Gulam Rabbani :
Women of our society most of the time face indecent comments from colleagues at workplaces or from classmates in the educational institutions. But greater numbers of them suppress those unhappy incidents, while fewer protest. Some are committing suicide as they are unable to cope with acute mental pain.
Nusrat Jahan Rafi, a student of Sonagazi Islamia Senior Fazil Madrasa, who finally succumbed to her injuries after being set on fire, had also stated that she was sexually harassed by the Madrasa Principal.
Sources said, no law has ever been formulated for trial or to prevent sexual harassment in the country. Following a writ petition, filed by the Bangladesh National Women Lawyers’ Association (BNWLA), the High Court (HC) in 2009 delivered a verdict in which a policy was also issued in order to prevent sexual harassment in the educational institutions and at the workplaces.
The HC directed all concerned to follow the policy until the law was formulated. But there is no application for that policy in the country. In light of the verdict, the Law Commission recommended a law in 2010. But the recommendation was not taken into cognizance by the authorities.
Advocate Fawzia Karim Firoze, President of Bangladesh National Women Lawyers’ Association said, sexual harassment will not come down if the government is not active.
“Government’s Ministries were the respondents in the case in which the HC issued a policy in order to prevent sexual harassment at the educational institutions and at the workplaces. The government’s Secretaries had the responsibility to implement the instructions. But they are not doing it. Nothing has been done to implement the verdict till today. It is government’s responsibility to implement the verdict. People would be aware if they implement it. The definition
of sexual harassment was described there,” she said.
In the verdict, the court directed the authorities concerned to form a five-member harassment complaint committee headed by a woman at every workplace and institution to investigate allegations of harassment of women. Majority of the committee members must be women, it ruled.
Quoting the HC observations in its verdict, lawyers concerned then said the committee will examine complaints from girls or women if they are subjected to any mental, physical or sexual harassment, and recommend to the authorities to take action against the accused persons.
Disturbing women and children through letters, e-mails, SMS, posters, writings on walls, benches, chairs, tables, notice boards and threatening or pressing them to make sexual relations are sexual harassment and torture, the lawyers said quoting the judgement.
They also said, rape, sexual provocation, envious or intentional propaganda against women and children, and showing such films, digital images, paintings, cartoons, leaflets, posters and still photographs are also considered as indirect sexual harassment and torture.
According to the guidelines, nobody can touch or hurt with any bad intention of any part of the body of a girl or woman. Any indecent word or comment cannot be used about them, and any unknown adult girl or any woman cannot be addressed as a beautiful one with any bad intention.
The HC prohibited the authorities concerned from disclosing the names and addresses of the complainants and accused persons until the allegations are proved. It also criminalized teasing women and children through e-mail or telephone, and ordered that any kind of provocation or character assassination will have to be stopped.
After the HC verdict, Advocate Fawzia Karim Feroze, a counsel for the petitioner, said sexual harassment can be physical, verbal or non-verbal.
The HC asked the Law Secretary, Women and Children Affairs Secretary, Education Secretary, Labour Secretary, Information Secretary, University Grants Commission (UGC), University Authorities, Bangladesh Garment Manufacturers and Exporters Association (BGMEA), Bangladesh Knitwear Manufacturers and Exporters Association (BKMEA), Bangladesh Police and Bangladesh Bar Council to comply with the guidelines.
But a new study recently revealed that a majority of University students and professionals are not aware of the directions of the Supreme Court to prevent sexual harassment issued in 2009. The study, titled “Sexual Harassment at Educational Institutions and Workplaces: Implementation Status of the 2009 Supreme Court Guideline” carried out by ActionAid Bangladesh, found that 87 per cent of University students do not know the directions, and 64.5 per cent of professionals are not aware of them.
The HC directed the government to make a law on the basis of the guidelines, and ruled that the guidelines will be treated as a law until the law is made. In light of the verdict, the Law Commission recommended a draft law of sexual harassment in 2010. There is a total of 21 Sections in the “Sexual Harassment Prevention at Educational Institution and Workplace Act, 2010 (Proposed Draft)”. But the law has not yet seen the face of light.
