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Electronic copy available at: https://ssrn.com/abstract=4039954
Electronic copy available at: https://ssrn.com/abstract=4039954
South Asian Journal of Law, Policy,
and Social Research
Volume 1| Issue 2
February 2022
Addressing Gender-Based Violence
in South Asia
An open-source, peer-reviewed journal
Electronic copy available at: https://ssrn.com/abstract=4039954
The South Asian Journal of Law, Policy, and Social Research (SAJLPSR) is an open
source journal published online by SSRN. Both Issue 1 and Issue 2 of Volume I are a
special edition on the theme of gender-based violence in South Asia. In addition to
online publication, the inaugural issue (Vol. I, Issue 1) was also published in a limited
print run.
Information on the journal is available publicly at http://www.rochester.edu/sba/.
This issue of SAJLPSR has been funded by support from the Susan B. Anthony Center at
the University of Rochester in Rochester, NY, USA. The views expressed do not
necessarily reflect the University of Rochester’s policies.
(ISSN under process)
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A special thanks to Dr. Catherine Cerulli,
who laid the foundation stone of this initiative and without whose
support and guidance this journal would not be possible.
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Foreword
The South Asian Journal of Law, Policy, and Social Research (SAJLPSR) was
founded to fill a gap. There was no peer-reviewed, open-source journal to address social
issues that affect the countries of South Asia. The countries of Afghanistan, Bangladesh,
Bhutan, India, the Maldives, Nepal, Pakistan, and Sri Lanka are connected by
overlapping cultural and ethnic identities and face many of the same challenges. Our
journal—free, peer reviewed, and available to the public—provides a platform for South
Asian researchers, while providing fact-based information that can be presented to
regional legislative bodies.
The journal is a joint effort between the Foundation for Academia, Innovation, &
Thought (F.A.I.T.H.) and the Susan B. Anthony Center at the University of Rochester.
The founders of F.A.I.T.H. and the Editors-in-Chief envisioned the journal as a
mechanism to share ideas and promote dialogue about social problems, bringing
together academics in partnership with legal practitioners and policymakers. We see
research as an essential means to advance just social policies and to find solutions for
multiple regional issues. The trifecta of law, policy, and social research forms the
foundation of our vision.
The first volume of SAJLPSR is dedicated to the topic of Gender-based Violence
(GBV), an issue of concern across South Asia. Currently Asia experiences the greatest
number of women killed by intimate partners or family members, with 20,000 such
deaths in 2017, according to the United Nations’ Global Study on Homicide: Gender-related
killing of women and girls.
While using rigorous research methods, the articles present the impact of
violence against women and girls in stark and vivid terms, as does the accompanying
artwork. Personal narratives about GBV in public spaces highlight the challenges for
women and girls working to attain education and employment. The technique of
qualitative research, using in-depth interviews and thematic analysis of responses,
brings to the fore issues of worsened GBV during humanitarian crisis and the challenges
of providing culturally competent care to South Asian women of the diaspora facing
GBV in the United States. Other articles explore the double impact of facing political and
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familial oppression as well as imaginative ways that women are challenging social
taboos through feminist “edutainment.”
Gender-based violence is a critical public health issue in South Asia. Addressing
this problem requires an interdisciplinary and collaborative approach between
researchers, activists, and policymakers. We offer this second issue of our journal as a
building block for change. Many thanks to Dr. Cerulli for her guidance from 2018 to fall
of 2020 in helping launch this journal and connecting F.A.I.T.H. to the University of
Rochester Susan B. Anthony Center for what has become a fruitful exchange allowing
for mutual learning.
Naseer Husain Jafri and Umair Ahmed Andrabi, Founders, Foundation for
Academia, Innovation, and Thought
Catherine Faurot, MFA, MA, Special Edition Co-Editor, Susan B. Anthony Center
at the University of Rochester
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Electronic copy available at: https://ssrn.com/abstract=4039954
Violence against Women and Girls in Humanitarian Crisis 49
SOUTH ASIAN JOURNAL OF LAW, POLICY, AND SOCIAL RESEARCH
Violence Against Women and Girls in Humanitarian Crisis: Learning from the 2015
Nepal Earthquake
Sapana Basnet Bista, Dr. Kay Standing, Dr. Sara Parker, Shaurabh Sharma
Abstract
Violence against women and girls (VAWG) often increases after disasters and
humanitarian crises. This article presents evidence from Nepal, a country where notable
progress has been made on gender equality, but where VAWG continues to be an
endemic. The 2015 April earthquake in Nepal led to an increase in reporting of VAWG,
and women and girls in camps and temporary shelters reported fear and insecurity
instilled by risk of violence and lack of privacy. Grassroots responses to the earthquake
showed how humanitarian aid, emergency health care, and local disaster responses can
challenge VAWG while offering safe spaces for women and girls. Research since the
earthquakes with activists and non-government organisations (NGOs) indicates how
disaster response efforts face continuous challenges posed by VAWG. This article draws
on interviews with grassroots activists and NGO staff in Nepal, and shares experiences
and lessons learnt that can help in addressing, challenging, and minimising VAWG in
emergency situations and humanitarian crisis.
This article is informed by thematic analysis of qualitative data from three
separate studies, collected by employing semi-structured interviews, focus group
discussions, and social media interaction with women and girls affected by the
earthquake, women activists, and NGO staff.
Our research highlights a number of barriers to addressing VAWG, such as pre-
existing vulnerabilities in low-income contexts, the breakdown of social/family
networks, and lack of pre-crisis protection mechanisms. Further, our findings indicate
that the cultural and socio-economic context influences women and girls’ experiences of
violence during humanitarian crises. Our findings emphasise the importance of taking
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50 Violence against Women and Girls in Humanitarian Crisis
SOUTH ASIAN JOURNAL OF LAW, POLICY, AND SOCIAL RESEARCH
an intersectional and inclusive approach to ensure that all women, including the most
vulnerable women and girls (those with disabilities, Dalits, older women, and single
women) are included in prevention mechanisms, with a special focus on gender-based
violence (GBV) risk assessment and protection interventions.
Based on our research in Nepal, we make recommendations to practitioners and
policy makers for interventions which address VAWG in humanitarian crises.
