The COVID-19 outbreak has given rise to a worldwide surge in domestic violence – a phenomenon that has been termed as a “shadow pandemic” by the UN. In Bangladesh, where domestic violence has been pervasive from even before the pandemic, the situation has worsened due to lockdown-induced constraints in access to justice for survivors of domestic violence.
An in-depth research titled “Access to Justice for Survivors of Domestic Violence During COVID-19” was presented at a webinar on Saturday, 29 May 2021 which was jointly organised by BRAC Institute of Governance and Development (BIGD), BRAC University and the Rule of Law Programme of GIZ Bangladesh, supported by the German Federal Ministry for Economic Cooperation and Development (BMZ) and the UK Foreign, Commonwealth & Development Office (FCDO). The main objective of the webinar was to share the research findings with the relevant stakeholders and identify policy recommendations and programmatic interventions to address the constraints of women and girls facing violence.
The research was commissioned by the Rule of Law (RoL) Programme, GIZ Bangladesh, a joint initiative under the Ministry of Law Justice and Parliamentary Affairs (MoLJPA) and Ministry of Home Affairs (MoHA). BIGD undertook the study in collaboration with Bangladesh Legal Aid and Services Trust (BLAST), BRAC Human Rights and Legal Aid Services (HRLS) and RDRS Bangladesh. The research aimed to understand the accessibility and effectiveness of Domestic Violence response mechanisms from the perspective of the survivors. Another objective was to explore the experience of service providers during the pandemic.
Key findings of the research show that access to justice for survivors of domestic violence was hampered due to a myriad of reasons. The pandemic crisis was responsible for limiting survivors’ access to formal institutions during the lockdown. Movement restrictions and closure of public transport made it extremely difficult for women to travel outside their homes and reach out for help. Courts were shut and NGOs providing legal aid had to close their physical spaces. Although local authorities became burdened with relief distribution, and the police were implementing lockdown measures, they were eventually able to respond to women seeking assistance.
Many government and non-government institutions adopted measures to provide services during the pandemic, such as district-level hotlines for providing psychosocial counselling and referral services. Virtual courts were operational primarily for urgent matters such as bail hearings rather than for other cases including, domestic violence and family matters.
Dr Imran Matin, Executive Director, BRAC Institute of Governance and Development gave a welcome address to start the programme followed by Promita Sengupta, Head of Programme, Rule of Law, GIZ, who explained the expectations of the research commissioned. Madam Justice Zinat Ara, Honourable Judge (Former), Appellate Division, Supreme Court of Bangladesh was present as the Chief Guest in the event where H.E. Mr Peter Fahrenholtz German Ambassador to Bangladesh Embassy of Germany, Bangladesh; Ms Judith Herbertson, Development Director, Foreign, Commonwealth & Development Office (FCDO), Bangladesh; Ms Ummey Kulsum Joint Secretary (Opinion), (Senior District and Sessions Judge), Law and Justice Division, MoLJPA and National Project Director, GIZ Project were present as guest. The webinar was moderated by Barrister Manzoor Hasan, Centre for Peace and Justice, BRAC University.
In his speech, German Ambassador to Bangladesh H.E. Mr Peter Fahrenholtz said that, “We believe that women’s and girls’ recovery from the pandemic will need to be addressed as early as possible. I sincerely hope that both government and non-government actors will work together to find ways to better support women and girls in accessing justice.”
Ms Ummey Kulsum, Joint Secretary (Opinion), (Senior District and Sessions Judge), Law and Justice Division, MoLJPA and National Project Director, GIZ Project said that “The findings of the research will provide directions for future strategies for the judiciary and relevant institutions in ensuring access to justice for women and children, especially for victims of Domestic Violence and for amending the necessary laws and policies.”
Ms Judith Herbertson stated, “Documenting and analyzing women’s experiences has been very important because it allows us to understand their perspectives as justice seekers, and also the views of service providers. It also allows us to understand the prevention activities at the community level and provides insights into the predictors and triggers of violence that increases the risk of women and girls.”
Speaking as the Chief Guest, Justice Zinat Ara said, “We need to consider the operation of the Courts as an Emergency Service similar to other emergency services that are active during the corona pandemic. Cases of family matters and Domestic Violence should not be compared with the other cases, but cases of Domestic Violence should be given special consideration even in the virtual court operations.”
Rule of Law Programme Head Ms Promita Sengupta said, “As Bangladesh attempts to recover its health and economy during Covid, all planning and actions towards Relief, Recovery, Rebuilding and Rehabilitation must therefore be modelled in such a way as to support and strengthen women’s choices, safety, autonomy and development.”
Ms Jenefa Jabbar, Director, Human Rights and Legal Aid Services, Social Compliance & Safeguarding, BRAC HRLS; Ms Sara Hossain, Honorary Executive Director, Bangladesh Legal Aid and Services Trust (BLAST) and Ms Mazbahun Nahar, Project Coordinator- JPR Project and focal of Women’s Rights Unit, RDRS Bangladesh were present at the webinar and shared their valuable comments and feedback during the open discussion.
The Rule of Law programme (RoL) is supported by the German Federal Ministry for Economic Cooperation and Development (BMZ) and the UK Foreign, Commonwealth & Development Office (FCDO). RoL is working in 26 districts aiming to improve people’s access to justice through prison and justice reform, particularly on issues of overcrowding in prisons and case backlog within the judiciary.
BRAC Institute of Governance and Development (BIGD) is an independent, social science research and post-graduate teaching centre at BRAC University. BIGD works towards promoting innovation and improvement in governance and development processes for a just and prosperous society, by influencing policy and practice using rigorous research and by building fit-for-future capabilities through quality educational programmes.
