What law says about sexual harassment at work?

Tasmiah Nuhiya Ahmed of DOT
Sexual harassment in employment may be termed as any attention of a sexual nature in the context of work situation which has the effect of making a woman uncomfortable on the job, impeding her ability to do the work or interfering with her employment opportunities. Sexual harassment may on its extreme form take the shape of a direct demand for sexual compliance coupled with the threat of firing if the woman refuses.
Most students as well as working women of Bangladesh, 87% to be exact, have no knowledge of the 2009 Supreme Court guidelines (issued in May 2009) regarding sexual harassment at educational institutions and workplaces. 84% students of Bangladesh are not aware about a sexual harassment committee in their universities and only 13% has merely heard about the guidelines without knowledge of any details about what the guidelines comprises of. Also about 65% respondents from different workplaces across the country also have no knowledge about the guidelines and only 14% had heard about the judgment but did not have clear understanding or awareness of the details of the guidelines.
These findings were stated during the unveiling program of Action Aid Bangladesh’s study titled “Sexual Harassment at Educational Institutions and Workplaces: A Study on the Implementation Status of the 2009 Supreme Court Guidelines”.
The study recommends the followings:
 A separate legislation should be enacted to comprehensively address sexual harassment at educational institutes and workplaces,
 Formation of effective monitoring mechanism cell to ensure the implementation of the guidelines;
 Concerned authorities should issue new circulars / notices more effectively containing information about the 200 guidelines and its key directives;
 Authorities of educational and workplace should place more emphasis on creating awareness among the students, teachers, staffs, and employees.
The National Human Rights Commission (NHRC) Chairman in this regard said that the 2009 High Court guidelines regarding prevention of sexual harassment covers every aspect to ensure a safe and sound environment for women in these places. He added that although both men and women are supposed to deserve equal rights, women from all aspects of the society still have to face discrimination in educational and job institutions.
(Source: ActionAid: 87% students unaware of SC guidelines on sexual harassment, Dhaka Tribune, 17 January 2019).
High Court Division in the case of Bangladesh National Women Lawyers Association (BNWLA) vs. Bangladesh, 14 BLC 694 at page 706 paragraph 61 defines sexual harassment as under:
a. Unwelcome sexually determined behavior (whether directly or by implication) as physical contact and advances;
b. Attempts or efforts to establish physical relation having sexual implication by the abuse of administrative, authoritative or professional powers;
c. Sexually colored verbal representation;
d. Demand or request for sexual favours;
e. Showing pornography;
f. Sexually colored remark or gesture;
g. Indecent gesture, teasing through abusive language, stalking, joking having sexual implication;
h. Insult through letters, telephone calls, cell phone calls, SMS, pottering, notice, cartoon, writing on bench, chair, table, notice boards, walls of office, factory, classroom, washroom having sexual implication;
i. Taking still or video photographs for the purpose of blackmailing and character assassination;
j. Preventing participation in sports, cultural, organizational and academic activities-on the ground of sex and/or for the purpose of sexual harassment;
k. Making love proposal and exerting pressure or posing threats in case of refusal to love proposal;
l. Attempt to establish sexual relation by intimidation, deception or false assurance.
In the case, namely British American Tobacco Bangladesh Company Ltd.Vs. Begum Shamsun Nahar 11ADC(2014)55, the court observed that sexual harassment includes such unwelcome sexually determined behavior (whether directly or by implication) as:
a) physical contact and advances;
b) a demand or request for sexual favours;
c) sexually colored remarks;
d) showing pornography;
e) any other unwelcome physical, verbal or non-verbal conduct of sexual nature.
Sexual harassment has a devastating effect on both the economic opportunities and the physical and emotional well-being of working woman. Victim suffers from insomnia, depression, nervousness, fear, feeling of powerlessness and other symptoms of psychological harm which sometimes lead to a complete emotional breakdown. In consequence of this emotional breakdown and sometimes independently physical effects such as headache, loss of appetite, loss of weight, nausea and fatigue may occur. It hinders a woman’s chances of economic prospects by reducing her performance at job. So sexual harassment definitely gives birth of a liability under the law of tort. For being involved in sexual harassment, damages may be claimed against the perpetrator for such wrong doing as well as against an organization or establishment if it fails to ensure the prevention of sexual harassment and bullying to a woman, where she can work with honour and dignity and without being harassed or disturbed by her male boss or other male colleagues.
As an employee of a daily newspaper, it gives me immense pleasure to tell people that my employer has announced zero tolerance to workplace harassment and I along with my all female colleagues feel safe to work here. This is not a common scenario in Bangladesh. We hope the recommendations suggested in “Sexual Harassment at Educational Institutions and Workplaces: A Study on the Implementation Status of the 2009 Supreme Court Guidelines” by Action Aid shall be duly implemented in Bangladesh. Workplace should feel like second home to every working woman.
The writer is an Advocate of Bangladesh Supreme Court and Executive Editor of Daily Our Time.