May 13, 2009 is one
of the noteworthy days in the legal history of Bangladesh since the
High Court Division of the Supreme Court issued a set of guidelines defining sexual delinquency 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.
The court directed the concerned authorities to form a five-member harassment
complaint committee headed by a woman at every workplace and institution
to investigate allegations of harassment of women. According to the
HC rule, majority of the committee members must be women. Lawyers concerned
said quoting the HC observations that 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. Teasing women and children through
e-mail or telephone will also be considered as offence, and ordered
that any kind of provocation or character assassination will have to
be stopped.
The HC prohibited the
authorities concerned from disclosing the names and addresses of the
complainants and accused persons until the allegations are proved. 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.
This move by High Court
must remain as a landmark in the history of judiciary for protecting
women from sexual harassment.
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