Bangladesh News

The High Court (HC) yesterday issued a set of guidelines defining sexual misdemeanours to prevent any kind of physical, mental or sexual harassment of women, girls and children at their workplaces, educational institutions and other public places including roads across the country.

The HC directed the government to make a law on the basis of the guidelines, and ruled that the guidelines will be treated as a law until the law is made.

An HC bench comprised of Justice Syed Mahmud Hossain and Justice Quamrul Islam Siddiqui came up with the guidelines, directive and ruling in its verdict upon a writ petition filed as public interest litigation by Salma Ali, executive director of Bangladesh National Woman Lawyers Association (BNWLA).

The court directed the authorities concerned to form a five-member harassment complaint committee headed by a woman at every workplace and institution to investigate allegations of harassment of women. Majority of the committee members must be women, it ruled.

Quoting the HC observations in its verdict, lawyers concerned said the committee will examine complaints from girls or women if they are subjected to any mental, physical or sexual harassment, and recommend to the authorities to take action against the accused persons.

Disturbing women and children through letters, e-mails, SMS, posters, writings on walls, benches, chairs, tables, notice boards and threatening or pressing them to make sexual relations are sexual harassment and torture, the lawyers said quoting the judgement.

They also said rape, sexual provocation, envious or intentional propaganda against women and children, and showing such films, digital images, paintings, cartoons, leaflets, posters and still photographs are also considered as indirect sexual harassment and torture.

According to the guidelines, nobody can touch or hurt with any bad intention any part of the body of a girl or woman. Any indecent word or comment cannot be used about them, and any unknown adult girl or any woman cannot be addressed as a beautiful one with any bad intention.

The HC prohibited the authorities concerned from disclosing the names and addresses of the complainants and accused persons until the allegations are proved.

It also criminalized teasing women and children through e-mail or telephone, and ordered that any kind of provocation or character assassination will have to be stopped.

Advocate Fawzia Karim Feroze, a counsel for the petitioner, said sexual harassment can be physical, verbal or non-verbal.

The HC asked the law secretary, women and children affairs secretary, education secretary, labour secretary, information secretary, University Grants Commission (UGC), university authorities, Bangladesh Garment Manufacturers and Exporters Association (BGMEA), Bangladesh Knitwear Manufacturers and Exporters Association (BKMEA), Bangladesh police and Bangladesh Bar Council to comply with the guidelines.

Salma Ali termed the HC verdict an epoch-making one and said it will remain as a milestone in the history of judiciary for protecting women from sexual harassment. The verdict will play a vital role in creating public awareness about any kind of harassment of women.

She mentioned that since harassment of women and children is taking place at every workplace and institution including universities across the country, the BNWLA has been fighting against this for about 10 years.

Earlier on August 7 last year, the HC issued a rule upon the government and other authorities concerned to explain why they should not be directed to make a unified policy against sexual harassment of women and children at different places.