Sexual Harassment: The Role of Police in Bangladesh

1. Sexual Harassment: The Role of Police in Bangladesh TAPTUN NASREEN AIG (P&R) Bangladesh Police Police Headquarters - Dhaka

2. Bangladesh

3. Some Notes • “I have been suffering for a long time at the hands of those boys. I tried my best to live. But I have no weapon to stop them.”-Victim. • “If I reveal my identity, people will see me on television, newspapers will print my photo. I will be treated very badly, isn’t that right?”-Victim. • I want justice. I get so tired of talking to the media. Can you ensure the punishment of the killers?- Victim’s mother. • A girl should cover her properly, if they don’t it and don’t wear a scarf then man will not be able to control himself from doing bad things. A man can’t control his sexual desire!- Offender. • “But for eye testing you don’t need to touch the body, remember where were your hands what did you do?” SP Taptun Nasreen

4. Concept : Theory & Practice • Women the main victims the South Asian society where chastity of women has been considered as a symbol of honour of families & communities. • An undesirable demonstration of patriarchy • An unspeakable dilemma/extremely dangerous practice • Sexually aggressive behavior towards women/girl • Committed by lower mentality persons to fulfill their sexual urge • Has social, cultural & psychological impacts on women which effects adversely • Eve-teasing provides a non-western view (Crossette, 1990) SP Taptun Nasreen

5. Concept……. • Verbal harassment on women is evident all over the world • An overlooked culture in the society (Amin, 2004). • Contemporary feministsissue • Continues to cause confusion & controversy (Thomas & Kitzinger, 1997) • Use policy capturing techniques to analyze the different factors individuals use when determining sexual harassment(Jacobi 1990) SP Taptun Nasreen

6. Concept……. • In feminist theory, as an expression not of unbridled lust and desire, but of power (Wright & Bean, 1993). • Routine of male dominating culture (Chowdhury, 2008) • An expression of male chauvinism (Hossain, 2007) • Traditional mindset and practices • Contains intimidation, bullying or coercion of a sexual nature, or the unwelcome or inappropriate promise of rewards in exchange for sexual favors SP Taptun Nasreen

7. Concept……. • Happen in the crowded places, walking on the road alone or any places that suits. • Considered as a public nuisance • Often resulting in grievous hurt, abduction, acid throwing, rape, murder and forced suicide • Supposed to either tolerate it • Have been accused for the incident • Do not dare to raise a voice against doers SP Taptun Nasreen

8. Pattern of the Act • Use many tactics • whistling, catcalls, singing, dancing, sign-making • ogling, winking, passing comments in the form of sexual innuendos, touching, groping, stalking, • bargains, teased & threw obscene comments, smutty jokes, coarse laughter, indecent exposure at women • beating/slapping • acid attacks, • unwanted ‘love’ proposals. • sexual assault • act as lover/ Made her believe to be her husband SP Taptun Nasreen

9. Pattern of the Act • A new dimension by using technologies. • Send indecent SMS texts & photographs of/to the victims to cell phone user. • Using missed calls and/or phishing phone calls. • Sending lewd text messages, ‘prank’ calls, display of pornography, threatening and intimidation, • Mobile cameras have been used to take & distribute graphic images of women • Made threat to the women that they can defame her by using her picture with pornography SP Taptun Nasreen

10. A Vicious Cycle • Different rules of censorship on boys & girls movements • When the girl grows up & gets married, she is expected to adjust to the 'outside world' of husband, in-laws altogether, something they have not prepared her for • Sometimes burden shifted to women; they invite this behavior by the way of dress-up and make-up; thinking is itself rooted in patriarchy. • Societal behavior made the women to accept this harassment as it the man’s moral right, social superiority and physical power over women. • Women traditionally have no voice/choice SP Taptun Nasreen

11. A Vicious Cycle • Wholly improper & unbefitting • Can’t be proved beyond reasonable doubt • Never made any action by authority • Accused made complaint • Victims are subject to threat & harassment • Guardians become worried • Society blame the girl • Eventually, women (especially the school girl) and/or guardians feel these pressures are too much • Severely restricts the mobility and unquestionably a threat to women's empowerment. SP Taptun Nasreen

12. A Vicious Cycle • Start from teasing- end with violation • Abduction • Beating • Acid throwing • Drop out of the school • Deprived from social outlets • Get married for security • Health risk associated with early marriage and pregnancy • Victims are blamed & stigmatized • In some cases commit suicide SP Taptun Nasreen

