HC sexual harassment verdict goes unheeded

The High Court verdict fell on deaf ears of the government and autonomous authorities as none has so far initiated any move to protect women from being sexual harassed at workplaces and educational institutions.
Some ministry executives cited excuses of not receiving the court order even in three months after it was delivered while autonomous bodies were found quite unresponsive to the directives, a New Age investigation reveals.
The High Court on May 14 laid down a set of guidelines, including formation of internal complaint committee to be headed by a woman, to prevent sexual harassment of women and girls in educational institutions, offices, factories and other workplaces.
But neither the ministries nor any government or autonomous organisations have formed complaint committee, which is supposed to have five members with majority of them women, according to officials.
‘We have not received any copy of the verdict issuing directives to institute complaint committee at workplaces and educational institutions to prevent repression and sexual abuse on women and girl children,’ the women and children affairs secretary, Rokeya Sultana, a respondent to the case, told New Age through her personal secretary at the ministry in the past week.
Terming the verdict positive, she said the ministry would convene an inter-ministerial meeting once it would receive a copy of the High Court directives.
The High Court bench of Justice Syed Mahmud Hossain and Justice Quamrul Islam Siddiqui issued the directives after the final hearing in a public interest litigation writ petition filed by Bangladesh Jatiya Mahila Ainjibi Samiti on August 7, 2008. The verdict came against the backdrop of media reports on sexual harassments in some universities and workplaces.
‘In all workplaces and educational institutions in both public and private sectors, the authorities concerned will constitute complaint committees in order to receive complaints and to conduct investigations and make recommendations,’ reads the verdict.
Asked whether the universities formed the complaint committees against sexual harassment, the University Grants Commission chairman, Nazrul Islam, said he did not have any information on the matter. He, however, said the education ministry might have issued necessary directives in this regard.
The commission, even before the court order, however, had formed a committee and drafted a set of guidelines on October 7, 2008, and named it as ‘Guidelines to combat sexual harassment in educational institutions and workplaces 2008.’ But the regulatory body did not have any idea whether the guidelines were in use anywhere.
Talking with New Age, Jahangirnagar University professor Dilara Chowdhury said it was a landmark verdict to safeguard the rights and honour of women, who are still vulnerable in the patriarchal society.
‘The authorities concerned do not seem to be serious about taking action under the court directives… No complaint committee has been formed yet anywhere, as far as I know,’ said Dilara, who has written a book named ‘Sexual Harassment of Bangladesh Women at Workplace.’ The court referred to a few case studies incorporated in the book.
The complaint committees, which will receive complaints on sexual harassment, investigate the matter and make recommendations, are to submit annual reports to the government in compliance with the guidelines.
Complaints can be lodged by the victims or their relatives or lawyers or through e-mails. A victim can also file the complaint with a female member of the body separately.
The government needs to treat the guidelines as a law until necessary laws are enacted by the parliament, said the court.
The court imposed the guidelines on the respondents: law secretary, women and children affairs secretary, education secretary, labour secretary, University Grants Commission, authorities of Dhaka and Jahangirnagar universities, Bangladesh Garment Manufacturers and Exporters’ Association, Bangladesh Knitwear Manufacturers and Exporters’ Association, police, Bangladesh Bar Council and the information ministry.
The High Court has made mandatory the guidelines it worked out against sexual harassment of women and girls for all educational institutions and workplaces with the force of a law under the mandate and within the meaning of Article 111 of the constitution.
‘If the accused is found guilty of sexual harassment, the authorities concerned shall treat it as misconduct and take proper action according to the disciplinary rules of all workplaces and the educational institutions in both public and private sectors within 30 days and/or shall refer the matter to the appropriate court of tribunal if the act constitutes an offence under any penal law,’ according to the 11-clause guidelines.
‘The authorities concerned may suspend the accused person (other than students) and in case of students, may prevent them from attending their classes on the receipt of the recommendation of the complaint committee.’
On the procedure of the complaint committee, the guidelines stipulate that a complaint needs to be lodged within 30 working days of the occurrence.

Courtesy of NewAgebd