Switch dataset
Sri Lanka
Summary of Domestic Prohibition
Slavery and slave trade
Provisions related to slavery are found in the Penal Code at article 358A which criminalises subjecting or causing any person to be subjected to slavery and article 360C which criminalises buying, selling, or bartering any person as well as instigating another person to buy, sell or barter any person or doing anything to promote, facilitate or induce the buying, selling or bartering of any person.
Practices similar to slavery and servitude
Provisions related to institutions and practices similar to slavery are found in the Penal Code, which criminalises subjecting or causing any person to be subjected to debt bondage or serfdom at article 358A. Article 357 also criminalises kidnapping or abducting a woman in order to force or compel her to marriage.
Servitude
There appears to be no legislation in place in Sri Lanka which prohibits servitude.
Forced or compulsory labour
Provisions related to forced labour are found in the Penal Code at article 358A which criminalises subjecting or causing any person to be subjected to forced or compulsory labour.
Human trafficking
Provisions related to trafficking in persons are found in the Penal Code at article 360C.
Forced marriage
Provisions related to forced marriage in Sri Lanka are found in the 2006 Penal Code, which prohibits kidnapping or abducting a woman for forced marriage at Article 357, with a potential penalty of imprisonment for a term which may extend to ten years and a potential fine. The 2006 Penal Code also prohibits fraudulent marriage at Article 362D, with a potential penalty of imprisonment for a term which may extend to seven years, and a potential fine. The 2006 Penal Code also addresses marriage by deception at article 362A, with a potential penalty of imprisonment for a term which may extend to ten years, and a potential fine.
Consent to marriage
There appears to be no legislation in Sri Lanka that requires consent to marriage.
Servile marriage
There appears to be no legislation in Sri Lanka that prohibits servile matrimonial transactions.
Marriage trafficking
Although legislation in Sri Lanka does not prohibit marriage trafficking as such, it does prohibit abduction of detaining for marriage under article 357 of the Penal Code 2006, with a potential penalty of imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Minimum age for marriage
The minimum age for marriage in Sri Lanka is 18, without differentiation of gender, as set out on Article 15 of the 2006 Marriage Registration Ordinance. However, marriages below the minimum age are permitted with the consent of the parents, as set out on Article 22 of the 2006 Marriage Registration Ordinance or, in absence, the Judge of the District Court within whose jurisdiction the child resides. The minimum age for marriage of Muslims without the permission of the Quazi in Sri Lanka is 21 for females, as set out on Article 23 of the 1975 Muslim Marriage and Divorce Act.
Region
Asia-Pacific
Regional Court
Not party to a court
Legal System
Mixed
International Instruments
International Obligations
- Slavery
- Servitude
- Institutions and Practices Similar to Slavery
- Forced Labour
- Human Trafficking
- Forced Marriage
- Consent to marriage
- Marriage Trafficking
Regional Organisations
- Commonwealth
- Asia Cooperation Dialogue
- South Asian Association for Regional Cooperation
- Bali Process
- ASEAN Regional Forum
Legislative Provisions
AWAD REPORT
Paragraph 90
Slavery was abolished in Ceylon in 1844 by the Abolition of Slavery Ordinance No. 20 of 1844 (Cap. 75 L.E.). Section 2 of this Ordinance is as follows:
“Slavery shall no longer exist in Ceylon and all persons being slaves shall become free and entitled in every way to all the rights and privileges of free persons, any other law or enactment to the contrary now in force notwithstanding:
“Sections 361 and 362 of the Ceylon Penal Code provide for the following offences in regard to slavery. These provisions should be read along with sections 490, 101-103A which provide for attempts, abetment, conspiracy to commit these offences.
“Section 361. Whoever imports, exports, removes, buys, sells or disposes of any person as a slave or accepts, receives or detains against his will any person as a slave shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to a fine.
Section 362. Whoever habitually imports, exports, removes, buys, sells, traffics or deals in slaves shall be punished with imprisonment of either description for a term which may extend to fifteen years and shall also be liable to a fine.”