Women of our society most of the time face indecent comments from colleagues at workplaces or from classmates in the educational institutions. But greater numbers of them suppress those unhappy incidents, while fewer protest. Some are committing suicide as they are unable to cope with acute mental pain.
Nusrat Jahan Rafi, a student of Sonagazi Islamia Senior Fazil Madrasa, who finally succumbed to her injuries after being set on fire, had also stated that she was sexually harassed by the Madrasa Principal.
Sources said, no law has ever been formulated for trial or to prevent sexual harassment in the country. Following a writ petition, filed by the Bangladesh National Women Lawyers’ Association (BNWLA), the High Court (HC) in 2009 delivered a verdict in which a policy was also issued in order to prevent sexual harassment in the educational institutions and at the workplaces.
The HC directed all concerned to follow the policy until the law was formulated. But there is no application for that policy in the country. In light of the verdict, the Law Commission recommended a law in 2010. But the recommendation was not taken into cognizance by the authorities.
Advocate Fawzia Karim Firoze, President of Bangladesh National Women Lawyers’ Association said, sexual harassment will not come down if the government is not active.
“Government’s Ministries were the respondents in the case in which the HC issued a policy in order to prevent sexual harassment at the educational institutions and at the workplaces. The government’s Secretaries had the responsibility to implement the instructions. But they are not doing it. Nothing has been done to implement the verdict till today. It is government’s responsibility to implement the verdict. People would be aware if they implement it. The definition
of sexual harassment was described there,” she said.
In the verdict, the court directed the authorities concerned to form a five-member harassment complaint committee headed by a woman at every workplace and institution to investigate allegations of harassment of women. Majority of the committee members must be women, it ruled.
Quoting the HC observations in its verdict, lawyers concerned then said the committee will examine complaints from girls or women if they are subjected to any mental, physical or sexual harassment, and recommend to the authorities to take action against the accused persons.
Disturbing women and children through letters, e-mails, SMS, posters, writings on walls, benches, chairs, tables, notice boards and threatening or pressing them to make sexual relations are sexual harassment and torture, the lawyers said quoting the judgement.
They also said, rape, sexual provocation, envious or intentional propaganda against women and children, and showing such films, digital images, paintings, cartoons, leaflets, posters and still photographs are also considered as indirect sexual harassment and torture.
According to the guidelines, nobody can touch or hurt with any bad intention of any part of the body of a girl or woman. Any indecent word or comment cannot be used about them, and any unknown adult girl or any woman cannot be addressed as a beautiful one with any bad intention.
The HC prohibited the authorities concerned from disclosing the names and addresses of the complainants and accused persons until the allegations are proved. It also criminalized teasing women and children through e-mail or telephone, and ordered that any kind of provocation or character assassination will have to be stopped.
After the HC verdict, Advocate Fawzia Karim Feroze, a counsel for the petitioner, said sexual harassment can be physical, verbal or non-verbal.
The HC asked the Law Secretary, Women and Children Affairs Secretary, Education Secretary, Labour Secretary, Information Secretary, University Grants Commission (UGC), University Authorities, Bangladesh Garment Manufacturers and Exporters Association (BGMEA), Bangladesh Knitwear Manufacturers and Exporters Association (BKMEA), Bangladesh Police and Bangladesh Bar Council to comply with the guidelines.
But a new study recently revealed that a majority of University students and professionals are not aware of the directions of the Supreme Court to prevent sexual harassment issued in 2009. The study, titled “Sexual Harassment at Educational Institutions and Workplaces: Implementation Status of the 2009 Supreme Court Guideline” carried out by ActionAid Bangladesh, found that 87 per cent of University students do not know the directions, and 64.5 per cent of professionals are not aware of them.
The HC directed the government to make a law on the basis of the guidelines, and ruled that the guidelines will be treated as a law until the law is made. In light of the verdict, the Law Commission recommended a draft law of sexual harassment in 2010. There is a total of 21 Sections in the “Sexual Harassment Prevention at Educational Institution and Workplace Act, 2010 (Proposed Draft)”. But the law has not yet seen the face of light.
