The Government’s neglect of the MMDA reforms strongly condemned by Muslim intellectuals, CSOs and activists (File Photo)

For the past few decades, every political party has failed to amend the Muslim Marriage and Divorce Act (MMDA) and prioritise the rights of women and children in the community.  Many Muslim women, including victims of the MMDA, have endeavoured to shed light on injustice and discrimination as a direct result of the lack of reform in the Act. However, efforts to reform the act have been undermined by proposals by several Muslim MPs and male dominated conservative groups. 

An Open Letter dated November 8 has been endorsed by 135 individuals and 18 Civil Society Organizations (CSO) regarding this concern. The letter- which addresses the President and Prime Minister- states that during a recent press conference, Cabinet spokesperson Vijitha Herath had said that the NPP Government sees no reason to amend the MMDA of 1951. He explained that the opinions regarding this law are merely viewpoints and that the government respects the right to freedom of expression. His remarks were strongly condemned by many Muslim intellectuals, victims and social activists among those included in the letter.  

It further states that Article 12(1) of Sri Lanka’s 1978 Constitution guarantees equal treatment and protection under the law for all citizens. Thus, the Government is under obligation to protect the rights of Muslim Women and Children, and ensure the just execution of the MMDA. 

The commitment of the NPP government is questioned when addressing the biases in the Act which upholds patriarchal structures. ‘The male-only Quazi system is known for discriminatory practices—directly violating Article 12 of the Constitution. Furthermore, the Quazi system is funded by taxpayers’ money, making it the government’s responsibility to address these issues.’ The letter further implies that the Government should be held accountable for its role and the negative consequences created by the lack of reform in the Act. The NPP should not undermine the severe impact of this issue and the plight of victims, who have suffered under the MMDA as they will be neglecting their promise of equality.

Furthermore, the CSOs demand that if the NPP truly seeks the votes of the Muslim women affected by this law, then the NPP should clearly state its position on the amendment of the MMDA before the election. Otherwise, it will simply be seen as a government that is unwilling to take responsibility for the issues affecting Muslim women, the letter further read. ‘Such an outcome would make it clear that the NPP, like its predecessors, has failed Muslim women and children by refusing to act on their behalf,’ the letter adds.