THE CONSTITUTION OF THE DEMOCRATIC SOCIALIST REPUBLIC OF SRI LANKA 1978 (REV. 2015)
- Freedom from torture.
No person shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment.
- Directive Principles of State Policy.
(7) The State shall eliminate economic and social privilege and disparity, and the exploitation of man by man or by the State
The Constitution of the Democratic Socialist Republic of Sri Lanka 1978 (revised 2015) (PDF)
PENAL CODE
Article 288. Causing or procuring children to beg
(1) whoever causes or procures a child to be in any street, Premises or place for the purposes of begging or receiving alms, or of inducing the giving of alms (whether or not there is any pretence of singing , playing ., performing, offering anything for sale or otherwise ) shall on conviction be punished with imprisonment of either description for a term not exceeding five years and may also be liable to a fine.
(2) In this section child means a person under eighteen years of age
Article 357. Kidnapping or abducting a woman to compel her to marriage, etc
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Article 358. Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc
Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous hurt or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Article 358A. Debt bondage, serfdom, forced or compulsory labour, slavery and recruitment of children for use in armed conflict
(1) Any person who –
(a) subjects or causes any person to be subjected to debt bondage or serfdom ;
(b) subjects or causes any person to be subjected to forced or compulsory labour;
(c) subjects or causes any person to be subjected to slavery ; or
(d) engages or recruits a child for use in armed conflict, shall be guilty of an offence.
(2) Any person who is guilty of an offence under paragraph (a), (b) or (c) of subsection (1), shall on conviction be liable to imprisonment of either description for a term not exceeding twenty years and to a fine. Where the offence is committed under paragraphs (a), (b) or (c) of subsection (1) in relation to a child or where the offence is committed under paragraph (d) of subsection (1), be liable to imprisonment of either description for a term not exceeding thirty years and to a fine.
(3) In this section –
“debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his personal services or of those of a person under his control as security for a debt, if the value of those services as reasonably assessed is not set – off against the debt and the length and nature of those services are undefined;
“forced or compulsory labour” means all work or service which is exacted from a person under the threat of any penalty and for which such person has not offered himself voluntarily, except-
(a) any work or service exacted by virtue of any law for the time being relating to compulsory military service in relation to work or service of a purely military character ;
(b) any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country;
(c) any work or service exacted from any person as a punishment imposed by a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to be or placed, at the disposal of private individuals, companies or associations;
(d) any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity, such as fire, flood, famine, earthquake, violent epidemic of epizootic diseases, invasion by animal, insect or vegetable pests, and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population;
(e) minor services of a kind which, being performed by the members of the community in the direct interests of the said community, and thereby considered as normal civic obligations incumbent upon the members of the community, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services;
“serfdom” means the condition or status of a tenant who is by law, custom or agreement bound to live and labour on land belonging to another person and to render some determinate service to such other person whether for reward or not and is not free to change his status;
“slavery” means the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised; and
Article 360A. Procreation
Whoever-
(1) procures, or attempts to procure, any person, whether male or female of whatever age (whether with or without the consent of such person) to become, within or outside Sri Lanka, prostitute;
(2) procures, or attempts to procure, any person, under sixteen years of ages to leave Sri Lanka with or without the consent of such person) with a view to illicit sexual intercourse with any person outside Sri Lanka, or removes, or attempts to remove, from Sri Lanka any such person (whether with or without the consent of such person) for the said purpose;
(3) procures, or attempts to procure, any person of whatever age, to leave Sri Lanka (whether with or without the consent of such person) with intent that such person may become the inmate of, or frequent, a brothel
elsewhere, or removes, or attempts to remove, from Sri Lanka any such person (whether with or without the consent of such person) for the said purpose;
(4) brings, or attempts to bring, into Sri Lanka any person under sixteen years of age with a view to illicit sexual intercourse with any other person, in Sri Lanka or outside Sri Lanka;
(5) procures, or attempts to procure, any person of whatever age (whether with or without the consent of such person) to leave such persons usual place of abode in Sri Lanka with a view to illicit sexual intercourse within or outside Sri Lanka;
(6) detains any person without the consent of such person in any premises with a view to illicit sexual intercourse or sexual abuse.
