Bringing Justice Off the Paper to Protect the Women Driving Our Nation Forward

Sexual harassment is perhaps one of the most damaging forms of misconduct undermining the dignity and safety of individuals in a civil society. It has become a serious social problem in Bangladesh, affecting educational institutions, workplaces, public spaces, and, in some cases, even homes, where women and children should feel safest. As Bangladesh has progressed economically and socially, women have increasingly entered the workforce, pursued higher education, established businesses, and contributed to the country’s development. Yet, their participation in public and professional life has also exposed them to various forms of harassment and abuse.

The growing visibility of sexual harassment has made it possible to understand the extent of a problem that was often hidden behind social stigma, fear, and silence. As more women have entered industries, universities, professions, and other areas of public life, more incidents have come to light. For generations, deeply rooted patriarchal attitudes have treated women as subordinate to men and, in some cases, as possessions whose choices and autonomy could be controlled. Such attitudes have allowed harassment and exploitation to persist. The problem is not simply a failure of law. It is also a failure of social attitudes, institutional responsibility, and ethical education.

The issue of women’s safety is not new. Before Bangladesh’s independence, women and girls faced numerous social and cultural restrictions that limited their freedom to participate in public life. Women who attempted to challenge traditional expectations often faced social pressure and discrimination. Reporting sexual harassment was uncommon, and the legal framework provided limited protection against many forms of misconduct. Social stigma and fear of reputational harm further discouraged victims from coming forward.

Following independence, Bangladesh adopted a constitutional framework based on equality, dignity, and fundamental rights. Articles 19, 26, 27, and 28 of the Constitution provide important protections relating to equality, equal opportunity, and freedom from discrimination. Article 27 guarantees equality before law, while Article 28 prohibits discrimination on grounds including sex. Article 19 also places an obligation on the State to ensure equality of opportunity for citizens. These constitutional guarantees establish an important foundation for protecting women from discrimination and ensuring their meaningful participation in society.

Yet a fundamental question remains: why do women and girls continue to face sexual harassment despite these constitutional guarantees?

One of the most significant developments in addressing this question came through the landmark judgment of the High Court Division in Bangladesh National Women Lawyers Association v. Government of Bangladesh, arising from Writ Petition No. 5916 of 2008. The Bangladesh National Women Lawyers Association (BNWLA) brought before the Court numerous incidents demonstrating the prevalence of sexual harassment, particularly in educational institutions and workplaces. The evidence presented before the Court revealed the seriousness of harassment occurring both openly and behind closed doors.

In response, the High Court Division issued guidelines for preventing sexual harassment in educational institutions and workplaces until appropriate legislation was enacted by Parliament. The judgment represented a significant development in Bangladesh’s legal response to sexual harassment and, in many respects, reflected the approach taken by the Supreme Court of India in the Vishaka case.

The judgment sought to create awareness regarding sexual harassment, identify its harmful consequences, and establish institutional mechanisms for preventing and addressing it. The Court placed important responsibilities on sexual harassment prevention committees, requiring them to develop mechanisms for preventing harassment, investigate complaints, recommend appropriate action, and contribute to creating a safe environment for women employees and students.

The High Court Division also provided a broad understanding of sexual harassment. It included unwelcome physical contact or advances, demands or requests for sexual favours, sexually coloured remarks, jokes or gestures, displaying pornography, stalking, indecent proposals, threats, intimidation, and other forms of unwelcome conduct. The guidelines also recognized harassment through letters, telephone calls, SMS, and online communications. Preventing or restricting women’s participation in academic, cultural, or sporting activities could also constitute sexual harassment in appropriate circumstances.

The judgment established specific requirements for sexual harassment committees. A committee should consist of at least five members and be headed by a woman, with a majority of women members. At least two members should be drawn from outside the institution. A complaint could be submitted by the victim or by another person on her behalf. Confidentiality was to be maintained during the investigation, and statements could be recorded in camera to protect the complainant. The committee was expected to complete its investigation within thirty working days, with an extension to sixty days in appropriate circumstances. The guidelines also emphasized the importance of circumstantial evidence and required the committee to submit its findings and recommendations to the appropriate authority. At the same time, the Court recognized the need to protect individuals from deliberately false complaints and provided for appropriate action in such circumstances.

Despite its importance, the judgment has not completely resolved the problem. Several challenges remain. The guidelines initially lacked comprehensive statutory backing, and their implementation has been inconsistent. Many institutions have failed to establish effective committees or have established them only on paper. There are also limited mechanisms for monitoring compliance and inadequate awareness among students, employees, administrators, and employers. The absence of clear consequences for institutional non-compliance has further weakened the effectiveness of the framework. In addition, questions remain concerning the relationship between institutional proceedings and criminal proceedings where the alleged conduct amounts to a criminal offence.

