Maisha Ahmed
Sexual harassment is a form of violence that includes undesirable and unjustified bodily advances with sexual overtones. It is able to show up everywhere, from places of work to educational institutions to public locations and so on. In Bangladesh, women face sexual harassment at work. A female-friendly operating environment is important. Unluckily, no legislative framework criminalizes “sexual harassment” in Bangladesh. Regardless of that, Sexual harassment has been addressed in our laws, which is necessary to follow.
Applicable Provisions
Section 509 of the Penal Code 1860- Whoever utters any word, makes any sound or gesture, or exhibits any object with the intent of insulting a wwoman’smodesty, or intrudes upon her privacy, shall be punished with simple imprisonment for a term up to one year, or with a fine, or with both. Section 10 of the Nari-O-Shishu Nirjatan Daman Ain introduced an offense generally interpreted as “sexual oppression,” which states that Sexual oppression is punishable with a maximum sentence of ten (10) years but no less than three (3) years of rigorous imprisonment and a fine for illegally touching a woman’s cchild’ssexual organ.
After the Bangladesh National Women Lawyers Association (BNWLA) decided to file a writ petition in 2008 challenging the great occurrence of sexual harassment of women on university premises and in offices, in 2009, The High Court issued 11-point directives in the form of guidelines on the prohibition, prevention, and recourse of sexual harassment in the workplace and educational institutions till sufficient and proper legislation in this field is enacted. The court based these guidelines on Bangladesh’s obligations under the Convention on the Elimination of Discrimination Against Women (CEDAW) and our Constitution on gender equality and rights.
By amending Bangladesh Labour Rules 2015, Bangladesh Labour Law brought a provision that addresses the prevention of sexual harassment in the workplace for women in 2022. Bangladesh Labour Rules 2015 (as amended in 2022) will become law in September 2022.
Sexual harassment of women is defined in Bangladesh’s amended Labour Rules 361(KA) as follows:
- Unwanted sexual behavior, such as physical touching or other similar activities;
- Using institutional and professional power to attempt to have a physical relationship;
- Sexual harassment or abusive language;
- Demand or request for sexual favors;
- Showing pornography;
- Sexual comments or gestures;
- Indecent gestures, teasing with abusive language, stalking, and joking with sexual overtones are all prohibited;
- Insults such as through letters, phone calls, cell phone calls, SMS, e-mails, social media, photos, notices, cartoons, writing on chair-table, benches, notice boards, offices, factories, classrooms, and washroom walls with sexual connotations;
- The capture of still or moving images(videos) for blackmail or character assassination;
- Excluded participation in sports, cultural, organizational, and academic activities on the basis of sexuality and sexual harassment.
- To make a love proposal and put pressure on or threaten someone if they refuse.
- In order to establish a sexual relationship, use intimidation, deception, or false assurance.
Rule 361 KA (2) stipulates that a five (5)-member sexual harassment prevention complaint committee should be formed in each workplace, led by a woman, with a majority of women representatives from the organization.
Rule 361 KA (3) stipulates that Sexual Harassment Prevention Guidelines should be developed by the organization and distributed to all of its employees. Each workplace should have one (1) complaint box, and all complaints should be recorded in the register and disposed of.
Sexual harassment would inevitably qualify as misconduct within the definition under the labor law. Hence, the employer will have an opportunity to terminate the employment subject to compliance with labor law.
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The provisions mentioned above (Sections 509 and 10) of the Penal Code 1860 and the Nari-O-Shishu Nirjatan Daman Ain 2000 penalize specific acts of sexual harassment committed by the offender and may be more applicable to sexual harassment of women in public places; on the contrary, The High Court guidelines focus on institutional obligations to protect women inside the workplace and educational institutions, in addition to recourse for sexual harassment.
Should your organization require any guidance for compliance under this provision or committee formation, feel free to reach out to info@juralacuity.com or +8801886119800