Key Words: Violence against Women and Girls, Humanitarian Crisis, Nepal
Earthquake, Gender-based Violence
Introduction
It is well documented that violence against women and girls (VAWG) increases in
conflict and post-disaster situations (Bradshaw & Fordham, 2013; Chew & Ramdas, 2005;
Global Fund for Women, 2015, Pittaway et al., 2007). The global prevalence of sexual
violence against refugees or displaced women is estimated to be over 21.4%, suggesting
that approximately one in five refugees or displaced women in complex humanitarian
settings experience sexual violence (Vu et al., 2014). Hazards, disasters, and
humanitarian crises such as tsunamis, landslides, earthquakes, and flooding—events
that are highly prevalent in low-income countries—are indiscriminate in nature and
have no regard for socio-economic hierarchy, religion, age, gender, disability, or caste
(WHO, 2013; Bista et al., 2018). However, preparedness for disaster, its impact, and
recovery from it can largely depend on the individual’s pre-existing vulnerabilities and
the efficiency in humanitarian relief distribution. Disasters and humanitarian crises
impact some groups more than others; research has shown that in Nepal, as elsewhere,
women and girls with disabilities, Dalit women, single women, and female heads of
households, older women, and children separated from families or without families face
certain risks (Fothergill & Squier, 2018; Standing, Parker & Bista, 2016). Ensuring the
protection and well-being of women and children, according to the basic principles
agreed upon by the international community through the Convention on the Elimination
of Discrimination against Women (CEDAW) (1981) and the Convention on the Rights of
the Child (CRC (1990), is a critical human right and fundamental humanitarian concern.
However, VAWG in humanitarian crisis continues to be a major issue with a range of
long-lasting physical and mental health consequences (Campbell et al., 2002; Ellsberg et
al., 2008; Vu et al., 2014).
Electronic copy available at: https://ssrn.com/abstract=4039954
Violence against Women and Girls in Humanitarian Crisis 51
SOUTH ASIAN JOURNAL OF LAW, POLICY, AND SOCIAL RESEARCH
Nepal suffered a catastrophic earthquake on 25 April 2015, followed by over 300
subsequent aftershocks, including one of magnitude 7.3 on 12 May (referred to as ‘the
earthquake’ hereafter), which severely impacted 14 out of 75 districts of Nepal (Figure 1).
The Government of Nepal (GoN) conducted a Post-Disaster Need Assessment (PDNA)
and reported 8,790 deaths and more than 22,300 injuries; the lives of over eight million
people, almost one-third of the population of Nepal, were affected by the earthquake
(GoN, 2015). The impact was more devastating for women than men, as around 55% of
casualties were reported to be female (GoN, 2015). The PDNA attributes the higher
deaths of women and girls to the gendered roles that disproportionately assign indoor
chores to females. The United Nations (UN) estimated that around 40,000 women were
at immediate risk of gender-based violence in post-earthquake Nepal (Inter Cluster
Gender Task Force, 2015), with reports of increased VAWG and an increased risk of
trafficking across the border (CDPS, 2016). People living with disabilities were one of the
disproportionately affected groups during and post-earthquake (Handicap International,
2016; WHO, 2015; CBM, 2016).
Figure 1. Category of earthquake affected districts. Source Nepal Red Cross Society 2015:
https://reliefweb.int/map/nepal/nepal-gorkha-earthquake-2015-initial-report-9-may- 2015
Electronic copy available at: https://ssrn.com/abstract=4039954
52 Violence against Women and Girls in Humanitarian Crisis
SOUTH ASIAN JOURNAL OF LAW, POLICY, AND SOCIAL RESEARCH
Recently, there has been increased focus on questioning the stereotypical ways in
which women and girls are viewed as ‘victims’ of disaster. This realisation has
highlighted the need for socially constructed vulnerabilities to be more visible (Parida,
2019; Bergstrand et al., 2015). Through research and activism, humanitarian workers are
now more sensitive to the need to take a more intersectional and broader perspective to
ensure that issues such as sexual health and VAWG are included along with other
priorities such as providing water, food, and shelter.
Despite the international attention on the impact of 2015 earthquake in Nepal, the
intersectional impact of gender-based violence on marginalised groups has not been
explored in detail. In particular, the risk of violence against women and girls with
disabilities and their lived experiences of devastating disaster and experiences of
recovery from it remain under-researched (Bista & Sharma, 2019).
Understanding VAWG during disasters and/or humanitarian crisis needs to be
informed by the context of gender-based violence in any particular society in ‘ordinary’
times. Fisher (2010) argues that post-disaster VAWG is a manifestation of women’s pre-
existing vulnerability to violence, which is aggravated at times of disaster, intensifying
existing social and gender-based inequalities. This article highlights the importance of
taking an intersectional and inclusive approach to ensure that all women, including the
most vulnerable women and girls with disabilities, Dalits, and single women are
included in VAWG prevention mechanisms, with a special focus on GBV risk
assessment and protection interventions.
Background
Violence against women and girls is a severe human rights violation and a
substantial global health and wellbeing issue. Existing evidence from Bradshaw &
Fordham (2013), Chew & Ramdas (2005), Global Fund for Women (2015), Pittaway et al.
(2007), and many others strongly suggests that sexual violence increases in emergency
situations. Violence against women and girls, especially rape and sexual violence against
women and girls, has been associated with war and conflict throughout human history.
Violence against women and girls impacts not only the individuals but families and
wider communities. However, the reality of VAWG in emergencies is only recently
getting the attention of the community of humanitarian actors (Marsh et al., 2006).
Electronic copy available at: https://ssrn.com/abstract=4039954
Violence against Women and Girls in Humanitarian Crisis 53
SOUTH ASIAN JOURNAL OF LAW, POLICY, AND SOCIAL RESEARCH
Grown and Gupta (2005) report that violence committed against women and girls
kills more women globally than the deaths caused by road-traffic accidents and malaria
combined. Vu et al. (2014) argue that preventing and responding to VAWG in
emergencies remains one of the major challenges for the humanitarian sector. However,
many experts such as Stark & Ager (2011) argue that the overall understanding of the
issue remains inadequate.
