Sexual Harassment of Women Persists

Women continue to face sexual harassment on a daily basis at education institutions and workplaces. Bangladesh National Women Lawyers Association (BNWLA) conducted a survey which revealed that currently, 71 percent of educational institutions and 39 percent of workplaces have sexual harassment prevention committees. However, only 44 percent of these committees are effective in addressing the issue. This indicates that the instructions provided by the High Court to prevent sexual abuse and harassment of women are not being properly implemented.

According to the survey, a total of 4,107 women and girls experienced violence within the country in the past 12 months, from January 2023 to January 2024. Among the cases, there were 102 instances of trafficking involving women and children, with 32 of them being girls. Although the High Court issued guidelines on May 14, 2009, by Justices Syed Mahmud Hossain (later Chief Justice) and Kamrul Islam Siddiqui, aimed at preventing sexual harassment of women in educational institutions and workplaces, effective enforcement of the directive has remained elusive even 15 years after the verdict. The Law Commission did make amendments to some sections of Section 509 of the Bangladesh Penal Code during this period, but no concrete actions have been taken in relation to this matter.

The High Court has issued guidelines that require the establishment of a committee known as the 'Sexual Harassment Prevention Committee' in order to combat sexual harassment at various institutions, including educational institutions, public and private organizations, and the media. However, a recent study conducted by BNWLA in 2022 reveals that the majority of workplaces and educational institutions in the country do not have such committees. Shockingly, 84% of university students are unaware of the existence of the committees.

Furthermore, the study highlights that 66 percent of violence against women occurs within domestic settings, yet only a mere 10.7 percent of victims seek legal assistance. Even more concerning is the fact that the rate of favorable judgments for women in such cases is a mere 3.1 percent.

In another survey conducted in 2023, it was found that most parents in the country are aware that child marriage is prohibited. Surprisingly, 86 percent of girls who have fallen victim to child marriage are also aware of its illegality. Despite this knowledge, child marriages continue to occur throughout the country, primarily due to the insecurity and poverty faced by young girls.

Child marriage not only has detrimental effects on the sexual and reproductive health of girls but also poses risks to the health of their future children. Additionally, the rise of online violence against women is a concerning trend. According to a survey conducted by Action Aid Bangladesh in 2022, a staggering 63.51 percent of women have experienced some form of online violence.

Meanwhile, the High Court's ruling states that until this directive is enacted into law as per Article 111 of our constitution it will function as a law and be applicable to all public and private educational institutions. The policy defines sexual harassment as follows: 1. Unwanted sexually suggestive behavior, including physical contact or attempts thereof. 2. Using institutional and professional power to pursue sexual relations. 3. Making sexually harassing or offensive statements. 4. Illegally seeking sexual favors. 5. Displaying pornography. 6. Making sexually suggestive comments or gestures. 7. Sending sexually offensive content through letters, telephones, mobiles, SMS, pictures, notices, cartoons, benches, chairs, tables, notice boards, offices, factories, classrooms, or writing on bathroom walls. 8. Threatening or pressuring individuals who reject romantic advances. 9. Attempting to coerce or deceive someone into engaging in sexual relations. The judgment emphasizes that the purpose of this policy is to raise awareness about sexual abuse, highlight its negative consequences, and treat it as a punishable offense.

Fawzia Karim Feroze, a human rights leader and Supreme Court lawyer, expressed her concerns to Views Bangladesh, stating, “Although committees have been established in some educational institutions and workplaces to prevent women's abuse, their effectiveness is very low. Shockingly, 19 percent of institutions provided no information about the formation of such committees, and 57 percent of organizations do not have a complaint box.”

Advocate Salma Ali, a prominent human rights leader, said that, “The implementation of the High Court's verdict is still pending nationwide. Consequently, women continue to be frequent victims of sexual harassment in educational institutions and workplaces.” In order to combat this issue, she proposed several recommendations. “Firstly, committees should take the initiative to raise public awareness about available resources and support systems, enabling victims to share their stories without fear. Additionally, it is crucial to allocate a modest budget for women to manage and monitor the process, with relevant government departments and organizational levels being held accountable.”

Sara Hossain, a lawyer from the Supreme Court, said that, “The court's verdict emphasizes the importance of using the term ‘sexual harassment' instead of the term ‘eviction,’ as it downplays the severity of the crime. The court has mandated the establishment of a dedicated cell in each police station to provide legal assistance to women, with monthly reports being submitted to the Superintendent of Police. However, the effectiveness of these cells remains unverified. Despite the court's orders, the majority of educational institutions fail to comply with these instructions, and there is a lack of government monitoring to ensure their implementation.”

Manzil Morshed, a distinguished lawyer from the Supreme Court and the president of the human rights organization Human Rights and Peace for Bangladesh, expressed his concern to Views Bangladesh. He said that, “despite the High Court's directive being in place for 15 years, sexual harassment complaint committees have not been established in most public and private sectors, educational institutions, and media outlets. This issue extends to factories and universities as well, where the absence of complaint committees is prevalent. Moreover, the existing committees in various institutions are deemed ineffective due to several reasons. The court had also ordered the establishment of a cell in each police station to provide legal assistance to women, with monthly reports to be submitted to the Superintendent of Police. However, the presence of such cells cannot be observed. Despite the High Court's instructions, most educational institutions fail to comply, and there is a lack of government monitoring to ensure adherence.”

In response to this matter, Law Minister Anisul Haque said that, “The government has taken a concerted initiative to raise awareness about sexual harassment, particularly in workplaces and educational institutions. Those who disregard the High Court's directions will be held accountable. Additionally, the government is considering the formulation of a separate and comprehensive law to prevent sexual harassment at both public and personal levels, if deemed necessary.”