Commits the offence of procreation and shall on conviction be punished with imprisonment of either description for a term of not less than two years and not exceeding ten years and may also be punished with a fine.
Article 360C. Trafficking
(1) Whoever-
(a) buys, sells or barters or instigates another person to buy, sell or barter any person or does anything to promote, facilitate or induce the buying, selling or bartering of any person for money or other consideration;
(b) recruits, transports, transfers, harbours or receives any person or does any other act by the use of threat, force, fraud, deception or inducement or by exploiting the vulnerability of another for the purpose of securing forced or compulsory labour or services, slavery, servitude, the removal of organs, prostitution or other forms of sexual exploitation or any other act which constitutes an offence under any law ;
(c) recruits, transports, transfers, harbours or receives a child or does any other act whether with or without the consent of such child for the purpose of securing forced or compulsory labour or services, slavery, servitude or the removal of organs, prostitution or other forms of sexual exploitation, or any other act which constitutes an offence under any law,
(2) Any person who is guilty of the offence of trafficking shall on conviction be punished with imprisonment of either description for a term not less than two years and not exceeding twenty years and may also be punished with fine and where such offence is committed in respect of a child, be punished with imprisonment of either description for a term not less than three years and not exceeding twenty years and may also be punished with fine.
(3) In this section,-
“forced or compulsory labour” has the same meaning as in section 358A;
“slavery” has the same meaning as in section 358A; and
“exploiting the vulnerability of another” means impelling a person to submit to any act, taking advantage of such person’s economic, cultural or other circumstances.”.
Article 360D. Offences related to adoption
Whoever, for the purpose of placing any person in adoption –
(i) arranges for, or assists, a child to travel to a foreign country without the consent of his parent or lawful guardian;
(ii) obtains the consent, whether written or oral of a pregnant woman, for money or any other consideration, for the adoption of the unborn child of such woman;
(iii) recruits a woman or a couple to bear children;
(iv) being a person concerned with the registration of births, knowingly permits the falsification of any register used for the registration of births or any birth record contained in any such register;
(v) engages in procuring children from hospitals, shelters for women, clinics, nurseries, day care centres or other child care institutions or welfare centres, for money or other consideration or procures a child for adoption from any such institution or centre, by intimidation of the mother or any other person; or
(vi) impersonates the mother or assists in such impersonation.
CONVENTION ON PREVENTING AND COMBATING TRAFFICKING IN WOMEN AND CHILDREN FOR PROSTITUTION ACT, NO. 30 OF 2005 [CERTIFIED ON 20TH SEPTEMBER, 2005]
Article 2.
(1) Any person who—
(i) keeps, maintains or manages ;
(ii) knowingly finances or takes part in the financing of ; or Offence of trafficking of women and children for prostitution.
2 Convention on Preventing and Combating Trafficking in Women and Children for Prostitution Act, No. 30 of 2005 (iii) knowingly lets or rents, a building or other place or any part thereof for the purpose of trafficking of women and children for prostitution or any matter connected thereto, shall be guilty of an offence under this Act.
(2) Any person who—
(a) attempts to commit ;
(b) aids or abets in the commission of ;
(c) conspires to commit,
an offence under subsection (1) shall be guilty of an offence under this Act.
(3)
(a) Any person who is guilty of an offence under subsections (1) or (2) of this section shall be punished with imprisonment of either description for a period not less than three years and not exceeding fifteen years and be liable to a fine.
(b) The Court may recover compensation to be paid to the victim by way of a fine imposed under paragraph (a), taking into consideration the nature of the offence. A further term of imprisonment which may extend to five years may be imposed in the case of a failure to pay compensation.
(c) In case the offence is committed on a subsequent occasion, the offender shall be punished with twice the punishment and fine as is specified in respect of the offence.
PENAL CODE, amended 2006
Article 357. Kidnapping or abducting a woman to compel her to marriage, etc
Whoever kidnaps or abducts any woman with intent that she may be compelled, or knowing it to be likely that she will be compelled, to marry any person against her will, or in order that she may be forced or seduced to illicit intercourse, or knowing it to be likely that she will be forced or seduced to illicit intercourse, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to a fine.
