Sexual harassment: HC's directives remain unimplemented even after 16 years

Recently, numerous incidents of sexual harassment have come to light across the country, sparking protests in various educational institutions, social, cultural, and human rights organizations. However, legal experts believe that if the High Court's directives on preventing sexual harassment, issued 16 years ago, had been implemented, such heinous crimes would have significantly decreased. According to them, the lack of accountability in cases of sexual harassment has led to a rise in such offenses, as well as an increase in the number of victims who are forced to remain silent.

A recent incident involved a female student at Dhaka University who was sexually harassed by a male staff member at the university's central library. The assistant bookbinder, Mostafa Asif Arnob, made obscene remarks about the student's clothing and asked suggestive questions. Although Arnob was arrested, he was later released on bail, after which a group of people even honored him with a "reception." Similarly, Jagannath University law student Fairuz Sadaf Avantika committed suicide on March 15 last year after facing harassment and threats following her complaint of sexual harassment. Other incidents include the sexual harassment of a 23-year-old student at Begumganj Textile Engineering College in Noakhali, an attempted rape of a seventh-grade student in Bhairab, Kishoreganj, and the molestation of three schoolgirls during a school trip in Ghatail, Tangail. Additionally, there was an incident of robbery and sexual harassment of female passengers on a moving bus from Dhaka to Rajshahi.

According to Ain o Salish Kendra (ASK), 11 women were victims of sexual harassment in January 2025 alone. Their data also shows that 165 cases of sexual harassment occurred in 2024 and 142 in 2023. A survey by the Bangladesh Mahila Parishad revealed that, as of February 2025, 58% of female employees have faced physical or psychological harassment in the workplace, with nearly 43% experiencing sexual harassment. The Bangladesh National Women Lawyers' Association reported that only 20% of workplace and educational institution sexual harassment cases result in justice.

In response to the growing issue, the High Court issued a set of guidelines on May 14, 2009, following a writ petition filed by Advocate Salma Ali, the Executive Director of the Bangladesh National Women Lawyers' Association. The guidelines aimed to:

1. Raise awareness about sexual harassment,

2. Educate people about the negative consequences of sexual harassment, and

3. Establish sexual harassment as a punishable offense.

According to the High Court's ruling, these guidelines are legally binding under Article 111 of the Constitution of Bangladesh. Until a specific law is enacted, all government and private institutions, including workplaces and educational institutions, are required to follow these guidelines.

The key directives include:
Preventing Sexual Harassment: Effective measures must be implemented in all institutions.

Employer Responsibility: Employers and relevant authorities must take legal action against sexual harassment incidents.

Raising Awareness: Employers and institutional authorities must take steps to prevent sexual harassment.

Enforcing Disciplinary Rules: Proper regulations must be established and enforced to prevent sexual harassment.

Accepting Complaints: Institutions must have mechanisms to accept and address complaints of inappropriate behavior.

Establishing Complaint Committees: Every workplace and educational institution must form a complaint committee with at least five members, the majority of whom should be women. Ideally, the committee should be led by a woman.

Timely Complaint Submission: Complaints should be filed with the committee within 30 working days.

The High Court had also instructed the government to promptly enact a law based on these guidelines. In response, the Ministry of Women and Children Affairs recently drafted a law on workplace and educational institution sexual harassment prevention. This draft law outlines the formation of complaint committees, investigation procedures, punitive measures, definitions of sexual harassment, and penalties for false accusations.

The draft law defines sexual harassment as:
Verbal Misconduct: Sexual remarks, jokes, or comments with sexual implications.

Displaying Pornographic Material: Showing or distributing sexually explicit content.

Non-Verbal Harassment: Lewd gestures, whistling, or sexually suggestive body language.

Blackmail & Defamation: Recording, storing, or distributing sexually explicit images or videos to intimidate or defame someone.

Digital Harassment: Sending obscene messages or posting inappropriate content on social media.

Unwanted Physical Contact: Attempting or forcing physical intimacy.

Abuse of Power: Using professional or administrative authority for sexual advances.

Sexual Coercion: Pressuring someone into sexual relations through threats, deception, or false promises.

Regarding punishment, the draft law states:
Suspension of Offenders: Authorities may suspend accused individuals (except students) while investigations are ongoing. Students may be restricted from attending classes based on the complaint committee’s recommendations.

Disciplinary Action: If an allegation is proven, institutions must take appropriate action within 30 working days according to existing laws.

Criminal Charges: If the offense falls under the Penal Code, legal proceedings must be initiated in court.


Despite the High Court's directives and the drafted law, implementation remains almost nonexistent, leading to a rise in sexual harassment incidents.

Senior Supreme Court lawyer Zainul Abedin told Views Bangladesh, "In most cases of sexual harassment, victims do not file complaints because they fear that justice may not be served, or worse, that they may face repercussions. This happens mainly due to the failure to implement the High Court’s directives."

Supreme Court lawyer and human rights activist Fauzia Karim Firoz stated, "Had the High Court's guidelines been enforced, sexual harassment in the country would not have escalated to this extent. The failure lies with the administration and relevant institutions."

Attorney General Md. Asaduzzaman remarked, "The High Court issued comprehensive guidelines in 2009 regarding sexual harassment, defining its scope, punishments, and preventive measures. Unfortunately, in the past 16 years, successive governments have failed to implement these directives. As a result, sexual harassment remains rampant. However, the current interim government is working on enacting a complete law based on the High Court’s instructions to address rape and sexual harassment."