A country whose prime minister, opposition leader and speaker are all women, it seems unlikely that females would not be able to go on with their daily activities without often being ogled, taunted with passing remarks and sexual innuendos, catcalled, humiliated, and/or in extreme circumstances being groped or assaulted. However, that is the stark reality for any woman in Bangladesh who dares to tread on public places. It is almost socially accepted that every women will have their fair share of similar traumatic experiences, especially during adolescent years.
Despite the country’s recent awareness regarding equal rights, the issue of public sexual harassment against women is still rampant. Furthermore, the traditional unease towards discussing sexual issues restrict victims of such offences from speaking out and forces them to suffer in silence instead. Article 27, 28 and 29 of the Constitution of Bangladesh deals with equal rights of women with regards to public life but possible discrimination in a private sphere is not looked into. Several legislative and judicial measures were introduced in order to tackle the issue. However, the euphemistic approach of such measures and the society’s patriarchal attitude fails to affect the social menace.
This can be easily proved by the society’s refusal to term the issue blatantly as public sexual harassment and rather opt for the virtuous term of eve-teasing thereby introducing victims as “eve,” a biblical figure who was expelled from heavens for the sin of sexual temptation. This implies that every victim of eve-teasing are temptresses who might have incited the perpetrator into states of sexual titillation. Maybe our society does not want to associate eve-teasing with sexual harassment, due to the latter’s intensity of the act.
It is deemed that in sexual harassments, the perpetrator usually takes advantage of a dominant position and on the other hand eve-teasing is depicted almost as a recreational activity for men. However, despite the humoured feeling this term may carry, the rest of the world defines is it as public sexual harassment. Therefore, failure to do so in Bangladesh means that the relevant existing laws do not focus on the victims or the offence suffered by them. Though eve-teasing offences take place within a short space of time, it is severely significant and has a far reaching consequence.
During eve-teasing, a male takes advantage of his masculine predatory power and uses it to bully his prey, a woman. Victims of eve-teasing suffer from its negative effect through depression, curtailed education, early marriages to save honour, low self-esteem, and sometimes resort to suicide without any fault of their own.
The Penal Code, 1860 addressed various sexual offences but nowhere does it mention sexual harassment or eve-teasing directly. Section 76 of the Dhaka Metropolitan Police (DMP) Ordinance 1976, defines “teasing women.” The other five Metropolitan Ordinances also includes similar provisions which penalises the offence. However, the Ordinances did not apply outside their designated areas and failed to provide a nationwide jurisdiction. Then in 2000, The Prevention of Oppression against Women and Children Act provided an excellent provision and penalised sexual harassment as an offence which could be committed without any actual physical contact to the victim. However, in a downward spiral, it was repealed when the law was amended in 2003 and there were no valid provisions which could discipline sexual harassment of non-contact nature.
Thereafter, through two landmark cases where BNWLA filed Writ Petition number 5916 of 2008 and Writ Petition number 8769 of 2010 to the High Court Division, an 11 point directive was given to define sexual harassment which would include non-contact sexual offences and modern means of erotic insults. However, even though elements of eve-teasing were included, failure to link the term itself to the definition makes it less comprehensible to the masses. Complaint committees were formed in various institutions and mobile courts in Bangladesh were empowered to prosecute perpetrators of harassments or stalking with imprisonment and/or fine. In order to gain awareness, June 13 has been assigned as “Eve-tease Protection Day.”
Even though there are many commendable aspects of the government and judiciary’s attempt at combating the issue in Bangladesh, it may be recommended to draw a separate, comprehensive legal framework in regards to eve-teasing. Such a law will be able to define eve-teasing precisely and list out conducts which would fall within the offence. However, as legal remedy single-handedly may be insufficient to abolish it, several other overwhelming social changes has to be prescribed.
Creating opportunity at root levels to discuss gender roles and gender biases would go a long way towards respecting women and their private rights. Furthermore, resources would have to be allocated to civil societies and the media in order to create public awareness against eve-teasing. Only through the society’s mind-set of accepting eve-teasing for what it is – not a recreational practice but an offence with serious connotations of public sexual harassment, would exterminate the wrongdoing and ensure protection of women’s rights.