Article 358. Kidnapping or abducting in order to subject a person to grievous hurt, slavery, etc
Whoever kidnaps or abducts any person in order that such person may be subjected, or may be so disposed of as to be put in danger of being subjected, to grievous hurt or slavery, or to the unnatural lust of any person, or knowing it to be likely that such person will be so subjected or disposed of, shall be punished with imprisonment of either description for a term which may extend to ten years, and shall also be liable to fine.
Article 358A. Debt bondage, serfdom, forced or compulsory labour, slavery and recruitment of children for use in armed conflict
(1) Any person who
(a) subjects or causes any person to be subjected to debt bondage or serfdom ;
(b) subjects or causes any person to be subjected to forced or compulsory labour;
(c) subjects or causes any person to be subjected to slavery ; or
(d) engages or recruits a child for use in armed conflict, shall be guilty of an offence.
(2) Any person who is guilty of an offence under paragraph (a), (b), or (c) of subsection (1), shall on conviction be liable to imprisonment of either description for a term not exceeding twenty years and to a fine. Where the offence is committed under paragraphs (a), (b) or (c) of subsection (1) in relation to a child or where the offence is committed under paragraph (d) of subsection (1), be liable to imprisonment of either description for a term not exceeding thirty years and to a fine.
(3) In this section:
“debt bondage” means the status or condition of a debtor arising from a pledge by the debtor of his personal services or of those of a person under his control as security for a debt, if the value of those services as reasonably assessed is not set off against the debt and the length and nature of those services are undefined;
“forced or compulsory labour” means all work or service which is exacted from a person under the threat of any penalty and for which such person has not offered himself voluntarily, except
(a) any work or service exacted by virtue of any law for the time being relating to compulsory military service in relation to work or service of a purely military character ;
(b) any work or service which forms part of the normal civic obligations of the citizens of a fully self-governing country;
(c) any work or service exacted from any person as a punishment imposed by a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to be or placed at the disposal of private individuals, companies or associations;
(d) any work or service exacted in cases of emergency, that is to say, in the event of war or of a calamity or threatened calamity, such as fire, flood, famine, earthquake, violent epidemic of epizootic diseases, invasion by animal, insect, or vegetable pests, and in general any circumstance that would endanger the existence or the well-being of the whole or part of the population;
(e) minor services of a kind which, being performed by the members of the community in the direct interests of the said community, and thereby considered as normal civic obligations incumbent upon the members of the community, provided that the members of the community or their direct representatives shall have the right to be consulted in regard to the need for such services;
“serfdom” means the condition or status of a tenant who is by law, custom or agreement bound to live and labour on land belonging to another person and to render some determinate service to such other person whether for reward or not and is not free to change his status;
“slavery” means the status or condition of a person over whom any or all of the powers attaching to the right of ownership are exercised; and
Article 360A. Procreation
Whoever-
(1) procures, or attempts to procure, any person, whether male or female of whatever age (whether with or without the consent of such person) to become, within or outside Sri Lanka, prostitute;
(2) procures, or attempts to procure, any person under sixteen years of ages to leave Sri Lanka with or without the consent of such person, with a view to illicit sexual intercourse with any person outside Sri Lanka, or removes, or attempts to remove, from Sri Lanka any such person (whether with or without the consent of such person) for the said purpose;
(3) procures, or attempts to procure, any person of whatever age to leave Sri Lanka (whether with or without the consent of such person) with intent that such person may become the inmate of, or frequent, a brothel
elsewhere, or removes, or attempts to remove, from Sri Lanka any such person (whether with or without the consent of such person) for the said purpose;
(4) brings, or attempts to bring, into Sri Lanka any person under sixteen years of age with a view to illicit sexual intercourse with any other person, in Sri Lanka or outside Sri Lanka;
(5) procures, or attempts to procure, any person of whatever age (whether with or without the consent of such person) to leave such persons usual place of abode in Sri Lanka with a view to illicit sexual intercourse within or outside Sri Lanka;
(6) detains any person without the consent of such person in any premises with a view to illicit sexual intercourse or sexual abuse.
