“Do not! Cannot! and Know your place!

”- Let’s end
it!

Gender Stereotypes and Harmful Cultural Practices in Sri

Lanka: An Analytical Study
Rajendran Pavithra LL.B (Hons.)

Attorney- at-Law

Lecturer (Probationary)

Department of Public and International Law, Faculty of Law

University of Colombo

1. Introduction

"Culture consists of patterns, explicit and implicit, of and for behaviour acquired and
transmitted by symbols, constituting the distinctive achievements of human groups, including
their embodiment in artifacts; the essential core of culture consists of traditional (i.e.
historically derived and selected) ideas and especially their attached values; culture systems
may, on the one hand, be considered as products of action, on the other, as conditional
elements of future action."
Kroeber & Kluckhohn 1952: 181; cited by Adler 1997: 141

The above mentioned definition is fair enough to explain what a culture means. Culture is the
most essential tool which reflects any community. Culture can teach us anything about a
community from top to bottom. Put simply, Culture is the heart of a community.

In Sri Lanka, we can find a pluralistic culture that follows various practices from their birth
among themselves. Mainly there are four major races in Sri Lanka and among those also
there are different practices. As an instance, among the Sinhalese who live in the coastal area,
there have different cultural practices than the Sinhalese who live upcountry. Having this
kind of plural cultural system is good and in the meantime also difficult for some people.
Women and Children take the number one place in terms of vulnerability in Sri Lankan
multicultural system. Women and Girl children physically, mentally and socially suffer from
many of the gender stereotype cultural practices in their day today life.

This paper attempts to identify compliance and non-compliance of those Gender Stereotypes
and Harmful Cultural Practices in light of the provisions of CEDAW, the Nation’s responses

1
https://carla.umn.edu/culture/definitions.html , accessed on 02.12.2020 at 5.30 p. m

1
as steps taken to prevent particular cultural practices and policies, legal provisions and its
effectiveness. Also, this paper tries to suggest recommendations and reform to end those
issues in Sri Lanka. Now we will discuss these under the following topics.

2. Gender Stereotypes and Harmful Cultural Practices in Sri Lanka: An

Analytical Study

As mentioned in the introduction, there are different gender stereotype cultural practices
followed by various communities in Sri Lanka. The following figures will give you a proper
picture on harmful cultural practices followed against women and girl children in Sri Lanka.

Figure 1: Gender stereotype cultural practices facing by a Sri Lankan woman.

Dowry for marriage Husband's house as

matrimonial house

Taboo (Discriminating and

Widowhood practices Isolating while
(Events after the death of menstruation and after
the Husband) giving a birth to a child)

Virginity test immediate All kind of Forced

after marriage marriages

2
Figure 2: Gender stereotype cultural practices facing by a Sri Lankan girl child.

Genital Mutilation Puberty Ceremonial

Virginity related customary

Ill-treatments of a daughter practices and beliefs
in family (Dressing, Foods
and etc)

Taboo (Isolating in All kind of Forced

menstruation period) marriages

Figure 1 and 2 by Author

Now we will discuss each point separately in accordance with CEDAW, CRC and evaluate
the steps and mechanisms taken by the Sri Lankan Legal framework.

Dowry plays an essential role in marriage in most of the communities of Sri Lanka. Partially,
dowry comes under lawful practice because of its recognition under personal laws 2 and in
some instances under General Law3 as well. Under all the above mentioned laws the dowry is
not a mandatory requirement for a valid marriage. But, demanding dowry and deciding the
value of dowry is done by the groom's side and this leads the woman into trouble. Dowry is
considered a remarkable symbol of a bride's parents’ pride and if the bride's parents are not in
a position to fulfill the expectation of the groom or the groom's relations the wedding does
not take place. In this situation a particular woman loses her right to marriage which is
described in Article 16 (1) a and b of the CEDAW. Now we will evaluate the steps taken to
protect the woman's right against this particular practice.

