Taking into account widespread incidents of sexual harassment in public transportation alongside instances of sexual bribery, Minister of Justice, Prisons Affairs, and Constitutional Reforms Dr. Wijeyadasa Rajapakshe has proposed to introduce a new provision to the Penal Code that criminalises sexual assault and all forms of sexual harassment and a new section to impose severe punishment for the same, and also to recognise sexual bribery as an offence. Following its approval by the Cabinet of Ministers on Monday (12), the relevant Bill is now scheduled to be drafted.

This step is a timely one, in a context where recent studies conducted by local activists have shown that the absence of laws specifically criminalising sexual bribery is an issue, and that to effectively address such cases, such laws would be extremely useful. At the same time, with increased usage of technology, more and more ways in which sexual harassment could take place have emerged. This raises the importance of the proposed new laws providing for legal action against previously unrecognised forms of sexual harassment. Given the manner in which the legal definition of sexual harassment has evolved in recent years, it could be recommended that the authorities discuss the opinions of activists working with regard to sexual harassment cases and victims of the same. 

At the same time, the Government Information Department noted that it is observed that sexual harassment persists despite the existence of legal provisions – i.e. Section 345 of the Penal Code – to take action against such cases. It is therefore important that the proposed new laws also rectify any flaws that exist within the current laws, or their implementation.

Given the sensitive nature of the issues this legal reform is aiming to address, especially those involving adolescents, raising awareness among the law enforcement authorities plays a key role in this matter. Activists have pointed out how many instances of victims of sexual harassment, especially online sexual harassment, have not received the assistance sought, and worse, been discriminated against and neglected at Police stations, result from the lack of knowledge and awareness on how to deal with such victims. 

Furthermore, these activists have attributed this lack of knowledge and awareness to the unsatisfactory results of investigations into such harassment, which is a cause for concern. In this context, with the enactment and enforcement of these legal reforms, the Police officers who will be tasked with dealing with such cases should be educated on how to deal with victims; and in the event professionals not among the law enforcement authorities are involved in investigations, they too should be educated about the same.

This move is aimed at addressing an issue that has existed for decades, and therefore, it is crucial to put this proposal into action without delay, and ensure its prompt and strict enforcement. While laws alone cannot eradicate any social issues, sexual harassment is an issue that is linked to various social and economic factors. Therefore, it is advisable that the authorities do not rely solely on these new legal reforms, and that they increase the level of attention paid to such factors.