South Asia Struggles to Provide Compensation to Victims of Sexual Violence

South Asia is facing significant challenges in providing compensation to victims of sexual violence, a recent study has found.

The study, conducted by the South Asian Campaign for Justice, examined the compensation systems, legal frameworks, and practical implementation of laws in six countries: Bangladesh, India, Maldives, Nepal, Pakistan, and Sri Lanka.

The report found that despite some progress, accessing justice and compensation remains a significant challenge for victims of sexual violence in most South Asian countries.

In Nepal, the Victim Protection Act, 2075, has provided a well-structured legal framework for protecting the rights of victims, but conflict-era victims of sexual violence still struggle to receive effective reparation and compensation.

The study identified Nepal as one of two countries in the region that have made significant progress in protecting the rights of victims of sexual violence.

One of the key findings of the report is that the lack of a national compensation fund for victims of sexual violence is a significant gap in many South Asian countries.

In Bangladesh, for example, the study found that only 6.8% of rape cases resulted in compensation being awarded by the court.

In Pakistan, while judges have the discretion to award compensation, many victims do not receive compensation even after the perpetrator is convicted.

In India, the provision of compensation to victims is often linked to the conviction of the perpetrator, but the implementation of this varies across different states.

The report also highlighted the challenges faced by victims of sexual violence in accessing forensic examinations, safe shelter services, and legal aid, particularly in rural areas.

The South Asian Campaign for Justice has called on governments, donors, and civil society organizations to take concrete steps to ensure effective compensation systems for victims of sexual violence.

Recommendations

The report makes several recommendations, including the establishment of a national compensation fund for victims of sexual violence that is not linked to the conviction of the perpetrator.

It also calls for the establishment of an interim compensation distribution mechanism to provide emergency assistance to victims, including medical treatment, counseling, and transportation costs.

Furthermore, the report recommends that governments ensure the effective implementation of court-ordered compensation, publish annual statistics on compensation distribution, and standardize guidelines for the operation of victim relief funds.

Finally, the report calls on governments to make information about compensation available in local languages and in an accessible format for all victims.