Incidents of sexual harassment and our inadequate laws

In recent months, the streets and public transport have become increasingly unsafe, with women facing increasing levels of harassment, intimidation and verbal abuse. What was once an unspoken daily struggle has now intensified, with more aggressive tactics being employed by the perpetrators. In some cases, the harassment has taken the form of physical violence, with social media awash with statements from women who suffered harassment, assault and abuse.

University students and young working women, especially those who rely on public transportation, are the main victims of these harassments. Many incidents go unreported and only end up on social media due to a lack of legal awareness, community support and outdated laws that do not take into account the realities of today’s socio-cultural environment. Despite Bangladesh’s commitment to international human rights treaties that advocate women’s rights and autonomy, such as the Women’s Convention, Bangladesh’s legal framework for protecting women from sexual harassment remains vastly inadequate.

Section 354 of the Penal Code, 1860, criminalizes sexual abuse by punishing those who use criminal force to “outrage the modesty of a woman” with up to two years’ imprisonment and a fine. However, the term “outrageous modesty” is vague and may shift the focus from the perpetrator’s intentions to the victim’s character. Section 509 punishes acts intended to insult the modesty of a woman through words, gestures or objects, with a maximum penalty of one year in prison or a fine. Like Section 354, it relies on the subjective and culturally biased concept of “modesty.” The need to prove ‘intent’ further complicates the prosecution of harassment cases, as many forms of harassment are the result of discriminatory behavior that is considered quite normal due to deep-seated misogyny and stereotypes.

The legal framework must explicitly define sexual harassment, including in non-physical forms such as verbal abuse and stalking. Laws must also go beyond retaliation and strengthen preventive measures, effective investigation procedures and compensation for victims.

The Metropolitan Police Regulations, which apply to six metropolitan areas in Bangladesh, contain provisions similar to Article 509 of the Criminal Code. Section 76 of the Dhaka Metropolitan Police Ordinance, 1976, specifically addresses “teasing women” by criminalizing actions such as indecent exposure, indecent sounds or gestures, and obstructing or insulting women in public spaces. Penalties include up to one year in prison or a fine of Taka 2,000 or both. The other five metropolitan police regulations contain similar provisions for these crimes, but their application is limited to metropolitan areas, depriving rural and non-metropolitan regions of equivalent legal protection.

The 2000 Prevention of Oppression of Women and Children Act (Nari O Shishu Nirjaton Daman Ain) initially provided strong protection. For example, Section 10(2) had made non-physical forms of sexual harassment, such as verbal abuse or indecent gestures, punishable with penalties ranging from 2 to 7 years’ imprisonment. However, the 2003 amendment removed this section, limiting the scope of the law to requiring physical contact for filing sexual harassment charges, leaving a huge gap in protecting victims from non-physical forms of intimidation. A new provision, Section 9(ka), was introduced which imposes a prison sentence of 5 to 10 years if a woman is incited to suicide due to sexual harassment or assault, but only if the victim dies.

In response to this legal gap, the Bangladesh National Women Lawyers Association (BNWLA) filed a petition in the High Court Division in 2008. This led to a 2009 ruling that issued an 11-point guideline, expanding the definition of sexual harassment. The guidelines applied to both the public and private sectors, including educational institutions and workplaces. The definition of sexual harassment included both quid pro quo and hostile work environments, including unwanted physical contact, sexually charged comments, indecent gestures and stalking. The guidelines also required the establishment of grievance committees in all institutions to handle complaints of harassment, with at least two external members. In addition, emphasis was placed on preventive measures such as regular training and awareness programs on gender equality. The guidelines also required police stations to set up special teams to handle complaints of harassment and report cases to district law and order committees to ensure transparency.

In addition, the guidelines instructed the government to include a new article in the 2000 law based on the court’s definition of sexual harassment. It also recommended enacting laws to protect both victims and witnesses, ensuring a stronger legal framework to comprehensively address issues of harassment.

In 2018, the BNWLA and eight other organizations submitted a bill entitled the Sexual Harasment at Workplace Act 2018 to the Ministry of Justice, which aims to formalize the 2009 guidelines and impose a legal obligation on all organizations to establish sexual harassment complaints committees to establish. In May 2019, civil society organizations, including BNWLA, filed a petition asking for guidelines for the government to report on the formation of these committees in educational institutions and workplaces. During the hearing, the Supreme Court criticized the government’s negligence in implementing the 2009 guidelines. The petition is currently awaiting further hearings.

Recent cases of harassment have created a climate of fear and uncertainty for women, reducing the fear of legal or social consequences for those who harass them. To combat this problem, continuous efforts must be made to raise awareness, implement sector-specific policies and monitor compliance with guidelines. The legal framework must explicitly define sexual harassment, including in non-physical forms such as verbal abuse and stalking. Laws must also go beyond retaliation and strengthen preventive measures, effective investigation procedures and compensation for victims. Only comprehensive legislation and a change in societal attitudes can help Bangladesh effectively tackle sexual harassment and fulfill its human rights obligations.

The writer is a law student at the University of Dhaka.