Navigating Anti-Harassment and Anti-Discrimination Laws in Bangladesh: Insights from Tasmiah Nuhiya Alamin, Partner at FM Associates
About Tasmiah Nuhiya Alamin
Tasmiah Nuhiya Alamin is a seasoned lawyer with experience in legal consultancy, dispute resolution, and international commercial arbitration. She has acted as counsel for parties in various jurisdictions and advised on cross-border transactions. Her expertise extends to formulating and amending laws, as demonstrated by her work on two major PPP projects in Bangladesh’s healthcare and energy sectors, and her collaboration with multiple government ministries.
Currently a Partner at FM Associates, Bangladesh, Tasmiah actively participates in professional organizations. She is a member of the Supreme Court Bar Association of Bangladesh, Country Director for Bangladesh at Global Peace Chain, and holds memberships in Bangladesh Youth Delegation to India, Dhaka OIC Youth, Eurasia Research, and Global Law Thinkers Society.
Her achievements are recognized through numerous awards, including the Future Leader Excellence Award, Eurasia Research Award, Award of Excellence on Democracy, and Woman in Law and Justice, Bangladesh 2022.
Tasmiah’s scholarly contributions include publications in esteemed journals. However, Her research extends beyond publications. Tasmiah has also presented papers at various symposiums across the globe.
Navigating Anti-Harassment and Anti-Discrimination Laws in Bangladesh
- Can you provide an overview of the laws in Bangladesh concerning harassment and discrimination? Are these civil or criminal laws, or both?
Harassment and discrimination in Bangladesh are addressed under several laws, including the Penal Code 1860 (criminal law), the Prevention of Oppression Against Women and Children Act 2000 (criminal law), and the Bangladesh Labour Act, 2006.
Sec. 354 of Penal Code, 1860:
Whoever assaults or uses criminal force on any woman, intending to outrage or knowing it is likely to outrage her modesty, shall be punished with imprisonment of up to two years, or with a fine, or both.
Sec. 10 of Prevention of Oppression against Women & Children Act, 2000:
Whoever, to satisfy his sexual urge, illegally touches the sexual organ or other part of a woman or a child with any part of his body or with any substance, commits sexual harassment. This offense is punishable with imprisonment ranging from three to ten years of rigorous imprisonment, and a fine.
Sec. 332 of Bangladesh Labor Act, 2006:
Conduct towards female workers: No one in an establishment shall behave with a female worker (irrespective of her rank or status) in a manner that may seem indecent or repugnant to her modesty or honour.
While some provisions are gender-neutral and protects the aggrieved, irrespective of their gender, some provisions are gender-specific and are designed to protect only a section of the people.
For example, Sec. 497 of the Penal Code, 1860 states that a man who has sexual intercourse with a woman he knows to be the wife of another man, without the husband’s consent, is guilty of adultery and shall be punished with imprisonment of up to five years, or with a fine, or both. The wife is not punished as an abettor. In this case, the man would be punished, but not the woman.
Similarly, Sec. 375 of the Penal Code, 1860 defines rape as an act committed by a man involving sexual intercourse with a woman under certain circumstances. There are no provisions for male rape in Bangladesh.
Additionally, Sec. 46 of the Labour Act, 2006 provides the right to maternity benefits for women. Every woman worker is entitled to maternity benefits from her employer for eight weeks preceding and eight weeks following her delivery. Employers are required to provide this benefit. However, there are no laws regarding paternity benefits in Bangladesh.
- Is there a specific law addressing sexual harassment at workplace in Bangladesh? If so, is it gender-neutral or solely for the protection of women? Does it encompass all types of workplaces, including higher education institutions for students?
Sec. 332 of the Labour Act states that “where any female worker is employed in any work of the establishment, irrespective of her rank or status, no one of that establishment shall behave with the female worker in a manner that may seem indecent or repugnant to her modesty or honour.” This provision applies only to female workers and does not extend to students in higher education.
In the case of British American Tobacco Bangladesh Company Ltd vs. Begum Shamsun Nahar, 66 DLR (AD), the court held that an institution or establishment can be held liable for tort and damages if it fails to ensure the prevention of sexual harassment and bullying of women, ensuring they can work with honour and dignity without being harassed or disturbed by male superiors or colleagues.
This judgment clearly imposes legal obligations on the owners of establishments or institutions to safeguard women’s dignity. Furthermore, in 2009, the High Court Division of the Supreme Court of Bangladesh issued a set of guidelines defining sexual delinquency to prevent any kind of physical, mental, or sexual harassment of women, girls, and children at workplaces, educational institutions, and other public places. These directives are treated as law until formal legislation is enacted, and the relevant authorities have been asked to act according to these guidelines.
Therefore, the legislative protections currently extend only to women and girls and are not gender neutral. However, the Supreme Court guidelines cover workplaces, educational institutions, and other public places as well.
- Are there any laws in place to protect children from sexual abuse, particularly in cases of online harassment or cyberbullying?
Yes, several laws address online harassment and cyberbullying, including the Digital Security Act, the Penal Code 1860, and the Information and Communication Technology (ICT) Act 2013 (amendment).
Sec. 24 of Digital Security Act 2018 criminalizes identity fraud and personation. Sec. 28 of the same act stipulates that individuals convicted of this offense may face imprisonment for up to 5 years, a fine of up to 10 lakhs, or both.
Sec. 499 of Penal Code 1860 penalizes any person who defames or harms another’s reputation through disgraceful statements.
Sec. 57 of the ICT Act makes it an offense to deliberately publish or transmit fake and obscene material in electronic form. This section addresses cases where such material could influence readers to become dishonest, undermine law and order, damage the image of the state or individuals, harm religious beliefs, or instigate against any person or organization.
- Do the above laws cover the LGBTQIA+ community?
Currently, there are no specific provisions addressing the LGBTQIA+ community in these laws.
- Are there provisions specifically for men in these legal frameworks?
Legal provisions in Bangladesh generally apply equally to all genders. However, efforts are underway to extend protection to men who are aggrieved of specific sexual offences. Recently, a writ petition was filed with the High Court requesting that rape and other forms of sexual violence against men be included as crimes under Section 375 of the Bangladesh Penal Code. The petition was filed by Supreme Court lawyer and human rights activist, Tasmiah Nuhiya Ahmed, Jagannath University teacher Dr. Masum Billah, and social activist Dr. Soumen Bhoumik.
In conclusion, while Bangladesh has established legal frameworks to address harassment and discrimination, notable gaps and gender-specific limitations remain. The existing laws primarily focus on protecting women and do not fully address the needs of men, the LGBTQIA+ community, or students in higher education. As societal norms evolve and awareness grows, there is a pressing need for comprehensive legal reforms to ensure equal protection and justice for all individuals, regardless of gender or status. Continued advocacy and legal development are crucial to creating a more inclusive and equitable environment for everyone.
This initiative is part of Anvay: A Global Dialogue on Harassment and Discrimination, powered by The Legal Swan aimed at raising awareness and fostering discussion around these crucial and often taboo topics.