For decades, Nepal has been characterised by relentless poverty, sluggish
economic growth, and chronic gender inequality (Standing, Parker & Bista, 2016). The
country is ranked 149th on the Human Development Index (UNDP, 2019) and has a
population of over 27.9 million of diverse socio-cultural, religious, and ethnic groups
(Ministry of Foreign Affairs, 2019). The ten-year-long civil war between 1996–2006
challenged Nepal’s traditional social structure of caste and gender hierarchy. This
created a new landscape for women and marginalised castes and ethnic groups and
intensified their lobby for identity and equality (Parker et al. 2014; Standing, Parker &
Bista, 2016). However, persisting poverty and exclusion on the base of gender, caste, and
ethnicity remain unchallenged, especially in rural parts of Nepal.
The United Nations Development Programme (UNDP) (2019) estimates that 25%
of the female population aged 15 and older experiences physical and sexual violence
from an intimate partner. This figure does not account for other forms of VAWG and/or
lifetime non-partner sexual violence and therefore is highly under- representative of the
actual figure. The National Demographic Health Survey of Nepal (Ministry of Health,
Nepal; New ERA; & ICF, 2017) reports that around 66% of women who experience
physical or sexual violence do not report it. United Nations experts report that, despite
progress made in GBV laws after the earthquake in Nepal, available data indicates that
VAWG was one of the leading causes for deaths of women in Nepal in 2017
(UNOHCHR, 2018).
The Post Disaster Needs Assessment (GoN, 2015) also predicted a much slower
recovery from the impact of the earthquake for women and girls because of existing
inequality, lack of economic resources and alternative livelihood opportunities, no or
very little access to assets, and the burden of domestic duties. This may expose further
risk of VAWG in the recovery phase and elevate the existing inequalities in the context
of Nepal.
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54 Violence against Women and Girls in Humanitarian Crisis
SOUTH ASIAN JOURNAL OF LAW, POLICY, AND SOCIAL RESEARCH
Additionally, it is equally important to consider the existing inequalities and
services that exist in situ as these also impact the response to any disaster. For example,
existing intersecting inequalities due to geographical location, income, caste, ethnicity,
religion, and sexuality all impact gendered experiences. It is well documented that
Nepali women’s identities are intersectional with caste and ethnicity having a significant
impact (Tamang, 2000) and therefore services need to address the diverse needs of all.
There are a number of NGOs and government agencies working to address gender
inequalities in Nepal and these came into play in post-earthquake in Nepal (Standing et
al., 2017). In terms of support for VAWG, one-stop crisis management centres and
community health workers serve as vital entry points for survivors of sexual violence
(Marsh et al., 2006). This is also true in emergencies and humanitarian crises and it is
important that these supports are included in the first response and that gender is
addressed from the onset and not seen as an addition. It is also important for multiple
agencies and sectors to work together due to the need for an interconnected response.
This paper adds to the discourse surrounding GBV in humanitarian crises with insight
from the Nepal earthquake and makes recommendations for ways in which GBV can be
addressed in these situations.
Methods
This article is informed by thematic analysis of qualitative data from three
separate studies, collected through semi-structured interviews, focus group discussions,
and social media interaction with women and girls who lived in temporary shelters,
women activists, and NGO staff. All three studies included in this paper received
institutional ethical approval from Liverpool John Moores University as well as ethical
approval from the Nepal Health Research Council. We started following the impact and
response documented in social media, particularly Facebook, in the wake of the
earthquake. We subsequently conducted email/online, telephone, and face-to-face
interviews (n=20) with NGO staff and key respondents between October 2015 and
January 2016, using our established research connections with NGO officials working in
the field of gender and development in Nepal. Email and social media interviews in
particular have been documented to allow greater access to participants across time
zones and geographical distances, giving participants flexibility to reflect and reply
(Meho, 2006). Opdenakker (2006) reports the method as useful in contexts such as
natural disasters, where it may not be feasible or safe for researchers to enter the field.
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Violence against Women and Girls in Humanitarian Crisis 55
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Key informants from Kathmandu Valley, one of the hardest hit regions, were selected
using convenience sampling.
Two of the authors also undertook semi-structured interviews (n=40) and five
focus group discussions, each with eight participants, with women and girls with
disabilities from Kathmandu valley (n=16), Dhading (n=8), Sindhupalchok (n=8), and
Gorkha (n=8). We recruited study participants using a snowball sampling technique.
None of the participants in any of the study were paid or incentivised for taking part in
the study.
We also reflect on the outcomes and insights gained in a one-day workshop held
in Kathmandu in 2019. A total of 60 stakeholders (Figure 2) from various sectors
attended the workshop which focused on developing a contextual, gender-sensitive, and
disability-inclusive guideline for emergencies. During the workshop, several group
discussions were conducted about the situation of violence against women and girls
with disabilities in Nepal and how it can be prevented and addressed.
Representing Category
Total
Participants
Female
Male
Government Agencies & Local
Government
Representatives
10
4
6
Organizations of People with Disabilities
19
7
12
Other Civil Society Organizations (Incl.
NGOs, INGOs & Academia)
13
10
3
Humanitarian Cluster leads/ Members
6
2
4
Professionals: Disaster Risk Reduction,
Media and Medical
6
3
3
Emergency responders: Nepal Army,
Armed Police and Nepal Police
6
0
6
Figure 2. Numbers and category of stakeholders engaged in the workshop.
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56 Violence against Women and Girls in Humanitarian Crisis
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All studies were conducted in the Nepali language, transcribed and translated
into English. Translated data from all three studies were gathered and analysed using an
inductive approach (Patton, 1990; Frith & Gleeson, 2004; Savin-Baden & Major, 2013)
within thematic analysis (Braun & Clarke, 2006, 2012, 2013; Patton, 2002). In particular,
Braun and Clarke’s (2006) six-step guidance for undertaking thematic analysis guided
the data analysis. We identified five key themes: the rise in VAWG and trafficking of
vulnerable girls; relief distribution and VAWG; the role of water, sanitation, and hygiene
(WASH) in VAWG; menstruation as a neglected issue; and the double impact of violence
and stigma on women and girls with disabilities.