Commits the offence of procreation and shall, on conviction be punished with imprisonment of either description for a term of not less than two years and not exceeding ten years and may also be punished with a fine.
Article 360C. Trafficking
(1) Whoever-
(a) buys, sells or barters or instigates another person to buy, sell or barter any person or does anything to promote, facilitate or induce the buying, selling or bartering of any person for money or other consideration;
(b) recruits, transports, transfers, harbours or receives any person or does any other act by the use of threat, force, fraud, deception or inducement or by exploiting the vulnerability of another for the purpose of securing forced or compulsory labour or services, slavery, servitude, the removal of organs, prostitution or other forms of sexual exploitation or any other act which constitutes an offence under any law ;
(c) recruits, transports, transfers, harbours or receives a child or does any other act whether with or without the consent of such child for the purpose of securing forced or compulsory labour or services, slavery, servitude or the removal of organs, prostitution or other forms of sexual exploitation, or any other act which constitutes an offence under any law,
(2) Any person who is guilty of the offence of trafficking shall, on conviction be punished with imprisonment of either description for a term not less than two years and not exceeding twenty years and may also be punished with fine and where such offence is committed in respect of a child, be punished with imprisonment of either description for a term not less than three years and not exceeding twenty years and may also be punished with fine.
(3) In this section,
“forced or compulsory labour” has the same meaning as in section 358A.
“slavery” has the same meaning as in section 358A, and
“Exploring the vulnerability of another” means impelling a person to submit to any act, taking advantage of such person’s economic, cultural, or other circumstances.”
362A Cohabitation caused by a man deceitfully inducing a belief of lawful marriage.
Every man who by deceit causes any woman who is not lawfully married to him to believe that she is lawfully married to him and to cohabit or have sexual intercourse with him in that belief shall be punished with imprisonment of either description for a term which
may extend to ten years, and shall also be liable to fine
362D Marriage ceremony gone through with fraudulent intent without lawful marriage.
Whoever dishonestly or with a fraudulent intention goes through the ceremony of being married, knowing that he thereby lawfully married, shall be punished with imprisonment of either description for a term which may extend to seven years and shall also be liable to a fine.
455 Forgery of a record of a Court of Justice or of a public register of births, &c.
Whoever forges a document purporting to be a record or proceeding of or in a Court of Justice, or a register of birth, baptism, marriage, or burial, or a register kept by a public servant as such, or a certificate or document purporting to be made by a public servant in his official capacity, or an authority to institute or defend a suit, or to take any proceedings therein, or to confess Judgment, or a power of attorney, shall be punished with imprisonment of either description for a term which may extend to seven years, and shall also be liable to fine.
KANDYAN MARRIAGE AND DIVORCE ACT 1954(2013)
- Lawful age of marriage.
(1) No Kandyan marriage contracted after the coming into force of this subsection shall be valid if, at the time of marriage—
(a) either party thereto is under the lawful age of marriage; or
(b) Both parties thereto are under the lawful age of marriage.
[S 4(1) subs by s 2 of Act 19 of 1995.]
(2) Notwithstanding anything in subsection (1), a Kandyan marriage shall be deemed not to be or to have been invalid under that subsection by reason of one party and one party only thereto being, at the time of marriage, under the lawful age of marriage.
(a) if both parties thereto cohabit as husband and wife for a period of one year after the party aforesaid has attained the lawful age of marriage; or
(b) if a child is born of the marriage before the party aforesaid has attained the lawful age of marriage.
(3) Notwithstanding anything in subsection (1), a Kandyan marriage shall be deemed not to be or to have been invalid under that subsection by reason of both parties thereto being, at the time of marriage, under the lawful age of marriage.
(a) if both such parties cohabit as husband and wife for a period of one year after they both have attained the lawful age of marriage; or
(b) if a child is born of the marriage before both or either of them have attained the lawful age of marriage.
