DHAKA, BANGLADESH -
Media OutReach Newswire
- 2 May 2025 - Across South Asia, alarmingly high rates of sexual
violence stand in stark contrast to extremely low conviction rates.
Survivors encounter overwhelming barriers to justice—including weak
enforcement of laws, lengthy delays in investigations and trials, and a
lack of accessible survivor-centred legal support. State-run legal aid
programmes in Bangladesh, India, Nepal, and Sri Lanka have been
established to assist marginalised communities, but the specific needs
of sexual violence survivors are not being met, with many excluded or
struggling to navigate complex legal systems.
A new advocacy brief from the
South Asian Movement for Accessing Justice (SAMAJ) highlights gaps in legal assistance for survivors within legal aid delivery systems and outlines a roadmap for reform.
Exploring Legal Aid Mechanisms: Lessons from South Asia
offers practical guidance for governments, legal aid providers, justice
institutions, and civil society actors to enhance access to justice for
sexual violence survivors and victims' families.
The brief builds on findings in the landmark report,
Sexual Violence in South Asia: Legal and Other Barriers to Justice for Survivors.
Co-authored by Equality Now, which is now the SAMAJ Secretariat, the
research revealed how sexual violence laws are often poorly implemented
and inconsistently enforced, with survivors frequently further
victimised by communities and criminal justice systems. This places
women and girls at heightened risk of abuse and makes justice less
attainable.
SAMAJ identifies how public awareness of legal rights and services
remains low. Legal processes are typically lengthy, confusing, and don't
meet survivors' distinct requirements.
Under-resourced legal aid systems lack the funding and trained personnel
required to provide timely, rights-based support. Rural areas face
especially acute shortages of high-quality legal aid lawyers, leaving
many survivors without effective assistance.
Intersecting forms of discrimination based on gender, age, disability,
caste, ethnicity, socio-economic status, sexual orientation, and
religion must be addressed, with legal aid services tailored to meet the
distinct needs of marginalised groups, including Dalit and Indigenous
communities.
SAMAJ urges South Asian governments to strengthen the implementation of
laws, enact legal reforms to close protection gaps, and increase
investment in survivor-centred, locally accessible legal aid services.
Delivering meaningful access to justice requires expanding public
awareness of legal aid and conducting targeted community outreach.
States must prioritise inclusivity and foster strong partnerships
between legal aid institutions and civil society organisations, as
collaboration enhances effective development and supply of services.
Bolstering training of legal professionals and monitoring legal aid
provision are also critical.