Your Advocate

As part of the 16 days of activism against gender-based violence, we collected queries from our readers over the past one month. The queries ranged from violence, abuse, harassment to issues concerning gender-based family responsibilities. Your Advocate, Barrister Omar Khan Joy, Advocate, Supreme Court of Bangladesh, responded to the queries at length. He is the head of the chambers of a renowned law firm, namely, 'Legal Counsel', which has expertise mainly in commercial law, family law, labour law, land law, constitutional law, criminal law, and Intellectual Property Rights.

Query 1

My name is Y. I am a clinical medical practitioner. In 2021, I got married with my husband. After one year of our marriage, my husband started torturing me verbally, mentally and physically for dowry. I do not know what I should do right now. We have tried to solve the matter through our respective families, but it has not been a sustainable solution for us. What should be the legal procedure?

Response

The abuses you have mentioned are of such nature that cannot be vindicated through family settlements. These are offences under Bangladeshi laws. Bangladesh's dowry laws include the Dowry Prohibition Act, 2018 and the Women and Children Repression Prevention Act, 2000. The Dowry Prohibition Act, 2018 defines 'dowry' as any property demanded, given or agreed to be given by one party to a marriage to the other as the consideration of the marriage. The Act penalises the giving, receiving, or demanding of dowry with imprisonment for a term not exceeding 5 years, or with a fine not exceeding 50 thousand taka, or with both. On the other hand, section 11 of the Women and Children Repression Prevention Act, 2000 also provides for the punishment of dowry related violence. Besides, as per Section 3 the Domestic Violence (Prevention and Protection) Act, 2010, physical abuse, psychological abuse, sexual abuse or economic abuse against a woman or a child of a family by any other person of that family with whom victim is, or has been, in family relationship will be considered as domestic violence. You have remedies under any of these laws. The offences under all the above laws are cognizable. You may file a First Information Report (FIR) with a nearby police station to initiate the legal process.

Query 2

I am from Rampura, Dhaka, living with my family. Beside our apartment, there is also a family where both husband and wife regularly torture their housemaid, who is a minor girl. The girl has very deep wounds and scars. How can we rescue her legally?

Response

Parliament enacted several laws to protect the children of our country from various offences. Any person causing grievous hurt to a child may be prosecuted under section 320 of the Penal Code, 1860. Besides the Penal Code, 1860, we have certain special laws promulgated in this regard, such as, the Children Act, 2013, the Women and Children Repression Prevention Act, 2000 etc. The Women and Children Repression Prevention Act, 2000 is considered as one of the most potentially effective laws for addressing violence against children, containing provisions for the prevention of offences related to oppression of children, such as offences relating to the use of corrosive substances, kidnapping, sexual repression of women and children etc. Similarly, Section 70 of the Children Act, 2013 entails punishment for assault or ill-treatment of any children under charge or custody or care of a person. You may file a First Information Report (FIR) with a nearby police station to initiate the legal process. Again, there is a 24/7 dedicated National Helpline Centre for Violence Against Women and Children (Call or SMS: 109). You can call that helpline, or you can inform the local police station about this torture. Besides, you may raise the issue with your neighbour, along with the occupants of other flats, or with the building association, if any, as an initial step to stop the torture. 

Query 3

My name is 'X' Akhter, working in a multinational corporation. Recently, I have been sexually harassed by one of my senior colleagues. I am shocked and traumatised after the incident. What can I do against the perpetrator?

Response

Thank you for your question. In the landmark case of Bangladesh National Women Lawyers Association (BNWLA) v Government of Bangladesh (2009), the Supreme Court of Bangladesh laid down a set of 11 directives in the form of guidelines to protect women and girls from sexual harassment at workplace and educational institutions in both public and private sectors. These guidelines must be followed by all organisations until adequate legislation is enacted. The court required formation of a sexual harassment redressal committee to facilitate disciplinary action against every complaint of harassment. Such action may lead to the harasser's dismissal along with the possibility of commencing a criminal case. Organisations are also directed to take measures to create awareness against sexual harassment. A major contribution of this judgment is it casts a wide net in defining sexual harassment. In Bangladesh, sexual harassment is a punishable offence under different laws, with a rather restrictive definition. For instance, Section 10 of the Women and Children Repression Prevention Act, 2000 prescribes punishment for touching a woman or child with any part of the body or object, or violating a woman's modesty, to satisfy sexual desires.  Sexual harassment is also punishable under Section 354 of the Penal Code, 1860, which relates to the offence of using assault or criminal force to outrage modesty of a woman. You may start by filing a First Information Report (FIR) if the aforementioned provisions are triggered.  But as a first step of redress, you can make a written complaint to the sexual harassment redressal committee of your respective organisation. If there is no such committee, please make a complaint to the HR or to the CEO/Managing Director.   

Query 4

I am a woman working at a government office. I do not want to disclose my name for security reasons. For a couple of years, some of my fellow junior colleagues have been spreading propaganda on social media against me from their personal vengeance. My reputation has been tarnished; in this context how can I take necessary legal action?

Response

Section 25 of the otherwise infamous Cyber Security Act, 2023 (CSA) criminalises the transmission, publication, etc. of offensive, false or threatening data-information. As per Section 25(1)(a) of the CSA, if any person, through any website or any other digital or electronic medium, intentionally or knowingly transmits, publishes or propagates any data-information which he knows to be offensive, false or threatening in order to annoy, insult, humiliate or malign a person, then such act of the person shall be an offence. If any person commits an offence under the said sub-section (1), he shall be punished with imprisonment for a term not exceeding 2 (two) years, or with fine not exceeding taka 3 (three) lakh, or with both. Notably, the Interim Government has now on principle agreed to repeal this Act. In any case, as a first step, you should reach out to the grievance committee, if any, at your organisation. If unsuccessful, you may pursue legal channels. 

Query 5

I am a housewife and recently got separated from my husband. I have one daughter and one son, who are school goers. As per the divorce agreement, my former husband agreed to provide necessary financial assistance, but after two months of the divorce suddenly he stopped providing any money. In this scenario, what should I do?

Response

The issues of custody and guardianship in Bangladesh are governed mainly by the Family Courts Act, 2023 and the Guardians and Wards Act, 1890. As per the Muslim personal law, a father is the legal and natural guardian of the children and, therefore, the legal control vests in the father until they attain the age of majority. Similarly, the Hindu personal law confers the guardianship of a child upon his/her father. Again, under section 7 of the Guardians and Wards Act, 1890, the court can appoint a person as a legal guardian if it is for the welfare of the minor. On the other hand, under section 5 of the Family Courts Act, 2023, the Family Court has the jurisdiction to entertain, try and dispose of any suit relating to guardianship and custody of the children, maintenance, dissolution of marriage, dower etc in accordance with the rules of Muslim family law. Even if the children are in the custody of their mother during their infancy, this does not relieve the father from the obligation of maintaining them. Hence, you can file a suit with the Family Court for children's maintenance.