#MeToo and laws of workplace harassment: Bangladesh should follow India’s example

Published by The National Herald, October 13, 2018(link Here)

While India has had specific statute for over 5 years, Bangladesh is still facing an alarming rise in such heinous acts of sexual harassment, but is yet to legislate statutory laws

Though in the modern era, women are breaking traditional gender roles by venturing into a world once dominated by men, we have yet to ensure the safety of women in the workplace.

Sexual harassment and discrimination against women in our society are rising alarmingly. Whether it be in public or private, women find themselves vulnerable to the threat of harassment in different forms everywhere. Protection from sexual harassment and a comfortable working environment allows an employee to work with dignity. Sexual harassment at the workplace is a human rights violation.

Sexual harassment is not something that’s widely discussed in the culture of either India or Bangladesh and, as a result, continues to be a problem in the society. Young women in both the countries have to experience a shocking amount of sexual violence, both verbal and physical, at the workplace.

Workplace Harassment Laws of Bangladesh:
In the landmark case of Bangladesh National Women Lawyers Association (BNWLA) vs Government of Bangladesh and Others 22, the Supreme Court of Bangladesh defined sexual harassment and laid down guidelines to protect women and girls from sexual harassment at the workplace and educational institutions in both the public and private sectors. Bangladesh does not have any statutory laws on workplace harassment. These guidelines have to be followed by all organisations until adequate legislation is enacted. The court issued a series of 11 rules to serve as guidelines, which requires forming 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.In Bangladesh, sexual harassment is a punishable offence under different laws. Section 10 (2) of the Women & Children Repression Prevention Act 2000 (amended) which states that, any man who, in order to satisfy his lust in an improper manner, outrages the modesty of a woman, or makes obscene gestures, will have engaged in sexual harassment and, for this, the above-mentioned male will be sentenced to rigorous imprisonment of not more than seven years and not less than two years, and beyond this will be subjected to monetary fines as well. Sexual harassment is also punishable under Bangladesh Penal Code 1860. Section 509 of the Bangladesh Penal Code provides that “whoever, intending to insult the modesty of any woman, utters any word, makes 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 woman, or intrudes upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year or with fine or with both.”

Workplace Harassment Laws of India:
Before 1997, a victim of sexual harassment at workplace had to lodge complaint under Section 354 of the Indian Penal Code 1860 that deals with the ‘criminal assault of women to outrage women’s modesty’, and Section 509 that imposes punishment on a person for using a ‘word, gesture or act intended to insult the modesty of a woman.

Vishakha, a non-governmental organisation, filed a petition when a social worker in Rajasthan was brutally gang-raped by some landlords and faced injustice by the trial court when all accused were acquitted. Vishakha filed the public interest litigation in the Supreme Court of India.

This case brought to the attention of the Supreme Court of India, “the absence of domestic law occupying the field, to formulate effective measures to check the evil of sexual harassment of working women at all work places.” In Vishakha case, the Supreme Court of India laid down guidelines to be followed by establishments in dealing with complaints of sexual harassment.

Subsequently, Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 came into force from December 9, 2013. This legislation superseded the Vishakha Guidelines for prevention of sexual harassment introduced by the Supreme Court of India.

The Act stipulates a system for the hearing of complaints against sexual harassment. All employers with over 10 workers are bound to set up an Internal Complaints Committee (ICC). Within three months of the aggravating act, a woman may lay a complaint in writing with the ICC or, in the case of companies that do not have one or when the person concerned is the employer, the complaint is made to the Local Complaints Committee. The Committee, after an inquiry which proves the aggression, then makes a recommendation to the District Officer to drop the case as there is no proof of the allegation, to take action against the aggressor for misconduct and/or make the aggressor pay compensatory damages either directly or through wage deductions. The recommendations of the Committee may be appealed to the appropriate court. Nothing in the Act prevents the aggrieved women from taking action under section 509 of the Penal Code concerning the offence of making words, gestures or acts intended to insult the modesty of a woman.

The comparison:
The Supreme Court of Bangladesh discussed the leading Indian case Vishakha v. State of Rajasthan, AIR 1997 SC 3011 in defining a wide ranging acts and behaviors as sexual harassment.

While India has had specific statute for over 5 years superseding the Vishakha guidelines, Bangladesh is still facing an alarming rise in such heinous acts of sexual harassments, but is yet to legislate statutory laws. The enactment of stricter laws led India to a drop in the rates of workplace harassments and discrimination, demonstrating that stricter control does work. It’s time for Bangladesh to address this issue immediately and enact statutes once and for all.

The proper implementation of anti-sexual harassment laws and ethical practice in every country can ensure a woman’s participation in the workforce to its utmost, which could in turn contribute to the economic growth of that country.

Miti Sanjana is a Barrister-at-law from Honorable Society of Lincoln’s Inn and an Advocate of the Supreme Court of Bangladesh. She is also a column activist and the partner of a full service corporate law firm based in Dhaka, Bangladesh.