8. Consent required to marriage of minor.
(1) The consent of a competent authority is hereby required for the marriage under this Act of a minor subject to Kandyan law.
(2) For the purposes of this Act, the expression “competent authority”, in relation to a minor means—
(a) the father of the minor; or
(b) if the father is dead, or is under any legal incapacity, or is unable to give or refuse his consent by reason of absence from Sri Lanka, the mother of the minor; or
(c) if both the father and mother of the minor are dead, or are under any legal incapacity, or are unable to give or refuse consent by reason of absence from Sri Lanka, the guardian or guardians of the minor appointed by the father or, if the father is dead, or is under any legal incapacity, by the mother or, if the mother is dead, or is under any legal incapacity, by a competent court; or
(d) if both the father and mother of the minor are dead, or are under any legal incapacity, or are unable to give or refuse consent by reason of absence from Sri Lanka, and if further—
(i) No guardian or guardians of the minor has or have been appointed by the father, mother or a competent court; or
(ii) the guardian or guardians so appointed is or are dead, or is or are under any legal incapacity, or is or are unable to give or refuse consent by reason of absence from Sri Lanka, the District Registrar for the district in which the minor resides.
9. Authority to give or refuse consent.
Any competent authority whose consent to the marriage of a minor is required under the last pre-ceding section may give or refuse such consent as to such authority may seem fit.
10. Consent of Registrar.
(1) A District Registrar shall, if he is a competent authority in relation to a minor, entertain any application made under this section for his consent to the marriage of that minor under this Act.
(2) The application shall be made by means of a written petition either by the minor or by any other person interested in the marriage of the minor.
(3) The petition shall bear a stamp or stamps of the prescribed value, which shall be supplied by the applicant.
(4) The petition—
(a) shall be in the prescribed form;
(b) shall state the name and address of the applicant;
(c) shall state in what capacity he makes the application;
(d) shall, if the applicant is merely a person interested in the marriage of the minor, state the name and address of the minor;
(e) shall contain such other particulars as may be prescribed; and
(f) shall be signed by the applicant.
(5) Upon the receipt of the petition, the District Registrar shall forthwith cause a notice to be served upon the applicant and, if the applicant is merely a person interested in the marriage of the minor, upon the minor.
(6) The notice—
(a) shall indicate that at a time and date specified in the notice the District Registrar will attend at his office or at such other place as may be specified therein for the purpose of disposing of such application: and
(b) shall call upon the person to whom the notice is addressed to appear before the Registrar along with his witnesses, if any, on the date and at the time and place so indicated.
(7) The District Registrar shall attend on the date and at the time and place indicated in the notice and shall dispose of the application after such summary inquiry as he may deem necessary either on that date or on any other date to which he may adjourn or postpone the inquiry. The registrar shall communicate his decision in writing to the applicant and, if the applicant is merely a person interested in the marriage of the minor, to the minor.
(8) Before disposing of the application the District Registrar shall give the applicant and, if the applicant is merely a person interested in the marriage of the minor, the minor and their respective witnesses, if any, an opportunity of being heard.
(9) The District Registrar shall keep a record in writing of all proceedings taken by him under this section for the purpose of disposing of the application.
11. Appeals.
(1) An appeal against the refusal of a competent authority to give his consent to the marriage of a minor under this Act shall lie to the District Court having jurisdiction in the area in which the minor resides.
(2) The appeal shall be preferred by means of a written petition either by the minor or by any other person interested in the marriage of the minor:
Provided, however, that no appeal against the refusal to give his consent by a District Registrar in his capacity as a competent authority in relation to the minor may be preferred by any person who is merely a person interested in the marriage of the minor unless the application for such consent was made by that person.
(3) The petition of appeal shall bear a stamp or stamps of the prescribed value, which shall be supplied by the appellant.
(4) The petition of appeal—
(a) shall be in the prescribed form;
(b) shall state the name and address of the appellant;
(c) shall state the name and address of the competent authority against whose decision the appeal is preferred;
(d) shall state in what capacity he makes the appeal;
(e) shall, if the appellant is merely a person interested in the marriage of the minor, state the name and address of such minor;
(f) shall contain such other particulars as may be prescribed; and
(g) shall be signed by the appellant.
