Challenges to property rights of women under the Sri Lankan legal perspective

Abstract

According to the prevailing patriarchal system in Sri Lanka, traditionally the male is designed as the head of the household regardless of whether he is the primary source of economic support or not. Females in families are marginalized. Now women have become economic actors in society and they have a new role to play to enhance family income in the face of economic hardship. Convention on Elimination of the All Forms of Discrimination against Women was ratified by the majority of the world's nations. One of the basic objects of this treaty is the equality of women and men. Despite many successes in empowering women, numerous issues still exist in all areas. Non-recognition of women's property rights have been identified as a major challenge for women's rights. In Sri Lanka 30% of women own property and 90% rural households in the North- East is female households. The research is mainly based on the literature review in relation to women's property rights under the General Law statutes of Sri Lanka. This research is particularly based on the 1978 Constitution of Sri Lanka, International Convention on Elimination of the All Forms of Discrimination against Women, statutes and academic expressions. Indian Constitution and the South African laws are cited to make recommendations to the challenges faced by women. Women have improved their role in society, but still, the laws discriminate women with regard to property rights of women and marginalizing their role persists. Also, women have been disadvantaged by centuries of customs, tradition and social practices and to ratify these discriminatory practices will take more than changing women's legal rights. Law is limited in its ability to effect social changes. Awareness should arise among lawmakers to protect women's legal rights, amend the present laws and prevent future laws which discriminate women's property.