Crime Punishment
Eve teasing: A punishable offence
Shadeka Jahan
Eve-teasing or non-euphemistically sexual harassment or molestation of women in public places is a growing concern in Bangladesh and also throughout this sub-continent at present. It is appalling and in some cases an extremely perilous practice. This is something that the women are supposed to either just tolerate or are even accused of bringing it upon themselves. But the fact is that the act of eve teasing is widely condemned and considered a nuisance by the public and is also punishable.
Various reasons are suggested for the prevalence of sexual harassment in Bangladesh, such as:
Some feel that it is the direct consequence of a puritanical and sexually repressive society, especially one in which women traditionally have no voice and nothing resembles equal rights.
-The influence of western media is also a cause, especially those which have a mixed record on sensitivity towards women's issues.
-Some in society posses an extremely restricted mentality and also tend to be overly pedantic on sexuality and thus cannot mix with women freely and also don't consider others' free mixing proper. This type of mentality also provoke eve teasing sometimes. Some boys argue that at times girls dress in a provocative manner that they themselves call male's attention.
- People are not that educated (for that matter civilised) which is also a reason for eve teasing.
- Some also feel that if children are not nurtured on the lines of religion and have an unchecked exposure to so called modern fashion, they are bound to lose way of sobriety and moral principles. Thus they don't understand that eve teasing is an offence.
- Lack of policemen's awareness is also a reason for eve teasing as they are not conscious about this matter.
- The problem also lies with the conservative set up of the society. Education, family rearing and way of living are some of the factors that influence everybody's mind. It is shown that if a girl is provocatively fashionable boys bend down to such activities often also out of frustration. Undue limitations and isolation from girls also give birth to sexual dissatisfaction and thus sort of aggression.
As eve teasing does not involve any physical harassment the law refuses to recognise it as a violent act. What is discerned here is that women becoming victims of eve teasing is not seen seriously even by the police. Yet eve teasing can be as cruel and as violent as physical assaults. In Women and Children repression and Prevention Act-2000 an excellent provision was included in section article 10 that teasing of women like making obscene comments or gestures was an offence covered by it providing for up to seven years of simple imprisonment or meticulous imprisonment for two years. But the act was amended in 2003 where no one can be charged with sexual abuse of a woman until it is physical. And thus those who bother women in public places such as streets, shopping places and buses can no longer be tried under this law. Defending the amendment, the government has said the provision had been abused to harass rivals. Plaintiffs could not prove any cases of eve teasing.
The change is fuming the women rights activists. The change has come at a time when harassment of women has increased in Bangladesh. But one can enforce her right under section 509 of the Penal code where it is clearly stated that if anybody intending to insult the modesty of any women, utters any word, make any sound or gesture or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such women, or intrudes upon the privacy of such women, shall be punished with simple imprisonment for a term which may extend to one year or with fine or with both.
Not only that in Metropolitan Police Ordinances, 1976 it is clearly described that whoever wilfully and indecently exposes his person in any street or public place within sight of and in such manner as may be seen by, any woman, whether from within any house or building or not, or wilfully obstructs any woman in a street or public place or insults or annoys any woman by using indecent language or making indecent sounds, gestures, or remarks in any street or public place, shall be punishable with imprisonment for a term which may extend to one year , or with fine which may extend to two thousand taka, or with both.
Recommendations to stop eve teasing:
- Education system must be premeditated in a way as to promote positive relationship between girls and boys, especially at a younger age. Co-education encourages competition, but the curriculum must target at building a healthy environment of learning rather than encouraging male-female contact unnecessarily. Boys from conservative backgrounds tend to follow girls more often than boys from rather liberal backgrounds.
- Parents' role is very significant. They should keep their children from bad influences. Parents must educate their children 'what to' or 'what not to' watch. They should adopt friendly relations with their children rather than being harsh with them.
- Teachers must play their role to repeat moral teachings in the young minds in a more rational and modern way.
- Policemen must be deployed and conscious. They should not create a kind of deterrence against such offensive acts and to punish such vagabonds where necessary.
- The boys should respect the opposite sex, as morality demands it, adding that they should not be unaware to the fact that they have families too.
- The parents should put utmost trust in their daughters, for this trust will give them the confidence to face the eve teasers bravely and not to be frightened by them.
- Overall the most important is the consciousness of the women themselves. The girl should not ignore the teasing of eve teasers and don't think what the people think of her if she give objection to such activities. They should protest strongly against such boys otherwise nobody can do anything against such eve teasers.
The author is Advocate, Bangladesh Supreme Court.