(5) Where an appeal is preferred under this section against the decision of a District Registrar in his capacity as a competent authority, the petition of appeal shall in the first instance be forwarded to that Registrar. Such Registrar shall forthwith, upon the receipt of the petition, forward it to the District Court along with the relevant record kept by him under Section 10.
12. Power of court on appeals.
(1) Subject to the provisions of subsection (2), a District Court may, in its absolute discretion, on any appeal against the refusal of a competent authority to give his consent to the marriage of a minor under this Act, make order—
(a) confirming the decision of such authority; or
(b) setting aside that decision and consenting to the marriage,
(2) No order shall be made by a district court under subsection (1)(b) of this section unless the court is satisfied that the refusal of a competent authority to consent to the marriage of a minor under this Act is unreasonable.
(3) The District Court shall cause a copy of the order to be served upon the appellant, the competent authority, and, if the appellant is merely a person interested in the marriage of the minor, upon the minor.
(4) The decision of a district court under this section on any appeal shall be final and conclusive and shall not be subject to appeal.
13. Parties to be given an opportunity of being heard.
Before disposing of any appeal under this Part, a District Court shall give the parties thereto, including the minor to whose marriage the appeal relates and their respective witnesses, if any, an opportunity of being heard.
MARRIAGE REGISTRATION ORDINANCE, 1907 amended 2006
15 Prohibited age of marriage
No marriage contracted after the coming into force of this section shall be valid unless both parties to the marriage have completed eighteen years of age.
20 Suits to compel marriage prohibited.
(1) No suit or action shall lie in any court to compel the solemnization of any marriage by reason of any promise or contract of marriage, or by reason of the seduction of any female, or by reason of any cause whatsoever.
(2) No such promise, or contract, or seduction shall vitiate any marriage duly solemnized and registered under this Ordinance.
(3) Nothing herein contained shall prevent any person aggrieved from suing for or recovering in any court damages which are lawfully recoverable for breach of promise of marriage, for seduction, or for any other cause:
22 Who may give consent to marriage of a minor.
(1)
(a) The father of any person under eighteen who may years of age ; or
(b) if the father be dead or under legal incapacity, or in parts beyond Sri Lanka and unable to make known his will, the mother ; or
(c) if both father and mother be dead or under legal incapacity, or in parts beyond Sri Lanka and unable to make known their will, the guardian or guardians appointed over the party so under age by the father, or if the father be dead or under legal incapacity, by the mother of such party or by a competent court, shall have authority to give consent to the marriage of such party, and such consent is hereby required for the said marriage :
Provided that no such consent shall be required in the case of a widow or widower or a person who shall have been previously married, and whose marriage shall have been legally dissolved.
(2) If there be no person authorized as aforesaid to give consent, or if the person so authorized unreasonably withholds or refuses his or her consent, the Judge of the District Court within whose jurisdiction the party so under age resides, may, upon the application of any party interested in such marriage, and after summary inquiry, give consent to the said marriage, and such consent is hereby required for the said marriage.
29 Forbidding of issue of certificate.
Every person whose consent to a marriage is required by law may forbid the issue of the registrar’s certificate by signing and subscribing, in the presence of the registrar and of two credible witnesses, who shall be personally acquainted with the person forbidding, and shall be known to the registrar or be resident within his jurisdiction, and by delivering to him a notice in writing in the form I in the First Schedule, with his or her name, place of abode, and the capacity in which he or she forbids the marriage.
45 false declaration or giving false notice.
(a) Any person who shall knowingly or wilfully make any false declaration or sign any false notice required by this Ordinance for the purpose of procuring the registration of any marriage, and
(b) every person who shall forbid the granting by any registrar of a certificate for marriage by falsely representing himself or herself to be a person whose consent to such marriage is required by law, knowing such representation to be false,
46 Circumstances in which a marriage will be null and void.
If both the parties to any marriage shall knowingly and wilfully intermarry under the provisions of this Ordinance in any place other than that prescribed by this Ordinance, or under a false name or names, or except in cases of death-bed marriages under section 40, without certificate of notice duly issued, or shall knowingly or wilfully consent to or acquiesce in the solemnization of the marriage by a person who is not authorized to solemnize the marriage, the marriage of such parties shall be null and void.