2
See section 97 – Muslim marriage and Divorce Act (1951) (Muslim Law), See Murugesu Vs T. Subramaniam
(1967) S. C. 453/6 (Tesawalamai Law) and See section 2 – No 25, 1944 (Kandyan Law)
3
Generally, Marriage could be considered as a reason of the creation of the Deed of gift under Roman-Dutch
Law of Sri Lanka

3
One might argue that legal recognition of dowry is a misleading step but still the recognition
of a customary practice will lead to equality as well. For an instance, the Muslim marriage
and divorce Act recognizes kaikuli.4 The, Muslim Marriage and Divorce Act of 1951 takes a
step further and empowers the Quazi courts to adjudicate upon claims on kaikuli and it made
available to a married woman the right to revoke her kaikuli after the dissolution of marriage.
But this provision is only applicable when value of the kaikuli is entered in the marriage
certificate. If not it can be decided in the district courts. 5 In my opinion, these difficulties in
the application of the law still make them vulnerable. Dowry in Muslim marriages was taken
into consideration in the last year’s concluding observation report on Sri Lanka.6 It requested
to abolish the kaikuli. Still, the State didn't finalize any legal instrument to fulfill this goal.
The Kandyan law and the Tesawalamai law recognize dowry as an option7 but as mentioned
before dowry still plays an essential role in marriages and discriminates against a woman's
right to marriage. The concluding observation report on Sri Lanka considered other personal
laws on dowry as well.8 But nothing is made enforceable laws or policies yet. So the State
must take the fundamental step of enforcing the suggestions placed in the concluding
observation report.

Menstruation (Maternal bleeding) and giving birth to a child or the so called ‘motherhood’ is
respected by anyone. But in some communities of Sri Lanka, these are seen as taboo 9 and the
women and girls have been isolated within the time period until the bleeding stop. This
particular practice is strictly followed by both Tamil speaking Hindus who originate from
Jaffna and India (Upcountry based Hindus). They have isolated woman/girl who undergo
menstruation and restrict their food intake, sleeping positions, sanitary matters etc. Apart
from these, prayers and visiting temples in these days are completely prohibited for them.
This is of course a violation of Freedom of Religion which is mentioned as an absolute Right
for any person under the Superior Law of the Nation. 10 Also, it is a complete discriminate
provision according to CEDAW.11

4
See section 97 of Muslim marriage and Divorce Act (1951)
5
“ kaikuli ‘pure and simple’ which falls within the definition of the Act of 1951, and which is recoverable before
the Quazi Court is the amount of kaikuli entered in marriage register. When there is no entry in register that
kaikuli was given ,it has to be recovered from regular courts (District Court) by establishing creation of trust”
Mahboob V Misry (1968) MMDR 81
6
“ The Ministry of Women proposed to abolish giving of dowry (kaikuli). The alternative proposal is that
movable/immovable property given to each other at the time of the nikah ceremony should be registered to be
returned to the relevant parties in the event of dissolution of marriage”, Concluding observations on the eighth
periodic report of Sri Lanka (2019) Clause 18
7
Op cit 2
8
Concluding observations on the eighth periodic report of Sri Lanka (2019) Clause 13 and 30
9
See the ‘Annexure’
10
The Constitution of the Democratic Socialist Republic of Sri Lanka, Department of Government Printing Sri
Lanka, (1978) Article 10
11
“States Parties shall take in all fields, in particular in the political, social, economic and cultural fields, all
appropriate measures, including legislation, to ensure the full development and advancement of women, for the
purpose of guaranteeing them the exercise and enjoyment of human rights and fundamental freedoms on a basis
of equality with men” Convention on the Elimination of All Forms of Discrimination against Women (1979)
Article 3

4
According to the guidelines provided by the United Nations Children’s Fund (UNICEF),
Girls need a special physical and mental surrounding when they undergo menstruation.12 But,
the above mentioned practices are myths and they completely ruin the UNICEF guidelines.
Also it traumatizes the woman and especially a girl child in the long term. In my opinion,
isolating a woman, especially a child, causes them to be pushed into an unsecured future
which then leads to an unsuccessful life. In the meantime, the Women's Charter of Sri Lanka
impliedly makes an opportunity to the State to grant this guideline given by UNICEF. 13
According to article 13 (ii) (b) of the Charter the State must ensure the following:

"...the provision of the highest available standards of health care, quality services in
connection with pregnancy, confinement and the post-natal period, free services and social
support where necessary and ensuring sufficient rest during pregnancy and lactation,
including special protection and safeguards for women in custody"

This provision has a wide meaning but there is no instrument of Law or policy that
recognizes this issue as a malpractice. There is another practice in Sri Lanka similar to this,
which is harmful for the health of a woman and child called “Genital Mutilation or Female
Circumcision”. We will address this issue now.

