrictions as may be prescribed by law in the interests of racial and religious
harmony.
(4) The exercise and operation of the fundamental right declared and recognised by Article 14(1)(c) shallbe subject to such restrictions as may be prescribed by law in the interests of racial and religious
harmony or national economy.
(5) The exercise and operation of the fundamental right declared and recognised by Article 14(1)(g) shallbe subject to such restrictions as may be prescribed by law in the interests of national economy or in
relation to—(a) the professional, technical, academic, financial and other qualifications necessary for practising any
profession or carrying on any occupation, trade, business or enterprise and the licensing anddisciplinary control of the person entitled to such fundamental right; and(b) the carrying on by the State, a State agency or a Public Corporation of any trade, business,
industry, service or enterprise whether to the exclusion, complete or partial, of citizens or otherwise.
(6) The exercise and operation of the fundamental right declared and recognised by Article 14(1)(h) shallbe subject to such restrictions as may be prescribed by law in the interests of national economy.
(7) The exercise and operation of all the fundamental rights declared and recognised by Articles 12, 13(1),13(2) and 14 shall be subject to such restrictions as may be prescribed by law in the interests ofnational security, public order and the protection of public health or morality or for the purpose of
securing due recognition and respect for the rights and freedoms of others or of meeting the justrequirements of the general welfare of a democratic society. For the purposes of this paragraph “law”
includes regulations made under the law for the time being relating to public security.
(8) The exercise and operation of the fundamental rights declared and recognised by Articles 12(1), 13 and55

RESOURCE MATERIAL SERIES No. 113
14 shall, in their application to the members of the Armed Forces, Police Force and other Forcescharged with the maintenance of public order, be subject to such restrictions as may be prescribed bylaw in the interests of the proper discharge of their duties and the maintenance of discipline amongthem.
16. Existing written law and unwritten law to continue in force.
(1) All existing written law and unwritten law shall be valid and operative notwithstanding any
inconsistency with the preceding provisions of this Chapter.
(2) The subjection of any person on the order of a competent court to any form of punishment recognisedby any existing written law shall not be a contravention of the provisions of this Chapter.
17. Remedy for the infringement of fundamental rights by executive action.
Every person shall be entitled to apply to the Supreme Court, as provided by Article 126, in respect of
the infringement or imminent infringement, by executive or administrative action, of a fundamental rightto which such person is entitled under the provisions of this Chapter.

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PARTICIPANTS’.PAPERS
Annexure B.–.Mithuru.Piyasa.Centres.in.Sri.Lanka
Jau

Kilinoch
Mullait
VavuniMann

Anuradha

Trincom

Polonnar

PuttalBattica
Mata

Kuruneg

Gampa

Kan

Kegal

Ampa
Badul

Colom

NuwaraKalut

RatnapMonarag

Hambant

Gal
Mata

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RESOURCE MATERIAL SERIES No. 113
Annexure C – Interview with ASP Mr Uduwara of Welikada Prison.
Interview with Rehabilitation Officer Ms. Sumadhu

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PARTICIPANTS’ PAPERS

VII. BIBLIOGRAPHY
Policy Framework and National Plan of Action to address Sexual and Gender-based Violence (SGBV) in Sri
Lanka 2016-2020
Prison Statistics of Sri Lanka 2021 Vol. 40- Year 2021 published by Statistics Division, Prison headquarters,
Colombo 09 Sri Lanka
Websites (Accessed on 24.09.2021)
http://prisons.gov.lk/web/wp-content/uploads/2021/05/prison-statistics-2021.pdf

59