Findings
Rise in VAWG and Trafficking of Vulnerable Girls
This study identifies that women and girls who were living in camps and
temporary shelters, away from their own families and communities, were at heightened
risk of VAWG. They reported feeling isolated, homeless, helpless, and exposed to
violence and abuse. Many leading humanitarian agencies also have reported increases in
incidents of domestic and sexual violence against women earthquake survivors (UN
Women, 2016; The New Humanitarian, 2017; UNOHCHR, 2018). Our previous study
reported on the increase in trafficking of women and girls immediately after the
earthquakes, and the risk of violence and lack of privacy were major concerns for
woman and girls in camps and temporary shelters (Standing, Parker & Bista, 2017).
A female key informant from a women’s rights organisation in Kathmandu noted
that:
Girls who live in Kathmandu away from their families in villages are often
harassed while seeking shelter with other families. Inappropriate touching and
unacceptable comments were key issues outside the tents. But the girls reported
feeling afraid to speak out about it or reporting it in fear of repercussion.
In an online interview, a female case worker from the Gorkha district gave this
example:
14-year-old girl who was looking after her two younger siblings was raped by her
close relative while her widow mother had gone to collect relief materials 3 hours
walk away from their village. The case worker suggested reporting it to the police,
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Violence against Women and Girls in Humanitarian Crisis 57
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but mother refused it as she was afraid of further abuse if they report it (Standing,
Parker and Bista, 2016).
Marsh et al. (2006) suggest there is strong evidence of opportunistic sexual
violence being perpetrated within a climate where there is a breakdown of both social
and legal systems for policing and punishing unacceptable behavior. A year after the
earthquake, incidents of being threatened and abused, as well as increased domestic
violence in camps, were still being reported (UN Women, 2016). One response to this
violence was for relief and support agencies to set up private, safe spaces for women to
receive much needed psychosocial and legal support as well as providing essential
health and wellbeing services.
There was also a rise in trafficking as children were separated from their families
as the result of destruction and displacement. Additionally, the loss of livelihoods that
resulted in economic vulnerability enabled traffickers to persuade parents to handover
their children with false promises of education, food, and a better life being offered.
Focus group discussions with NGO representatives and government officials
mentioned elevated trafficking activities in Dolakha and Sindhupalchok districts; for
example, a male NGO worker stated, “Young girls from poor families were constantly
targeted by the traffickers and we all had to stay alert 24/7 to prevent it.”
The National Human Rights Commission (2016) in Nepal reported a 15% increase
in the numbers of people “vulnerable” to human traffickers during the first three
months following the earthquake. Maiti Nepal, a leading NGO working in the field of
human trafficking in Nepal, reported having intercepted 5,700 vulnerable girls from the
border between Nepal and India. This figure was 2,900 in 2014, the year before the
earthquake (The New Humanitarian, 2017).
Relief Distribution and VAWG
Another key issue that emerged from our research was the violence faced by
women when accessing relief supplies. Relief collection was found to be particularly
challenging for women who resided in rural areas and far from ward and district offices.
Women-headed households and widows reported difficulty in accessing the relief and
were often verbally abused by stronger men from the villages near the headquarters
while waiting for relief collection.
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58 Violence against Women and Girls in Humanitarian Crisis
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A female household head with two young children reported that:
People from my community were very abusive and physically hurt me during
relief collection. I had to line up with strong men from village but often got
pushed out, fell and got hurt. They asked me to send man of the family to collect
relief, but I am a widow.
Women from ethnic minorities and poorer families reported very little access to
livelihood rebuilding opportunities and financial support. Women from these
backgrounds often reported not getting reconstruction cash grants due to the lack of
national identity cards or property documents in their names. A widowed mother of
four from an ethnic background in Dhading district recounts:
My house got demolished by the quake. It was my dead husband’s inheritance, so
I do not have my name on property paper. Because of that I am still struggling to
receive the money. People in the ward office know it was my house but still don’t
make paper for me or give me the money to rebuild.
Focus group discussions with women from the Sindhupalchok district highlighted
the discriminatory behaviour of male members of the community while trying to access
help for rubbish removal. A single woman from the Dalit community pointed out the
inequalities based on gender and caste:
All strong men with big houses from the community decided whose rubble
was to be cleared first. When we asked for assistance, they shouted saying
‘nothing valuable was buried under our old hut’ so we will have to wait until
their rubble was cleared.
The struggle to get assistance for rubble removal led to not being able to access
personal belongings for a long time, and restoration and/or rebuilding work was also
massively hampered, in particular for women and members of the Dalit community,
highlighting existing intersectional inequalities. The PDNA reports a significant
presence of women-headed households in the earthquake-affected districts (GoN, 2015).
Women heading the family are doubly burdened by their routine household activities
and having to access aid and rebuild without much help. Some of the affected districts
such as Gorkha, Dhading, and Sindhupalchok have a much higher female population
due to male outmigration. This issue was also raised in connection to access to water
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supplies and sanitation issues which we now turn to discuss. It is widely acknowledged
that there is an existing vulnerability of women and girls accessing wash facilities
(Sommer et al., 2014) and that this problem is heightened in emergency and
humanitarian contexts.
The Role of WASH and VAWG
The PDNA (GoN, 2015) reports massive damage and disruption to the water,
sanitation, and hygiene (WASH) sector, presenting several increased risks and
vulnerabilities. The assessment acknowledges additional risks of violence and sexual
abuse to girls and women posed by the lack of access to gender-specific, safe toilets in
schools, by the long distances required to travel to water sources, or by seeking privacy
to defecate in the absence of toilets.
Our findings highlight that there were immediate and longer-term incidents of
VAWG as the result of damaged and disrupted WASH facilities. Lack of WASH facilities
in emergency camps and around temporary shelter was reported by women and girls as
an immediate major stressor that impacted the functioning of their day-to-day life. A
female community leader shared that “…having to use open space for bathing or toilet
only covered by a sheet of plastic was a terrible experience. Men would hang around
WASH facilities and often stare and make rude comments at women and girls.”
Focus group discussions in some parts of Kathmandu valley highlighted that a
severe water scarcity resulted from damaged and destroyed water supply systems. A
male member of Armed Police Force recalled, “Many fights broke out around water
distribution tanker, many women and girls were pushed or beaten by men who were
also collecting water. We often had to get involved to break the fights or to manage
queues.”