The person who follows Islam as their religion considers Male Circumcision as a mandatory
practice, but the case of Female Circumcision or Genital Mutilation is different from this. Not
all Muslims consider Female Circumcision as a mandatory requirement to be a pure Muslim
woman; only a few follow this practice.14 This issue must be taken into account of sameness
theorists’ perspective15, i.e. among Muslim girl children only few experienced this
malpractice thus some Muslim girl children are discriminate for being family members of
believers of female circumcision from same persons as them. This particular practice is
secretly carried out before the family members and no law addresses this issue. But as I
mentioned before the ultimate object of article 13 of the Women's Charter must be enforced
to mete out justice to women, but the Law enforcing bodies are blind to see these issues. In
my opinion, in both situations the woman and girl feel shame and are afraid to raise their
voice against their community. Deep within themselves, most of the time women and girls
believe these myths as their customs. However, this practice also harms the girl child
physically and causes traumatic suffering during her day to day life including her elderly
period.

Genital Mutilation is violating the articles 2,5 and 12 of CEDAW 16 and articles 1(1), 3(2),6,
16(1),19,37 and especially Article 24 of the CRC.17 I would like to draw your attention to the
general recommendation on Female circumcision, No. 14 of 1990. This special treaty has
12
See “Guidance on Menstrual Health and Hygiene” United Nations Children’s Fund (UNICEF), (2019)
13
Women's Charter of Sri Lanka, National committee on Woman- Ministry of Women’s Affair (1993) Article
13 (ii) (b)
14
According to an Interview conducted on 2020.10.16
15
Introduction to Feminist Jurisprudence, Hilaire Barnett, Cavendish Publishing Limited (1998) 71
16
Convention on the Elimination of All Forms of Discrimination against Women (1979) Article 2,5 and 12
17
Convention on the Rights of the Child (1989) articles 1(1), 3(2),6, 16(1),19,24 and 37

5
been adopted to cover all issues related to genital mutilation. In the preface it clearly
mentioned that genital mutilation is harmful for women's health.18 Further, the treaty has
recommended a data-based system19 to identify the victims which Sri Lanka has not taken
into account and it has not even identified these girls as victims and this issue as a
malpractice. But according to the last year’s Concluding observation Report on Sri Lanka, the
Department of Census and Statistics in collaboration with the United Nations Population
Fund conducted a survey on gender based violence (GBV) with a view to identifying the
prevalence and the incidences of such violence against women (VAW) and girls in Sri
Lanka.20 This is the best platform to adopt the above mentioned data-based system suggested
by the General recommendation on Female circumcision to help the victims.

Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination

against Women/general comment No. 18 of the Committee on the Rights of the Child on
harmful practices (Joint Recommendation) have also recognized genital mutilation as a
harmful practice for both woman and child as it may have various immediate and/or long-
term health consequences, including severe pain, shock, infections and complications during
childbirth (affecting both the mother and the child), long-term gynecological problems such
as fistula, psychological effects and death.21 According to all of this, genital mutilation is a
severely harmful for the girl and woman and must be abolished soon.

Child marriage and forced marriages are the next harmful cultural practices that take place in
Sri Lanka. According to General Law Child marriage or marriage before 18 years are
completely prohibited.22 But Muslim law is an exception to this. A Muslim parent can
organize nikkah (Marriage) for their 12-18 years old girl child.23 This is recognized by law as
well and therefore without an amendment to the Muslim law this legally recognized
malpractice never can be changed. The 2019 concluding observation has taken this issue as
well.24 But nothing has been enforced yet. However this is a severe violation of articles 3,19
18
“[…]Concerned about the continuation of the practice of female circumcision and other traditional practices
harmful to the health of women” General recommendation No. 14 of Female circumcision (1990) Preamble
19
“The collection and dissemination by universities, medical or nursing associations, national women’s
organizations or other bodies of basic data about such traditional practices…” General recommendation No.
14 of Female circumcision (1990) a
20
See clause 32 of Concluding observations on the eighth periodic report of Sri Lanka (2019)
21
“Female genital mutilation, female circumcision or female genital cutting […….]It may have various
immediate and/or long-term health consequences, including severe pain, shock, infections and complications
during childbirth (affecting both the mother and the child), long-term gynecological problems such as fistula,
psychological effects and death” Joint general recommendation No. 31 of the Committee on the Elimination of
Discrimination against Women/general comment No. 18 of the Committee on the Rights of the Child on
harmful practices (2014) Clause 19
22
Marriage Registration (Amendment) Act No 18, (1995) Section 15
23
The Marriage Registration Ordinance No 19, (1907) Section 64 and Penal Code, Government of Sri Lanka-
Legislation Enactments (1883), Section Exception of section 363
24
“The Ministry of Women expresses concern that girls below 12 years of age continues to occur without
approval even though Section 23 of the MMDA includes provisions restricting registration of marriages of
Muslim girls below the age of 12 without prior inquiry and authorization by a Quazi from the area in which the
minor resides. The Ministry of Women proposed that the minimum age of marriage should be raised to 18 years
without exceptions and that all marriages should be registered with signatures from both the bride and the
bridegroom to prevent the male guardian (wali) from consenting on the bride’s behalf” Concluding

