Failed to Ensure Justice: MMDA and Family Law Under Spotlight as Women’s Declaration Calls for Urgent Reform

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In a landmark effort to advance gender justice, a comprehensive Women’s Declaration: Family Law and Practices in Sri Lanka was formally presented to government leaders on Saturday at the Taj Samudra Hotel, Colombo.

The declaration, calling for urgent reform of discriminatory laws such as the Muslim Marriage and Divorce Act (MMDA), was handed over to Minister of Women’s Affairs Saroja Savithri Paulraj and Minister of Justice Harshana Nanayakkara. The event marked the centerpiece of the National Feminist Dialogue on Gender-Just Family Law, organised by the Suriya Women’s Development Centre in collaboration with feminist lawyers, rights groups, and activists nationwide.

Far from being an abstract legal document, the declaration reflects 35 years of grassroots work by Suriya in the Eastern Province, supporting women and girl survivors of violence, women-headed households, and war-affected communities. It highlights how Sri Lanka’s legal system perpetuates harm, excluding and retraumatising those marginalised by class, caste, ethnicity, religion, and region.

Cited as failing to ensure justice are the Prevention of Domestic Violence Act (PDVA), MMDA, Marriage Registration Ordinance (MRO), Maintenance Act, and the Birth and Death Registration Act. The declaration also outlines systemic failures such as police neglect, court delays, and lawyers lacking sensitivity in handling cases.

“This is structural violence within the legal system itself,” the Centre stated, stressing that reforms must be survivor-centred and developed with grassroots consultation rather than imposed from above.

Ministers Paulraj and Nanayakkara both welcomed the initiative.

Minister Paulraj emphasised that “every woman, regardless of her marital status or any other grounds, must be recognised as a full and equal citizen.” She reiterated the government’s commitment to the National Policy on Gender Equality and Women’s Empowerment and ongoing steps to support women-led enterprises and curb harassment in public services.

Minister Nanayakkara acknowledged the systemic flaws in family law: “Barriers impede equitable access to justice, and an adversarial system often undermines constructive dispute resolution in sensitive matters like marriage, divorce, and child custody.” He underlined the importance of collaboration with civil society and legal experts, saying, “As politicians, we have to learn from you.”

The declaration is expected to spark wide-ranging dialogue on overhauling family laws in Sri Lanka, including the controversial MMDA, to ensure dignity, equality, and justice for women and children.

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