Sexual abuse and the psychological impact of the stress from lack of water at
accessible and safe locations were reported as a longer-term impact, especially to
adolescent girls and mothers with young children. In areas where the water supply
system was seriously damaged, women and girls faced a double impact, as a mother of
two young children from Dhading district mentions during a group discussion: “We had
to face violent behaviours by male and even female from different communities while
collecting water from other areas. In addition, we also got told off by husbands or
mothers-in-law for taking so much time to fetch water.” A 15-year-old girl added,
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60 Violence against Women and Girls in Humanitarian Crisis
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“Many boys on the way while fetching water try to tease you with vulgar comments and
sometimes try to touch you in wrong places.” Another girl from Dolakha district
recalled, “Once, one boy took my ‘Gagro’ (a traditional water vessel) and did not give it
back to me until I let him kiss me in front of other boys. I felt humiliated and never went
back to that area to get water.” A focus group discussion in Sindhupalchok district also
highlighted that the lack of water and having to use open spaces for defecation led to
compromises in overall personal hygiene, including menstrual hygiene, which impacted
women’s sense of dignity.
Some of the longer-term impact of disruption to the water supply is reported to
lead to restrictions in growing and cultivating cash crops and loss of livestock and
poultry. Most women in the Sindhupalchok and Gorkha districts from female-headed
households reported physical abuses while trying to access irrigation water for their
crops. A woman from Mircot in Gorkha district comments that “Every household was
desperate for irrigation water as people wanted to grow better crops for livelihood, so
the weaker women had to suffer most for the access.” Access to water was also a key
issue for the emergency responses to providing resources to menstruating women and
girls, which in some cases increased vulnerability to GBV in the camps.
Menstruation: A Neglected Issue
Within the responses it was noted early on in the crisis that lack of access to
products and the means of managing menstruation in a dignified manner for women
and girls placed them in a vulnerable position. Our findings highlight that immediate
relief activities lacked menstrual health management activities. Most respondents
reported not receiving any menstrual health and hygiene supplies during the first 3 to 4
weeks and respondents from Kathmandu valley reported receiving a limited supply
from small NGOs after the second week following the earthquake. Lack of menstrual
products in relief supplies lead to further restriction and stigma towards menstruating
girls and women. Some of the women interviewed in a focus group reported that they
were told that two re-washable sanitary pads were enough for the whole menstrual
cycle, but others disputed this and said they needed more. One girl interviewed did not
feel comfortable being provided with menstrual products in a public space saying, “It
was a most embarrassing moment to ask for sanitary pads in front of so many men.”
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Many girls and women from Gorkha and Dhading district reported having to
sleep outside their temporary, one-room shelter during menstruation. There are many
stigmas and taboos associated with menstruation in Nepal that exclude people who
menstruate from public spaces, and in some cases force them to sleep in separate rooms
or huts during their period (Parker and Standing, 2019). These practices are referred to
as ‘chaupadi’ and are often associated with being confined to a goat or cow shed.
However, the practices are varied and complex and led to many areas of
exclusion. A female NGO representative reports, “Menstruating women and girls were
often rejected from spaces in shared tents leading to further risk and stigma at the time
of such humanitarian crisis.”
Losing access to shelter exposed females to the further risk of sexual abuse by
opportunistic perpetrators in the community. A teenage girl from Gorkha district recalls:
Because we are not allowed to touch anything in the house during menstruation
and our family shelter was just one room, my sister and I had to sleep outside of
the shelter. We used to be very scared of drunk men and wild animals at night.
A mother of three children from Dhading districts shares her experiences:
We don’t practice ‘chaupadi’ in our family traditionally. Bur after the earthquake,
I was not allowed to sleep inside our tin house because all male members of the
family slept there. I had to sleep near the goat shed. This experience was scarier
and more humiliating than the earthquake itself.
The intersectionality of stigma around caste, gender, and menstruation meant
many women faced more stigma and violence in temporary accommodations. A female
community health worker from Gorkha district stated, “Most women in our village
survived the earthquake only to face suffering, social stigma, and violence.” Women and
girls with disabilities reported having been especially affected by violence and stigma
while menstruating in emergency shelters. A female amputee and a wheelchair user
recounted her experience, “I had to drag my body over urine-saturated mud to use the
facility while on my period; I cried so many times. No one had understanding of the
needs of women and girls with disabilities.” The increased violence against women with
disabilities was an issue raised and widely discussed by all stakeholders in the
Kathmandu workshop.
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The Double Impact of Violence and Stigma on Women and Girls with Disabilities
The vulnerability of women and girls with disabilities intensified after the
earthquake, leading to psychosocial trauma and medication longer-term. Women and
girls with disabilities reported increased psychological, physical, and sexual violence by
comparison with their pre-earthquake experiences, particularly around shelters and
camps (Bista & Sharma, 2019). Findings from focus group discussions in Gorkha,
Dhading, Sindhupalchok, and Kathmandu highlighted exacerbated physical and
psychological violence against women and girls with disabilities in comparison to these
incidents prior to the earthquake. This physical and psychological violence was often
committed by husbands, other family members, relatives, and community members;
whereas sexual violence against these females was reported to be committed by close
relatives, family members, or an opportunist stranger from surrounding areas.
Some women with disabilities reported increased intimate partner violence and
violence by a close family member after the earthquake. This violence was often excused
by other family members as being due to the stress caused by the earthquake,
highlighting how violence can become normalised and accepted following disasters.
Violence can often be excused due to misplaced frustrations. For example, a female who
uses crutches for mobility reported:
I often get beaten by my husband and mother-in-law for not being able to do
heavy work in clearing rubble or in the field. Before earthquake, I was asked to do
housework only so there was no problem for me. Now I am constantly scared
about the next beating.