6
and 27 of the CRC25, and the prescribed parental responsibility under Article 16 (1) d of
CEDAW.26

Joint Recommendation states child marriage as follows:

"Child marriage, also referred to as early marriage, is any marriage where at least one of
the parties is under 18 years of age. The overwhelming majority of child marriages, both
formal and informal, involve girls, although at times their spouses are also under 18 years of
age. A child marriage is considered to be a form of forced marriage, given that one and/or
both parties have not expressed full, free and informed consent. As a matter of respecting the
child’s evolving capacities and autonomy in making decisions that affect her or his life, a
marriage of a mature, capable child below 18 years of age may be allowed in exceptional
circumstances, provided that the child is at least 16 years of age and that such decisions
are made by a judge based on legitimate exceptional grounds defined by law and on the
evidence of maturity, without deference to culture and tradition"27

Accordingly, marriage between the ages of 16-18 years can be accepted under "legitimate
exceptional grounds", and these terms have deep meaning. According to criminal law of Sri
Lanka Marriage under the age of 16 years is considered as statutory rape 28 but between the
ages of 16-18 is a question of law. In light of the recommendation, marriage between 16-18
years can be considered an exceptional situation, and still when accepting this interpretation,
the maturity of the child takes priority and not the parent's or a third person's consent.

Forced marriage includes many forms of marriages that are done without a woman/child's
consent. These types of malpractices are well explained in the Joint Recommendation29.

observations on the eighth periodic report of Sri Lanka (2019) Clause 14

25
Convention on the Rights of the Child (1989)
26
“ The same rights and responsibilities as parents, irrespective of their marital status, in matters relating to
their children; in all cases the interests of the children shall be paramount” Convention on the Elimination of
All Forms of Discrimination against Women (1979)
27
Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against
Women/general comment No. 18 of the Committee on the Rights of the Child on harmful practices (2014)
Clause 20
28
Penal Code, Government of Sri Lanka-Legislation Enactments (1883) Amedment Act of No 22 of 1995
Section 363
29
“Forced marriages are marriages in which one and/or both parties have not personally expressed their full
and free consent to the union. They may be manifested in various forms, including child marriage, as indicated
above, exchange or trade-off marriages (i.e. baad and baadal), servile marriages and levirate marriages
(coercing a widow to marry a relative of her deceased husband). In some contexts, a forced marriage may
occur when a rapist is permitted to escape criminal sanctions by marrying the victim, usually with the consent
of her family. Forced marriages may occur in the context of migration in order to ensure that a girl marries
within the family’s community of origin or to provide extended family members or others with documents to
migrate to and/or live in a particular destination country. Forced marriages are also increasingly being used by
armed groups during conflict or may be a means for a girl to escape post-conflict poverty. Forced marriage
may also be defined as a marriage in which one of the parties is not permitted to end or leave it. Forced
marriages often result in girls lacking personal and economic autonomy and attempting to flee or commit self-
immolation or suicide to avoid or escape the marriage” Joint general recommendation No. 31 of the Committee
on the Elimination of Discrimination against Women/general comment No. 18 of the Committee on the Rights

7
Marriage for demand of dowry or payments, getting married to relatives, getting married with
any person without a woman's consent will be a violation of Article 16 of CEDAW. 30 This
was well explained in General recommendation of the Article 16 as follows:
"A woman’s right to choose a spouse and enter freely into marriage is central to her life and
to her dignity and equality as a human being. An examination of States parties’ reports
discloses that there are countries which, on the basis of custom, religious beliefs or the
ethnic origins of particular groups of people, permit forced marriages or remarriages. Other
countries allow a woman’s marriage to be arranged for payment or preferment and in others
women’s poverty forces them to marry foreign nationals for financial security. Subject to
reasonable restrictions based for example on a woman’s youth or consanguinity with her
partner, a woman’s right to choose when, if, and whom she will marry must be protected and
enforced at law"31