These weaknesses help explain why sexual harassment continues to occur despite the existence of detailed judicial guidelines.

Recent data further demonstrates the seriousness of the situation. In May 2026, the Human Rights Support Society (HRSS), a Dhaka-based human rights organization, reported that at least 305 women and girls experienced violence across Bangladesh, compared with 294 cases in April. Reported rape cases increased from 68 to 83. Particularly concerning was the proportion of victims under the age of eighteen, who accounted for nearly 70 percent of the reported cases. These figures demonstrate that legal protection alone is not sufficient unless it is supported by effective enforcement and institutional accountability.

The persistence of harassment also highlights weaknesses in the existing criminal law framework. Section 354 of the Penal Code 1860, for example, criminalizes assault or criminal force against a woman with intent to outrage her modesty. However, concepts such as “modesty” can create uncertainty in interpretation and may not adequately address the wide range of conduct that constitutes sexual harassment in contemporary society. The law must be capable of responding not only to physical assault but also to verbal, psychological, technological, and institutional forms of harassment.

These uncertainties demonstrate why clearer and more comprehensive legal provisions are necessary. Victims should not have to navigate vague legal concepts simply to obtain protection from conduct that is plainly abusive.

The Women and Children Repression Prevention (Amendment) Act 2026 represents another significant development in Bangladesh’s legal framework for protecting women and children. Published in the Gazette on April 10, 2026, following presidential assent, the amendment seeks to address certain existing legal difficulties and strengthen the process for dealing with offences under the legislation.

Among the significant changes is the treatment of serious physical and psychological harm. The amendment links the concept of “grievous hurt” with Section 320 of the Penal Code 1860, providing a more definite legal standard for determining serious injuries. Such clarity is important because the nature and extent of harm suffered by victims should not be minimized through vague or inconsistent interpretations.

The amendment also addresses situations where an accused person deliberately remains absconding to delay proceedings. By incorporating mechanisms under Sections 87, 88, and 339B of the Code of Criminal Procedure, the law allows proceedings to continue in appropriate circumstances even when the accused remains absent. This can prevent an accused person’s deliberate absence from becoming a tool for delaying justice.

Another important concern is the pressure frequently placed on victims to withdraw complaints. Powerful or influential accused persons may attempt to intimidate victims, influence witnesses, or otherwise interfere with proceedings. Treating certain offences as cognizable, non-bailable, and non-compoundable strengthens the ability of law enforcement agencies to respond promptly and reduces opportunities for cases to be settled through coercion or intimidation. The evidentiary framework also remains important in ensuring that evidence is properly collected, preserved, and presented before the court.

However, legal reform alone cannot eliminate sexual harassment. The law must be implemented in places where women study, work, travel, and live. From universities and schools to factories, offices, hospitals, courts, and other workplaces, institutions must establish functional sexual harassment prevention committees and ensure that those committees are genuinely independent and effective.

Institutional accountability should also become measurable. One possible reform would be to require educational institutions, public bodies, and larger private organizations to prepare annual reports on complaints of sexual harassment, the steps taken to investigate them, and the preventive measures adopted. Appropriate safeguards must be maintained to protect the identity and privacy of victims. Such reporting would allow authorities to identify institutional weaknesses and encourage organizations to improve their preventive mechanisms.

Ultimately, the question is not whether Bangladesh has laws and judicial guidelines addressing sexual harassment. The more important question is whether those laws and guidelines are actually working for the people they were designed to protect.

Women are not merely participants in Bangladesh’s economic and social progress. They are among the principal forces driving it forward. Their contribution to education, industry, business, public administration, healthcare, law, technology, and countless other sectors is indispensable to the country’s future. They should not have to choose between pursuing their ambitions and protecting themselves from harassment.

Justice must therefore move beyond the pages of judgments, statutes, and institutional policies. It must be visible in classrooms, workplaces, factories, offices, and public spaces. Effective enforcement, accountable institutions, social awareness, and meaningful legal protection must work together to create an environment where women and girls can participate in society without fear.

A safer Bangladesh cannot be built while half of its population continues to navigate public and professional life through fear and intimidation. Protecting women from sexual harassment is not merely a matter of gender justice. It is a matter of human dignity, constitutional equality, and national development. The time has come to bring justice off the paper and into the lives of the women who are helping move Bangladesh forward.

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