Is It Just On Papers? The Reality of Sexual Harassment Committee in Workplace

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It is noted that Section 332 of the Bangladesh Labour (Amendment) Ordinance, 2025, mentions taking effective measures to prevent sexual harassment incidents. Section 332(k) states that two external members from organisations working on gender and sexual abuse issues should be included on the committees. However, nothing related to sexual harassment is mentioned by the committee in the draft. These sections are new additions.

In 2008, Salma Ali, then Executive Director of Bangladesh National Women Lawyers’ Association, filed a writ petition in the High Court to prevent sexual harassment and abuse in workplaces and educational institutions. Following this, a bench of Justice Syed Mahmud Hossain and Justice Kamrul Islam Siddiqui delivered a verdict on 14 May 2009, directing the petition in favour of the applicant.

The 2009 verdict referenced various historical incidents, including the 1998 protests by students and faculty at Jahangirnagar University against rape and sexual abuse; the demand by progressive teachers for a legal framework to address such abuse; a female officer approaching the National University Vice-Chancellor and losing her job under social pressure; complaints by students against teachers at Rajshahi University in 2006, Jahangirnagar University in 2006, and Dhaka University in 2008; and 19 cases of sexual harassment and abuse by male colleagues in garment factories, media, and NGOs.

According to the High Court directive, every workplace and educational institution—public and private—shall establish a committee to receive complaints, investigate, and make recommendations. The internal complaint committee must have at least five members, most of whom will be women. Where possible, the committee head will be a woman. Two members should be taken from outside the institution, preferably from organisations working on gender and sexual abuse prevention.

Chapter 3 of the Workplace and Educational Institutions Sexual Harassment Prevention and Protection Ordinance, 2025, under “Administrative Framework, Complaint Submission, and Investigation,” Section 6(5) states that the internal complaint committee will primarily be composed of members working within the institution. Based on availability, at least two external members with expertise or legal knowledge in sexual harassment prevention should be appointed.

Section 6 further states that every workplace and educational institution shall establish an internal complaint committee for receiving complaints, investigating, and making recommendations. For workplaces or institutions with offices or administrative units in multiple districts, internal complaint committees may be formed in each unit.

In universities or colleges with multiple departments, separate committees may be formed for each department. The internal complaint committee will have at least five members, including a convener. It may be larger, but the number of members must be odd. Where possible, the convener should be a senior female staff member or faculty member of the institution. At least 50 per cent of committee members will be women.

External members will receive a fee or allowance determined by the relevant authority for conducting the committee’s proceedings.

Taslim Yasmin, Associate Professor at the Department of Law, University of Dhaka, told Prothom Alo that it would have been better if the inclusion of external members was mandatory rather than based on availability.

She said the law is extremely important for women. For the first time in any Bangladeshi law, sexual harassment has been defined in accordance with international standards. The law also outlines procedures for filing and investigating complaints, preventive measures, inclusion of non-institutional sectors, formation of local committees, government oversight in law implementation, and the right of victims to approach the court if redress is not provided by the committee. These aspects are highly positive.

Source: Prothom Alo 

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