In light of this, entering into a marriage has been defined as part of right to life with dignity
as well as right to equality. As we all know, in Muslim marriages, bride's consent is
irrelevant32 and this provision received consideration of the concluding observations33 but still
nothing is enforced. Apart from Muslim law there are a number of marriages that happen
with de jure (lawful) consent of the woman represented via the signature at the registration of
the marriage without that woman’s de facto (actual) consent. However according to the
GMRO, if a marriage is sufficiently proved as a forced marriage it can be made null and void
by Court.34 In my opinion either if a woman is not brave enough to raise her voice or did not
get the required support from a trustworthy person this will never happen.

Widely in Sri Lanka, there are intolerable practices that happen. Sri Lankans have already
made roles for men and women since their birth. Probably this practice arises from within the
family through the unequal treatment between sons and daughters. Sons use to call as “Son
of lions" and they have been treated very well by family members. Daughters’ status in the
family is the reverse. In various circumstances girl children are discriminated against their
opposite gender siblings through attire, food, households etc. This affects them
psychologically and it continues for a long term. They also start believing in these made up
roles as mentioned and step back warded in their life.

of the Child on harmful practices (2014) Clause 23

30
“States Parties shall take all appropriate measures to eliminate discrimination against women in all matters
relating to marriage and family relations and in particular shall ensure, on a basis of equality of men and
women:
(a) The same right to enter into marriage;
(b) The same right freely to choose a spouse and to enter into marriage only with their free and full consent”
Convention on the Elimination of All Forms of Discrimination against Women (1979) Articles16 (1) a and b
31
General recommendation No. 21: Equality in marriage and family relations (1994) clause 16
32
Muslim Marriage and Divorce Act No 14 of 1951 , Section 17 (2)
33
Concluding observations on the eighth periodic report of Sri Lanka (2019) Clause 14

34
The Marriage Registration Ordinance No 19, (1907) Section 46

8
This particular gender stereotype customary practice is especially recognized by the Joint
Recommendation as follows:
"The practices include, but are not limited to, neglect of girls (linked to the preferential care
and treatment of boys), extreme dietary restrictions, including during pregnancy (force-
feeding, food taboos)..."35

So, the first thing any Sri Lankan must know is that this is a harmful practice which is very
discriminatory to girl children. Also, this particular practice violates the very first article of
CEDAW36 and Article 2 of the CRC37. Also it directly violates the "best interest of a child"
standard which is prescribed in both CEDAW38 and CRC39.

According to the 2019 concluding observation report, in June 2016, Sri Lanka adopted the
Policy Framework and National Plan of Action to Address Sexual and Gender Based
Violence (SGBV) in Sri Lanka.40 This Policy Framework applies across nine key areas, and
the first area is Child affairs. So above mentioned Action, must be take this gender biased
practice into their consideration. The State as the upper guardian of a child holds a key
responsibility for the survival and development of the child.

Organizing puberty ceremonies41, squeezing first milk from a infant girl child's breast 42, Send
a married woman to her husband's home after the marriage and according to Kandyan law its
legally valid as if type of marriage did not mentioned it automatically consider as diga 43,
Widowhood practices (Events and the threnody ceremony for widows after the death of her
spouse)44, laying a white sheet to check for a woman's virginity before marriage 45 and
marginalizing women by calling them "widow" and "Infertile woman"/ Childless
woman"46are the other harmful practices against women and girl in Sri Lanka. But all these
are contradictory to CEDAW and related standards.47
35
Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against
Women/general comment No. 18 of the Committee on the Rights of the Child on harmful practices (2014)
Clause 9
36
Elimination of All Forms of Discrimination against Women (1979) Articles 2
37
Convention on the Rights of the Child (1989)
38
Elimination of All Forms of Discrimination against Women (1979) Articles 16 (1) d, e and f
39
Convention on the Rights of the Child (1989) Article 3
40
Concluding observations on the eighth periodic report of Sri Lanka (2019) Clause 31
41
See the ‘Annexure’
42
See the ‘Annexure’
43
Kandyan Marriage and Divorce Act, No 44 (1952) Section 29
44
See the ‘Annexure’
45
See the ‘Annexure’
46
See the ‘Annexure’
47
“[…….]virginity testing and related practices, binding, scarring, branding/infliction of tribal marks, corporal
punishment, stoning, violent initiation rites, widowhood practices, accusations of witchcraft, infanticide and
incest.3 They also include body modifications that are performed for the purpose of beauty or marriageability
of girls and women (such as fattening, isolation, the use of lip discs and neck elongation with neck rings)4 or in
an attempt to protect girls from early pregnancy or from being subjected to sexual harassment and violence
(such as breast ironing). In addition, many women and children increasingly undergo medical treatment and/or

