The Tsunami Housing Policy states that cash grants are supposed to go to the owner of the previous land/house. In practice the cash allocations have been deposited into existing bank accounts which were used earlier to deposit tsunami assistance grants of Rupees 5000 (about $49). In most cases these bank accounts are in the name of the male head of the household. Although the banks were instructed to make these accounts joint accounts, often this did not happen.
The study examines Tsunami Housing Policy of April 2006 which provided guidelines to allocate a house for a house, which in practice meant that male heads of household received the certificate of ownership even when the property was originally owned by the women members of the family.
The study sought to understand the origins and the use of the Head of the Household concept in Sri Lanka in the aftermath of the tsunami as it was used to disentitle women of post tsunami state allocated lands.
The report looks at various issues pertaining to women’s ownership and control of land and property in specific areas in the North and East of Sri Lanka affected by the conflict. The report discusses practical difficulties women face in accessing and owning land, legal provisions that affect women’s access and ownership, the implications of ethnicity, caste, and religion on land and property rights as well as perceptions related women’s access to and ownership of land. Traditionally there has been a strong trend towards separate property ownership of women.
One third of women in this study claimed to own land, and the prevalence of violence reported was low (13%), but the study highlights notions of patriarchy and social norms that operated in the context of Sri Lankan society, making women passive subjects to the violence inflicted on them. The study did not find an association between the ownership of property and domestic violence; women with property and those without were found to be equally likely to report violence.
This paper deals with women’s right to land in the former Swat state areas. The author argues that inheritance was according to customary law (riwaj) which did not recognize women’s Islamic right of inheritance, disputed cases could be taken before the quazi to be decided according to the Shariat although at the discretion of the leader. But the extension of the West Pakistan Muslim personal Law (Shariat) application Act of 1962 to the Swat region in 1976 formally provided for women’s inheritance according to Muslim law.