59 Offences by minister.
Any minister
(a) by or before whom, except in the case of a death-bed marriage under section 40, shall be solemnized a marriage before the delivery to him of the certificate or certificates required by this Ordinance ; or
(b) who shall fail to enter duly in the marriage register the statement of a marriage on the day in which it was solemnized by him, or to transmit within seven days from the date of the solemnization of the marriage the duplicate statement of the marriage to the District Registrar ; or
(c) who shall enter in the marriage register any marriage not solemnized in accordance with the provisions of this Ordinance ; or
(d) who shall fail to perform any act required of him by this Ordinance ; or
(e) who shall perform any act forbidden or declared unlawful by this Ordinance,
60 Undue solemnization of marriage and issue of certificate.
(a) Any person who shall knowingly and wilfully solemnize or pretend to solemnize a marriage not being legally competent to do so, or between parties not legally competent to contract the same, or, except in case of a deathbed marriage under section 40, before the issue of the certificate or certificates required by this Ordinance, or in any place or at any time not authorized by the provisions of this Ordinance, or who shall knowingly and wilfully solemnize a marriage declared to be not valid or to be null and void by this Ordinance ; and
(b) any registrar who shall knowingly and wilfully issue a certificate before or after the expiration of the prescribed period, or, if the marriage shall have been forbidden or a caveat entered under this Ordinance, before the disposal of such objection by a competent court ; and
(c) any registrar or minister who shall knowingly disobey any direction of the law as to the way in which he is to conduct himself, intending to cause or knowing it to be likely to cause injury to any person or to the Government,
MUSLIM MARRIAGE AND DIVORCE ACT, 1951(1975)
18
1 Before the registration of a marriage, there shall be made and signed in presence of the registrar
a declaration by the bridegroom substantially in form II set out in the First Schedule; and
a declaration by the wali of the bride substantially in Form III set out in that Schedule:
Provided that the declaration by a wali shall not be required in any case where the consent of a wali has been dispensed with under section 47 or where no wali is necessary according to the Muslim law governing the sect to which the bride belongs;
Provided further that where the wali making a declaration is a person other than her father or paternal grandfather, the bride shall also sign the declaration made by such wali.
19
1 The statement of particulars entered in the register un respect of each marriage shall be signed in the original, the duplicate and the third copy by
a the bridegroom; and
b in every case where the consent of the wali has not been dispensed with under section 47 and is required by the Muslim law governing the sect to which the bride belongs, the wali of the bride; and
…
23
Notwithstanding anything in Section 17, a marriage contract by a Muslim girl who has not attained the age of twelve years shall not be registered under this Act unless the Quazi for the area in which the girl resides has, after such inquiry as he may deem necessary, authorized the registration of the marriage.
47
1 The powers of the Quazi under this Act shall include the power to inquire into and adjudicate upon
…
Any application for a declaration of nullity of marriage, either by a husband or by a wife
Any application for authority to register the marriage of a girl who has not passed the age of twelve years
2 A Qauzi may inquire into and deal with any complaint by or on behalf of a woman against a wali who unreasonably withholds his consent to the marriage of such woman, and may, if necessary, make an order authorizing the marriage and dispensing with the necessity for the presence or the consent of a wali.
3 The woman has no wali; a Quazo may, after such inquiry as he may consider necessary, make an order authorizing the marriage and dispensing with the necessity for the presence or the consent of a wali.
82
Every registrar who knowingly registers, and every other person who aids or abets the registration of, any marriage in contravention of the provisions of Section 22, Section 23, or Section 24(4) shall be guilty of an offence and shall be liable on conviction to a fine not exceeding one hundred rupees or to imprisonment of either description for a term not exceeding six months or to both such fine and such imprisonment.