9
Until now we have discussed the harmful customary practices and its compliance and non-
compliance with CEDAW and related standards and the suitable recommendations for each
practice. Now we will discuss the preliminary and general recommendations to reform all
gender stereotypical customary practices.

3. General Recommendations
According to the findings of my research the fundamental reasons that encourage gender
stereotype harmful practices are follows:
● Legal recognition of gender stereotypical harmful practices
● Lack of education and awareness on gender stereotypical harmful practices
● Under-utilization of domestic and international laws/standards
Most of the gender stereotypical harmful practices are legally recognized. Especially,
Muslim, Tesawalamai and Kandyan Law. Concepts of dowry, forced marriage are so far
accepted by law. So engaging with these practices and enhance those will make women and
children automatically more vulnerable. To prevent this, the above mentioned suggestions
offered by the concluding observation report must be enforced soon.

The Family and Education Institutes (Pre-School, School and Universities) are playing a
large role in developing a person's knowledge and who he/she is going to be. During the
pregnancy period the parent must be educated on how to treat their children to obtain the goal
of "Best interest of the Child". On the other hand gender stereotyping ideology must be
changed from the very beginning; to achieve this, gender stereotype education must be
abolish. This point is articulated in the concluding observation Report of 2019 as follows:
"The Ministry of Women also works alongside the Ministry of Education to introduce gender-
sensitive policies to all levels of education, and to conduct a study on and respond to gender
stereotyping in textbooks, syllabi, and other materials"48
In my opinion, enforcing this might cause strong and futuristic betterments to women and
girls to mete justice.

From Article 12(4) of the Constitution, utilizing laws with its higher pleasure is an
unreachable goal. In Sri Lanka there are some policies and mechanisms which are never
utilized by justice seekers and providers. The best example is the Women's Charter;

plastic surgery to comply with social norms of the body, rather than for medical or health reasons, and many
are also pressured to be fashionably thin, which has resulted in an epidemic of eating and health disorders”
Joint general recommendation No. 31 of the Committee on the Elimination of Discrimination against
Women/general comment No. 18 of the Committee on the Rights of the Child on harmful practices (2014)
Clause 9
48
Concluding observations on the eighth periodic report of Sri Lanka (2019) Clause 41

10
according to Articles 14 and 15 of the Charter, there is a widely open gate to end gender
stereotypical customary practices as follows:
14. The State shall take all appropriate measures to:
i. promote social and cultural attitudes with a view to achieving the elimination of prejudices
and customary and all other practices which are based on the idea of the inferiority or the
superiority of either gender and stereotyped roles for men and women;
ii. prevent the portrayal of negative images of women in all forms of media; and
iii. eliminate all forms of exploitation of, trafficking in and prostitution of women and
children.
15.The State shall;
i.work towards the elimination of negative social attitudes towards widows, divorcees, single
parents, single women and any vulnerable groups of women;
ii.take all steps to ensure that such women do not suffer social and economic discrimination;
and
iii.take positive action to ensure their participation in the mainstream of society49.
Finally, following CEDAW, CRC and related standards in all possible ways to close the
gender gap will be always helpful to mete out justice and protect the rights of Girls and
Women who are the two eyes of the Country.

4. Conclusion
In conclusion, I like to draw your attention to how originally our cultures began with certain
main roles for the woman. According to Sinhala speaking Buddhist, Lord Buddha is the
pioneer of Buddhism. Historically, Sangamitha, a woman, brought Buddhism along with the
very first ‘Bodhi tree (Royal tree). Same time, a queen called Hemamala is the one who
brought ‘Dhanthathaadhun vahanse’ (Buddha’s pure teeth) by protecting it with her hair.