Physical and psychological violence against single women with disabilities was
also reported in and around relief distribution sites and local government offices. The
right to receive humanitarian assistance, and to offer it, is a fundamental humanitarian
principle which should be enjoyed by all citizens of all countries (IFRC, 1996). The prime
motivation of a disaster response should be saving lives and alleviating suffering,
especially to those least able to withstand the stress caused by disaster and to protect
human dignity. However, this was not the case for women and girls with disabilities
after the Nepal earthquake. As one woman who is blind in one eye recounts:
My husband was in Dubai; it was me and my two young daughters when the
earthquake demolished our house. I went to the ward office numerous times only
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to be verbally abused and humiliated. But I know people with connections to the
ward office had received more relief supplies than they needed.
The earthquake experiences were worse for women and girls who were deaf or
blind or deaf and blind. A deaf and blind girl reports:
I got taunted for not being able to hear or see if there is another earthquake.
Teachers said I should stay at home during aftershocks as they did not want to
evacuate me all the time. I have stopped going to school after the earthquake.
A male member of staff from a disabled people’s organisation mentions the sexual
assault of a deaf girl while she was collecting firewood. “This deaf girl who was
collecting firewood in the jungle was groped and ejaculated on. She tried making noise
by hitting a tree with a stick, but her family members were too far to hear.”
These experiences highlight the added vulnerability faced by women and girls
with disabilities that further silences their voices and violates their human rights. It is
important therefore to recognise the intersectionality of issues women and girls in
disaster situations face, and for emergency responses to be both gender and disability
sensitive. As a female representative from women’s organisation said in the interview:
Nepal’s community of grassroots women are capable and ready to offer their
leadership, and to help guarantee that reconstruction policies meet the needs of
the most marginalised. Their demands centre on a crucial point that women must
not be seen only as recipients of aid but also as meaningful participants and
leaders in reconstituting their country.
Our findings highlight that being a woman or girl with a disability, with very
limited rights and independence, and reduced access to financial resources resulted in
increased longer-term violence.
Conclusion
The humanitarian response to the Nepal earthquake highlighted some areas
where local good practice existed, but also areas where responses can be improved to
prevent and address VAWG effectively. Several practical lessons can be drawn from the
research on combating this issue in Nepal and more widely in addressing GBV in
humanitarian crisis. On the basis of the research findings, we highlight the need for
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contextualised, community-oriented solutions led by grassroot leadership in tackling
VAWG.
To combat VAWG in Nepal, in the current challenging situation with a history of
political instability, a new constitution, new federal structure government, and the
recent earthquake, the only way forward can be through engaging grassroots women’s
leaders in policymaking and implementation at all levels. Despite the provision of a 33%
quota system for female candidates to reduce disparities and address women’s absence
in the local and national government, women’s organisations argue that the political
representation is merely tokenistic. The overrepresenting male leadership is heavily
criticized for not fostering a capacity-building environment to address the knowledge
and skill gap for women. Nepali women, who represent more than 50 percent of the
total population, are still left behind in terms of meaningful participation and
representation in all aspects of life and are still suffering discrimination induced by
patriarchal society. Community-based approaches where all intersections of gender are
equally enabled to participate, influence, and make decisions to address VAWG can
reinforce communities’ ownership of policies and plans. In particular, in crisis situations
where timely and effective response is crucial to save lives and livelihoods, local
response is often evidenced to be the first response.
Therefore, it is important that national and international responses utilise the
lived experiences and contextual knowledge that grassroots organisations have, in order
to deliver effective and appropriate responses to the needs of women and girls.
Additionally, to address the issue of the invisibility of the needs of women and girls
with disabilities amongst humanitarian actors, it is equally important to engage with the
local Organisations for Persons with Disabilities. Having access to desegregated data
from the ward office and consultation with local self-help groups of disabled people can
help the humanitarian assistance to be inclusive of the diverse needs of women and girls
with all types of disabilities. Integration of GBV risk assessment and indicators for
inclusive aid in the rapid need assessment conducted immediately after the disaster
strikes can help national and international agencies in procuring and distributing need
specific relief. This can also help in identifying the risk of violence and addressing safety
and security concerns for women and girls who are particularly at heightened risk of
VAWG. The need for gender-sensitive humanitarian aid was highlighted by women
who worked on GBV issues during the Nepal earthquake crisis. As a result, gender,
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GBV, and trafficking indicators were integrated into the Displacement Tracking Matrix
developed by the International Organisation for Migration in their role as the Lead
Agency in the Camp Coordination and Camp Management Cluster (CCCM, 2016).
However, the indicators of a disability-inclusive response were missed by this
intervention.
Shelter design and management teams need to pay particular attention to the
WASH and menstrual health management services. Adequate and accessible WASH
facilities can save many women and girls from the double trauma of disaster and
violence post-disaster. Use of traditional knowledge and local resources can help in
providing adequate facilities instead of waiting for limited international supplies to
arrive. Safe spaces are also central to supporting women and girls in emergencies. Local
providers and grassroots organisations have knowledge and understanding of both the
geography and socio-cultural background of women and girls in that area.
While discussing the safety and security of women and girls in disaster and post-
crisis settings, it is imperative to understand that their vulnerability is not ‘naturally
inherited by birth’, but social in origin. It is evident from these women and girls’
experiences that disasters can have a disproportionate impact along with the added
burdens of gendered roles and the tasks associated with reconstruction. To prevent and
address VAWG, the population who are already burdened by multiple gendered duties,
constrained by patriarchal social values, and with very little opportunities to leadership,
we need to include men and boys in the process.
Challenging violence needs to start with changing the attitudes and beliefs of men
and women equally. If women and girls need to learn to say ‘no’ and to report and seek
help when VAWG occurs, men and boys need to understand, value, and respect women
and girls’ roles in family and society, their opinions, and wishes. Violence against
women and girls is everyone’s issue and so is VAWG with disabilities. Therefore, all
parties, including the perpetrators, need to be included in the discussions and educated
simultaneously. Many of the immediate responses to tackle and mitigate VAWG, such as
self-defence training and safe spaces, while important initiatives, can themselves be
problematic, as already burdened women have to stress about learning to protect
themselves, rather than men learning about respecting women and not committing
heinous acts of rape and abuse.
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Additionally, the psychosocial impact of disasters on men as well as women must
be addressed through individualised approaches as well as in mixed group sessions
where both parties can hear the experiences and struggles of the opposite gender.
