Ahmedabad, April 23: In India, the laws protecting women and girls from sexual violence and abuse are inadequate, poorly enforced and often leave the victims traumatized and stigmatised found a study conducted in six countries of South Asia.


The study: Sexual Violence in South Asia: Legal and Other Barriers to Justice for Survivors focuses on six countries- Bhutan, Bangladesh, India, Nepal, Maldives and Sri Lanka. The report jointly done by gender organisation Equality Now and Dignity Alliance International was released on Wednesday. It asks governments of all the countries to take immediate steps to address sexual violence, improve access to justice for survivors and end impunity for perpetrators.


It pointed out that in India marital rape is still legal except if the child-bride is under the age of 15 years. Only two countries, Bhutan and Nepal criminalise marital rape in all circumstances but here too the penalty for marital rape is far lower than other forms of rape.

 

It also pointed out that the unscientific and traumatizing two-finger test was part of medical examination in many South Asian countries. The two-finger test involved a medical practitioner inserting two-fingers inside the vagina of a rape survivor to determine if the hymen is broken as well as to test the laxity of the vagina. The test is often used to declare the rape survivor as habituate to sex.

 

In India, the Supreme Court has banned the two-finger test in 2013 and the Ministry of Health also banned it. However, the study found that many survivors said they were subjected to the two-finger test and a 2018 study found that the test was being referred to in medico-legal examination in four states of India.

 

The report noted that high levels of stigmatisation attached to rape often lead to low reporting or withdrawal of cases. Pressure to withdraw the case, fear of repercussions such as violence, threat to life or social ostracisation all hinder the process of reporting. The report authors urged governments to make prevention of sexual violence and integral part of their strategies on gender-based violence. It asked to shift the focus of blame to perpetrators rather than the victim.


Analysis of country-specific laws and policies relating to sexual violence found that in the six South Asian countries examined there are gaps in laws, failures in implementation, and governments are not fulfilling their commitments and obligations in international law to protect and promote the human rights of women and girls.


The study noted that there were many barriers of reporting rape but for those who did manage to file police complaints, it was only the start of a long and arduous quest to access justice.  The study decried the low conviction rates and the long delays in police investigations, medical examinations and trial process.


The study noted that police officers refusing to file complaints or failing to investigate allegations of sexual violence were wide-spread. In four countries, Bangladesh, India, Nepal and Sri Lanka, survivors and other stakeholders about justice system officials being susceptible to bribery and corruption.


Report co-author Divya Srinivasan, a human rights lawyer and Legal Advisor for Equality Now, says: “Our research reveals how governments across South Asia need to take urgent action to provide women and girls with better protection against sexual violence and end widespread impunity for perpetrators. This requires closing gaps in laws, addressing flaws in criminal justice systems, and investing in holistic responses to ensure access to justice and support for survivors.”


The report calls on South Asian countries to implement comprehensive and inclusive measures that effectively address sexual and gender-based violence. This includes:

·       Addressing protection gaps in the law

·       Improving police responses to cases of sexual violence

·       Ensuring survivor-friendly medical examinations in rape cases

·       Improving prosecution procedures and trials of sexual offences

·       Designing and funding holistic interventions to improve access to justice for survivors

·       Reviewing laws and policies to ensure the specific needs of all marginalized communities are met.

 

Evlyn Samuel, report co-author from Dignity Alliance International, says: “The report reveals a multitude of barriers that survivors of sexual violence experience at different levels while accessing the criminal justice system across these countries. This calls for a dire need on the part of governments to adopt a more comprehensive, gender-sensitive approach in addressing issues of sexual violence against women and girls to bring systemic and transformative changes.”

 

(Source: Equality Now)