Legal aid in South Asia is failing to reach survivors of sexual violence
- Written by Viw Magazine
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.
Hashtag: #SouthAsianMovementforAccessingJustice #SAMAJ
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About SAMAJ:
South Asian Movement for Accessing Justice (SAMAJ) is a coalition of organisations from Bangladesh, India, the Maldives, Nepal, and Sri Lanka that are united in their mission to end sexual violence and strengthen access to justice for survivors in South Asia. SAMAJ aims to respond to legal and systemic barriers by fostering collective action that drives meaningful legal and policy change. For more details, please see SAMAJ's Call to Action.
