Incidents of sexual harassment and our inadequate laws

In recent months, the streets and public transports have become increasingly unsafe, with women facing escalating 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 instances, the harassment has taken the form of physical violence, with social media flooding with statements of women experiencing harassments, assaults, and abuse.

University students and young working women, particularly those relying on public transports, are primary victims of these harassments. Many incidents go unreported and end up merely on the social media feeds due to lack of legal awareness, community support, and outdated laws that fail to address the realities of today's socio-cultural environment. Despite giving commitment to international human rights treaties that advocate rights and autonomy of women such as the Women's Convention, Bangladesh's legal framework for protecting women against sexual harassment remains enormously inadequate.

Section 354 of the Penal Code, 1860 criminalises sexual assault by punishing those who use criminal force to "outrage a woman's modesty", with up to two years of imprisonment and a fine. However, the term "outraging modesty" is vague, and it potentially shifts focus from the perpetrator's intent to the character of the victim. Section 509 penalises actions meant to insult a woman's modesty through words, gestures, or objects, with a maximum punishment of one-year imprisonment or a fine. Similar to Section 354, it relies on the subjective and culturally biased concept of "modesty". The need to prove "intent" further complicates prosecuting harassment cases, as many forms of harassment are the result of discriminatory behaviors deemed rather 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 should also go beyond retribution and solidify preventive measures, effective investigation procedures, and compensation for victims.

The Metropolitan Police Ordinances, applicable to six metropolitan areas in Bangladesh, contain provisions similar to Section 509 of the Penal Code. Section 76 of the Dhaka Metropolitan Police Ordinance, 1976 specifically addresses "women teasing" by criminalising actions such as indecent exposure, indecent sounds or gestures, and obstructing or insulting women in public spaces. Punishments include up to one year of imprisonment or a fine of 2,000 Taka or both. The other five metropolitan police ordinances have similar provisions for these offenses, but their application is limited to metropolitan areas, leaving rural and non-metropolitan regions without equivalent legal protections.

The Prevention of Oppression Against Women and Children Act, 2000 (Nari O Shishu Nirjaton Daman Ain) initially provided strong protections. For instance, section 10(2) had criminalised non-physical forms of sexual harassment, such as verbal abuse or indecent gestures, with penalties ranging from 2 to 7 years' imprisonment. However, the 2003 amendment removed this section, narrowing the law's scope to require physical contact for bringing sexual harassment charges, leaving an enormous gap in terms of protecting victims from non-physical forms of harassment. A new provision, Section 9(ka), was introduced, imposing a punishment of 5 to 10 years of imprisonment if a woman is incited to commit suicide on account of 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 writ petition with the High Court Division in 2008. This led to a 2009 ruling that issued an eleven-point directive, expanding the definition of sexual harassment. The directives applied to both public and private sectors, including educational institutions and workplaces. The definition of sexual harassment covered both quid pro quo and hostile work environments, including unwelcome physical contact, sexually charged comments, indecent gestures, and stalking. The directives also required the formation of Complaint Committees in all institutions to handle harassment complaints, with at least two external members. Additionally, preventive measures, such as regular training and awareness programs on gender equality, were emphasised. The guidelines also required police stations to establish dedicated teams to handle harassment complaints and report cases to District Law and Order Committees for ensuring transparency.

Additionally, the directives instructed the government to incorporate a new section in the Act of 2000 based on the court's definition of sexual harassment. It also recommended enacting laws to protect victims as well as witnesses, ensuring a stronger legal framework to comprehensively address harassment issues.

In 2018, the BNWLA and eight other organisations submitted a draft law titled Sexual Harassment at Workplace Act 2018 to the law ministry, aiming to formalise the 2009 guidelines and impose a statutory obligation on all organisations to establish Sexual Harassment Complaint Committees. In May 2019, civil society organisations, including BNWLA, filed a writ petition seeking directives for the government to report on the formation of these committees across educational institutions and workplaces. During the hearing, the High Court criticised the government's negligence in implementing the 2009 directives. The petition is currently pending further hearings.

The recent incidents of harassments have engendered a climate of fear and uncertainty for women, empowering those who intimidate them with little fear of legal or social repercussions. To combat this issue, constant efforts must be made to raise awareness, implement sector-specific policies, and monitor adherence to guidelines. The legal framework must explicitly define sexual harassment, including in non-physical forms such as verbal abuse and stalking. Laws should also go beyond retribution and solidify preventive measures, effective investigation procedures, and compensation for victims. Only comprehensive legislation and a shift in societal attitudes can help Bangladesh effectively address sexual harassment and meet its human rights commitments.

The writer is law student, University of Dhaka.