Violence against women and girls is often used to maintain power and control over
women in both disaster and ‘usual’ times. Mixed group activities can help teach that
understanding and respect for one another in the team can yield to better outcomes than
power and control. While addressing the issue of VAWG collectively, it is equally
important to address the issue of men’s mental health, drinking habits, and access to safe
spaces to discuss psychosocial health in post-disaster settings.
Finally, VAWG can be best addressed in inter-agency collaborative intervention
that supports community-focused and community-led approach with meaningful
participation of women and girls at the heart of it. Making further policies and laws will
not address the issue unless there is effective implementation and accountability for
failure to do so. National and international humanitarian response frameworks and tools
need to be adopted and contextualised so every stakeholder involved has a clear
understanding of how to prevent and address VAWG, the meaning of ‘do not harm’,
and the right to safety and dignity, and uses this clear understanding to become
responsible for providing gender-sensitive and disability-inclusive humanitarian
response.
Recommendations
Some specific recommendations for developing gender-sensitive and disability-
inclusive guideline for the emergency responders came from the workshop in
Kathmandu. These were:
Disaggregated data should be collected for need specific aid delivery.
Capacity mapping and need assessment of Organisations for Persons with
Disabilities and Civil Society Organisations.
Rapid need assessment must be gender-sensitive and disability-inclusive.
Formation of gender balance response team.
Need-based relief material stockpile at local level.
Capacity development for household level preparedness.
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Participation of OPDs in the planning of inclusive policies, guidelines, and
implementation from local, regional, and national level.
All the OPDs should have gender-responsive emergency response action plans.
Mapping, identifying, and sharing of information/data on open safe space.
We acknowledge that men and boys are also subjected to sexual violence,
especially in war and conflict settings, and very little efforts can be seen to address the
issue.
However, women and girls are subjected to all forms of violence at
disproportionate scale. Violence against women and girls continues to create power
imbalances, violate human rights, infringe opportunities to recover from crisis, and
compromise the dignity of affected women and girls throughout the world, while
climate change-induced and human-made disasters are increasingly challenging our
lives and livelihoods. Therefore, we recommend that risk assessment for VAWG be a
key part of rapid need assessment in any disaster setting and all national and
international humanitarian responders undertake inclusive gender sensitisation
trainings. We further recommend local and national collaborative efforts to strengthen
gender and disability-inclusive violence prevention, reporting, and justice mechanisms.
These efforts should include women and girls from all intersections of society, including
third gender, as well as men and boys, so that no one is left behind.
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them to seek help for abuse (Finfgeld-Connett & Johnson 2013). Similarly, when it came
to social support, while most women talked about how supportive family and friends
were, some others also talked about the ridicule, lack of support, and further
victimization from their social support systems (Yoshioka, Gilbert, El-Bassel, & Baig-
Amin , 2003). Stigmatization of divorce and the belief that broken families bring
dishonor to the entire family had a role to play in such responses from the community.
Research with abused South Asian women in the United States has already stated that
both children and support from the community can work both ways (Jordan &
Bhandari, 2016; Rai & Choi, 2018), reinforcing that what is essential is to try and convert
each barrier into a facilitator. For example, the community in general and South Asians
in particular need to come together to help the woman in crisis with immediate material
and emotional support as well as to enable her to sustain the long legal battle, especially
when she decides to take action.
All the participants in the current study were recruited from SAWOs and about
66% of the participants had either permanent residency or naturalized U.S citizenship
while only 33% were on non-immigrant visas. One reason for these statistics could be
that women felt safe to seek help when their immigration status was more robust and
permanent in this country. Another reason could also be that some women participated
in the study after being out of the abusive situation for a very long time and had attained
their permanent residency or United States citizenship by then. Women also did not
view going back to the home country as a viable option due to the stigmatization of
divorce (Jordan & Bhandari, 2016; Finfgeld-Connett & Johnson, 2013). Most women in
the current study described their natal family as not being supportive in the beginning
but later, as the abusive situation got worse, as providing some form of support. The
natal family being supportive towards the abused woman needs to be viewed in the
context of how South Asian marriages occur as well South Asian values. Most marriages
in the South Asian culture occur between two families and within a cultural belief in
interdependence; that is, collectivism rather than individualism (Jordan & Bhandari,
2016).
There is ample research to support the excellent work that SAWOs are doing all
over the United States (Kapur, Zajicek, & Gaber, 2017). All but one participant in the
current study shared positive experiences with SAWOs and all but one were grateful for
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the culturally sensitive emotional and material support provided by them. At times the
SAWO was the only anchor that women could rely on locally. Therefore, the need of the
hour is to fortify the SAWOs both in terms of material support as well as having trauma-
informed care staff on board. Abundant institutional support with funding can make a
big difference in the kinds of help offered by SAWOs. Most major cities of the United
States with high South Asian population have SAWOs. However, mid-sized cities,
metropolitan, and rural areas with lesser South Asian population either lack adequate
SAWOs or do not have any at all. It is therefore important that in these areas mainstream
organizations are able to collaborate with the nearest SAWO to address the needs of
South Asian survivors. SAWOs are likely to have more expertise in understanding the
South Asian cultural belief systems and practices, while mainstream organizations may
be adept in practices and social categories that derive their meaning from the United
States context, so it is crucial that the two work together rather than separately.
Therefore, both types of organizations can complement each other by working together
to address the needs of South Asian survivors of DV.
Clinical Implications
The focus on various barriers and facilitators will enable service providers to work
on interventions for South Asian survivors of DV. As stated above, there is an urgent
need to augment SAWOs with resources and to provide culturally sensitive and
affordable legal help to South Asian women who decide to leave abusive situations.
