First release: The Daily Star, Oct 25, 2024 02:07 PM

Link: https://www.thedailystar.net/opinion/views/news/empathy-missing-survivors-seeking-justice-3760976

Writer: Barrister Noshin Nawal is a member of the editorial team at The Daily Star and an environmental activist.

Today marks the International Day for the Elimination of Violence against Women, as well as the commencement of the 16 Days of Activism against Gender-Based Violence (GBV), which is an annual campaign to raise awareness on this issue around the world. It is an opportunity to reflect on the legislative and procedural challenges faced by survivors of sexual violence in Bangladesh. But it substantially fails to address the human elements involved. Survivors navigate a justice system riddled with structural barriers, trauma, and inadequate empathetic support. In a recent conversation with this author, Barrister Sara Hossain emphasised that the focus must shift from performative gestures to actionable reforms. Awareness campaigns, while valuable, cannot substitute for systemic change, which remains essential for addressing the root issues with GBV.

Bangladesh has enacted several laws to combat gender-based violence. But the gap between legal provisions and their implementation reflects deep-rooted institutional weaknesses and resource constraints. This is further crippled by societal stigma attached with crimes of sexual violence. The Domestic Violence (Prevention and Protection) Act, 2010, a landmark step focusing on preventing physical, emotional, sexual and financial abuse within the household, provides for protection orders, compensation and shelter for survivors. However, according to Rumana Hoque, member of the Bangladesh National Woman Lawyers’ Association (BNWLA), not having financial independence is a major factor that prevents survivors from pursuing justice. Many of them are forced to rely on their natal families, who may themselves face financial limitations or social ostracisation in providing long-term support. This economic vulnerability frequently compels survivors to compromise their safety, return to abusive households, or risk homelessness. For many survivors of domestic violence, the immediate goal is not accountability for the perpetrator, but simply the cessation of violence and assurance of safety. This reflects the painful reality that pursuing legal action is a luxury many cannot afford due to the financial resources and emotional resilience required to sustain such efforts.

Today marks the International Day for the Elimination of Violence against Women, as well as the commencement of the 16 Days of Activism against Gender-Based Violence (GBV), which is an annual campaign to raise awareness on this issue around the world. It is an opportunity to reflect on the legislative and procedural challenges faced by survivors of sexual violence in Bangladesh. But it substantially fails to address the human elements involved. Survivors navigate a justice system riddled with structural barriers, trauma, and inadequate empathetic support. In a recent conversation with this author, Barrister Sara Hossain emphasised that the focus must shift from performative gestures to actionable reforms. Awareness campaigns, while valuable, cannot substitute for systemic change, which remains essential for addressing the root issues with GBV.

Bangladesh has enacted several laws to combat gender-based violence. But the gap between legal provisions and their implementation reflects deep-rooted institutional weaknesses and resource constraints. This is further crippled by societal stigma attached with crimes of sexual violence. The Domestic Violence (Prevention and Protection) Act, 2010, a landmark step focusing on preventing physical, emotional, sexual and financial abuse within the household, provides for protection orders, compensation and shelter for survivors. However, according to Rumana Hoque, member of the Bangladesh National Woman Lawyers’ Association (BNWLA), not having financial independence is a major factor that prevents survivors from pursuing justice. Many of them are forced to rely on their natal families, who may themselves face financial limitations or social ostracisation in providing long-term support. This economic vulnerability frequently compels survivors to compromise their safety, return to abusive households, or risk homelessness. For many survivors of domestic violence, the immediate goal is not accountability for the perpetrator, but simply the cessation of violence and assurance of safety. This reflects the painful reality that pursuing legal action is a luxury many cannot afford due to the financial resources and emotional resilience required to sustain such efforts.

Today marks the International Day for the Elimination of Violence against Women, as well as the commencement of the 16 Days of Activism against Gender-Based Violence (GBV), which is an annual campaign to raise awareness on this issue around the world. It is an opportunity to reflect on the legislative and procedural challenges faced by survivors of sexual violence in Bangladesh. But it substantially fails to address the human elements involved. Survivors navigate a justice system riddled with structural barriers, trauma, and inadequate empathetic support. In a recent conversation with this author, Barrister Sara Hossain emphasised that the focus must shift from performative gestures to actionable reforms. Awareness campaigns, while valuable, cannot substitute for systemic change, which remains essential for addressing the root issues with GBV.

Bangladesh has enacted several laws to combat gender-based violence. But the gap between legal provisions and their implementation reflects deep-rooted institutional weaknesses and resource constraints. This is further crippled by societal stigma attached with crimes of sexual violence. The Domestic Violence (Prevention and Protection) Act, 2010, a landmark step focusing on preventing physical, emotional, sexual and financial abuse within the household, provides for protection orders, compensation and shelter for survivors. However, according to Rumana Hoque, member of the Bangladesh National Woman Lawyers’ Association (BNWLA), not having financial independence is a major factor that prevents survivors from pursuing justice. Many of them are forced to rely on their natal families, who may themselves face financial limitations or social ostracisation in providing long-term support. This economic vulnerability frequently compels survivors to compromise their safety, return to abusive households, or risk homelessness. For many survivors of domestic violence, the immediate goal is not accountability for the perpetrator, but simply the cessation of violence and assurance of safety. This reflects the painful reality that pursuing legal action is a luxury many cannot afford due to the financial resources and emotional resilience required to sustain such efforts.

Bangladesh can draw lessons from countries like South Africa, UK and the Philippines, which have successfully incorporated intermediaries such as paralegals and community workers to support GBV survivors and ease their access to justice. In South Africa, community advice offices serve as vital resources, particularly in rural areas, where paralegals provide survivors with legal advice, emotional support, and assistance in navigating the justice system. These intermediaries act as a bridge between survivors and formal institutions, ensuring that survivors are treated with empathy and care. Similarly, in the Philippines, Barangay VAW (violence against women) desks at the community level provide immediate assistance to survivors, including counselling, referrals and legal aid. These desks are staffed by trained officers who offer empathetic and survivor-centred support, fostering trust and encouraging survivors to seek justice without fear of alienation or insensitivity. These models highlight the importance of accessible and empathetic support systems in addressing GBV effectively. Steps may be taken to enshrine such initiatives within the Bangladeshi legal system.

The 16 Days of Activism serves as a reminder of the urgent need to address the systemic challenges faced by survivors of gender-based violence. These campaigns must focus on actionable reforms. Expanding the number and capacity of OCCs, implementing trauma-informed training for law enforcement, and enacting the long-delayed Victim and Witness Protection Act are crucial steps towards creating a survivor-centric justice system. By addressing these structural barriers, Bangladesh can move closer to a future where survivors are empowered to seek justice, rebuild their lives, and live free from violence and fear. Collective integration of legislative and empathetic reforms are the fundamental roadblocks to achieving this vision. It requires sustained commitment—the cost of inaction is far too great to ignore.