49
Women's Charter of Sri Lanka, National committee on Woman- Ministry of Women’s Affair (1993) Article
14 and 15

11
Sangamitha brings ‘Bodhi tree’ to Sri Lanka Queen Hemamala
protecting
‘Dhanthathaadhun vahanse’ in her
hair

Tamil speaking Hindus are the main community who believes in goddess. According to them
Goddess Parvathy possess equal share on God Siva’s body, which means woman and men
are equal and both woman and men are jointly needed for the survival of the world. They
believe the ‘lingam’ is the rational meaning of any living being, without realizing lingam
expresses the idea of ‘gender equality’.

‘Arthanareeshvarar’ - Godess Parvathy

posses equal share in God Shiva’s (Shankar)
body

Muslims of Sri Lanka is next in my list as those

who discriminate against women in several
ways. But the prophet Muhammad married a
widow who loved and choose him and who was
older than him and it expressly shows that a
woman can independently choose her life partner without any discrimination. Among
Christians they truly believe in St. Mary as the Virgin mother and never
oppressed/discriminate her for being a virgin mother, also there are many bible stories which
show Holy Jesus’ responses against gender stereotypical malpractices.

Lady Khadeeja and Prophet

Mohammed – Khadeeja meets
Prophet Mohammed while he was
engaging with business

12
Holy Jesus rescues a prostitute from
being
ill-treatment and punishment

I have taken these examples from religions. No any religion has originally discriminated
anyone. But some patriarchal perspective of people started to do these in the name of religion
and race. This must be abolished. Women are also human beings who are created by
God/Nature or Science as same as men. So discriminating and underestimating them in the
name of culture is a shame for anyone who does. This thought must be developed within
everyone from birth. Then only woman can be released from these intolerable malpractices.
(Photos from internet)

‘Annexure’
Note:
In this part I have gathered definition and process of some different gender stereotypical
harmful customary practices which are only practiced in Sri Lanka from Opinions of Experts
and field related individuals, and also from my own experience.

Taboo

13
Taboo means marginalizing a person for some reason. In Sri Lanka Sinhalese and Hindus
practice this against women in her menstrual period after giving birth to a child. Also Hindus
and Muslims normally use to practice this in ordinary menstrual period. It means in each
month a woman or elderly child is marginalized and isolated from her family. Also they are
prohibited from praying. I have interviewed a Hindu monk on this regard, and according to
him this practice has started due to the belief that menstrual period is an illness and even in
some Hindu temples goddess statue is sorted and isolated for three days in each month from
god statue mentioning goddess has taboo. This was so controversial in my view.

Puberty Ceremonial

Puberty is a natural phenomenon that any woman undergoes. Sri Lankan Tamil and Sinhala
community have a tradition to celebrate this as an event. Especially, the Tamil speaking
Hindu community has this tradition and they celebrate this as if it is a wedding. This leads the
child to be ashamed as well. According to my view, treating menstrual bleeding as taboo and
then celebrating the very first menstrual bleeding as a ceremony is totally foolish and
completely weird.

Widowhood practices (Events after the death of a woman’s husband)

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Among Tamil speaking Hindu community there is an event which is held for a woman after
her spouse’s death. In the day particular widow made up like a bride then other women
remove all her belongs while crying loudly (threnody). From that day onwards that woman is
never allowed to wear colourful attires, forehead spot (pottu) and flowers in her hair. I view
this as a complete ill treatment towards women.
Customary practices related to Virginity

Beliefs about virginity are highly influential in Eastern countries. Sinhalese deeply believe
this and they spread a white sheet to see if the bride bleeds on her first night after marriage to
ensure that she is a virgin before the marriage. This malpractice is almost gives up by most of
the people but still some Sinhalese do continue this practice. This particular malpractice is
much criticized by the Tele drama called “Sudu sela”.
Oppressing woman by calling them “widow” and “Infertile woman”

A widow or an infertile woman is seen as a taboo person in the Sri Lankan community. They
are prohibited from participating in various events within their community such as marriages
and ‘Kiri amma dhana’ i.e. an almsgiving in the Sinhalese community, events at the temple
etc... Also they looked upon as a bad sign by others and these cause psychological trauma to
these women.

Infant Practices (Squeezing milk from an infant)

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This was a very harmful practice followed by Muslims and some Hindus in Sri Lanka. They
believe that squeezing milk until it comes out of an infant girl’s breast would ensure that the
child would have healthy breast milk for her child after her marriage. Some infant’s release
blood rather than milk. This is a very harmful practice which must be abolished soon.
(Photos from internet)

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