Almost all women in the current study struggled to obtain culturally sensitive and
affordable legal help. Pro-bono lawyers with requisite immigration knowledge are
needed to help, especially with regard to custody of children, fighting to maintain legal
status of women in the US, and advocating for a fair amount of alimony. There is also a
need for mainstream organizations to collaborate with the nearest SAWO so that women
can receive the required culturally sensitive services. It may also be helpful to provide
women with information about SAWOs and other mainstream organizations on
small cards and place them in women’s restrooms, places of worship, grocery stores,
doctor’s offices, etc. Public health announcements in Hindi and other Indian languages
around what to do when abused may be very important for South Asian women. The
South Asian community in general needs to be aware about the complex nuances of DV
and to be supportive towards women who decide to take action about the abuse in their
lives. Since women expressed the desire to continue to stay in the United States, rather
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Facilitators and Barriers to Addressing Domestic Violence among South Asian Women in the U.S. 91
SOUTH ASIAN JOURNAL OF LAW, POLICY, AND SOCIAL RESEARCH
than returning to their home country, it is all the more important to bolster up the
services and legislation in this country to support abused women (Mahapatra & Rai,
2019).
Conclusion
When abused South Asian women decide to speak out and seek help for abuse,
they put their entire life at stake, as they are vulnerable to losing custody of their
children and their middle class lifestyle and to further bring a bad name to themselves
and their family in the South Asian community both in the home country and in the
United States. Yet, these brave women decide to seek help and hence the least the South
Asian community can do is to come together and support these women rather than
distance themselves or ridicule the survivors.
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92 Facilitators and Barriers to Addressing Domestic Violence among South Asian Women in the U.S.
SOUTH ASIAN JOURNAL OF LAW, POLICY, AND SOCIAL RESEARCH
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Special Thanks
F.A.I.T.H. Student Advisory Board
Miran Ahmad, Student, Faculty of Law, Jamia Millia Islamia
Vareesha Irfan, Student, Faculty of Law, Jamia Millia Islamia
Amaan Nisar, Student, Faculty of Law, Jamia Millia Islamia
Mohammad Haroon, Student, Faculty of Law, Jamia Millia Islamia
Special Edition Editorial Board – In Alphabetical Order
Umair Ahmed Andrabi is the Co-Founder & Director of the Foundation for Academia,
Innovation & Thought (F.A.I.T.H.). He has graduated from the Faculty of Law, Jamia
Millia Islamia, and is currently practicing law at the High Court of Delhi and
subordinate courts. Umair sees law as a crucial instrument of social change and believes
quality research should be reflected in policy making and should be made accessible to
everyone.
Trisha Aurora, our Lead Medical Student Editor, is a medical student at the University
of Rochester School of Medicine and Dentistry. She holds a Bachelor of Science from the
University of Rochester in Neuroscience. Her interests include women's health, mental
health, and working with underserved communities.
Catherine Faurot MA, MFA, is Assistant Director of the Susan B. Anthony Center at the
University of Rochester, where she works on social justice and human rights issues
through dissemination, international projects, community and campus engagement
work, and social media efforts. She holds Masters degrees in writing from Dartmouth
College and Bennington College.
Zena Shuber is a faculty member in the Department of Psychiatry at the University of
Rochester Medical Center and is the Director of Community Relations for the
Department. She is also the Director of Community Engagement for Translational
Sciences at the Laboratory of Interpersonal Violence and Victimization (LIVV).
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SOUTH ASIAN JOURNAL OF LAW, POLICY, AND SOCIAL RESEARCH
Naseer Husain Jafri is the Co-Founder & Director of the Foundation for Academia,
Innovation & Thought (F.A.I.T.H.). He has graduated in law from Faculty of Law, Jamia
Millia Islamia, and is currently pursuing his Masters in Law from Faculty of Law,
Aligarh Muslim University. Naseer is a passionate student of law and has a keen interest
in contributing to the research sector, believing that fostering communication between
different groups of people is essential for the development of a globalized world.
Joloire Lauture is from New York City and is currently a medical student at the
University of Rochester School of Medicine and Dentistry. In 2016, she received a
Bachelor of Arts from the University of Rochester in English Literature. Her research
interests have included access to permanent supportive housing and healthcare for
homeless individuals and the social determinants of health of women coming out of
incarceration.
Olga Alvarez Lopez is a medical student at the University of Rochester School of
Medicine and Dentistry. She received a bachelor’s degree in Sociology and Biological
Sciences from the University of Pittsburgh. Her work is focused on oncology, healthcare
barriers, and social justice.
Mona Mittal, PhD, is Associate Professor in the Department of Family Science, School of
Public Health at the University of Maryland, College Park. As a clinical researcher Dr.
Mittal is engaged in prevention and intervention research aimed at improving health
outcomes of women with experiences of gender-based violence.
Diane Morse, MD, is an internal medicine physician and researcher with special skills,
training, and experience regarding women with co-morbid substance use disorders,
under-treated medical conditions, trauma history, domestic violence, and criminal
justice involvement. She also has extensive experience as an educator and researcher in
medical communication. To learn more about Dr. Morse and the Women's Initiative
Supporting Health Transitions Clinic (WISH-TC), read her recent interview with The
Fortune Society's Reentry Education Project at :http://tinyurl.com/dsmorse.
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Corey Nichols-Hadeed, JD, is an associate in the Department of Psychiatry at the
University of Rochester Medical Center (URMC). Her expertise includes regulations
governing human subject research, conducting research with vulnerable populations in
community settings, and coordinating court based research studies linking intimate
partner violence victims with mental health.
Margaret L. Phillips, JD, is Associate Professor and Director of the Paralegal Studies
program at Daemen College in Buffalo, New York. She advocates for paralegals to assist
in resolving the access to justice crisis, and researches and writes in the area of legal
pedagogy for college students.
Dr. Faizanur Rahman, PhD, is an Assistant Professor at the Faculty of Law at Jamia
Millia Islamia, located in New Delhi. He has been working as a mentor to the F.A.I.T.H.
student team and supports open access to peer-reviewed dissemination of science.
Tanisha is a lawyer and has graduated from the Faculty of Law, Jamia Millia Islamia,
and is currently practicing Law at the High Court of Delhi and subordinate courts. She
also runs an NGO in her hometown which promotes free education for underprivileged
children and sexual health education for women. With Foundation for Academia,
Innovation & Thought (F.A.I.T.H.), she believes in actively bridging the gap between
law and the social sciences.
Christopher D. Thomas is Counsel at Nixon Peabody LLP. He is a trial lawyer with 35
cases-to-jury verdict. He focuses his practice on the aggressive representation of people,
businesses, and non-profits. Major clients include universities, utilities, construction, and
pharmaceutical companies.
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