13. Consequences • This practice violates a woman’s basic right to live in self-confidence • Cost of SH is huge in national and individual life • Half of the population • Reduces the quality of working life • Jeopardizes the well-being of women and men • Undermines gender equality • Imposes costs on firms and organizations • Unwelcome and unreasonable conduct SP Taptun Nasreen

14. A Vicious Cycle What do you think? Youth Child Marriage Old age SP Taptun Nasreen

15. Purpose: Anti-Sexual Harassment Policy Thinking individually & socially damaging and should not be tolerated Legal and social measures • Strict anti-sexual harassment policy • Positive and supportive approach for women empowerment

16. Legal Measures • The legal measures are • formulating law • a code of practice • revision of the existing law • Existing legislative framework • Penal Code, section 509. • Metropolitan Police Ordinance 1976 • Women & Children Repression Act 2000/03 SP Taptun Nasreen

17. Legal Mandate: Existing legislative frameworkthe Penal Code 1860 If anybody intending to insult the modesty of any women, utters any word, make any sound or gesture or exhibits any object, intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such women, or intrudes upon the privacy of such women, shall be punished with simple imprisonment for a term which may extend to one year or with fine or with both (Sec. 509). SP Taptun Nasreen

18. Legal Mandate: Metropolitan Police Ordinances, 1976 Whoever willfully and indecently exposes his person in any street or public place within sight of and in such manner as may be seen by, any woman, whether from within any house or building or not, or willfully obstructs any woman in a street or public place or insults or annoys any woman by using indecent language or making indecent sounds, gestures, or remarks in any street or public place, shall be punishable with imprisonment for a term which may extend to one year , or with fine which may extend to 2000 taka, or with both (Article-76). SP Taptun Nasreen

19. Legal Mandate: Women and Children Repression &Prevention Act-2000/03 • In Women and Children Repression and Prevention Act-2000 an excellent provision was included in section article 10 that teasing of women like making obscene comments or gestures was an offence covered by it providing for up to seven years of simple imprisonment or meticulous imprisonment for two years. • Act was amended in 2003 where no one can be charged with sexual abuse of a woman until it is physical. And thus those who bother women in public places can no longer be tried under this law. Defending the amendment, the government has said the provision had been abused to harass rivals. SP Taptun Nasreen

20. Legal Mandate: Women and Children Repression and Prevention Act-2000/03 • Replacing that, a new provision has been added under Article 9 • If a woman is forced to commit suicide as a direct consequence of somebody's wilfuldishonour/sexual harassment/assault, then the guilty person will be liable to a maximum of 10 yrs and a minimum of 5 yrs of imprisonment. • Controversies regarding this provision as it does not specify whether the term 'wilfuldishonour or assault' includes eve teasing/SH. • Difficult to establish the fact in favour of the victim. SP Taptun Nasreen

21. Legal Mandate (Govt. Off) • Section 27A of the Government Servants Discipline and Conduct Rules 1979 states that: No language/behavior which is -improper -against official decorum -dignity of female colleague is punishable • To ensure that public officials are held to account for any acts of sexual harassment. SP Taptun Nasreen

22. SH guide lines from HC • Pronounced on 14 May 2009 • Prof Sirajul Islam V JU • Inquiry by individuals • Legal protection • Authority responsible for SH free environment for student SP Taptun Nasreen

23. SH guide lines from HC • Directed the govt to make a law on the basis of the guidelines • Ruled that the guidelines will be treated as a law until the law is made • Directed the concerned authorities to form a 5-member harassment complaint committee at every workplace & institution • Complaints office should be women led& majority of committee members must be women • Committee recommend to the authorities to take action against the accused persons. SP Taptun Nasreen

24. High Court: Definition • Disturbing women and children through letters, e-mails, SMS, posters, writings on walls, benches, chairs, tables, notice boards and threatening or pressing them to make sexual relations are SH & torture • Rape, sexual provocation, envious or intentional propaganda against women and children, and showing such films, digital images, paintings, cartoons, leaflets, posters and still photographs are also considered as indirect SH & torture. SP Taptun Nasreen

25. High Court: Definition • According to the guidelines, nobody can touch or hurt with any bad intention any part of the body of a girl or woman. • Any indecent word or comment cannot be used about them, and any unknown adult girl or any woman cannot be addressed as a beautiful one with any bad intention. • Teasing women and children through e-mail or telephone will also be considered as offence, and ordered that any kind of provocation or character assassination will have to be stopped. • The Court observed “It is the personal choice of a woman to wear a veil. If any person tries to compel a woman to wear a veil against her consent or will that amounts to a violation of her fundamental rights as enshrined in the Constitution”. SP Taptun Nasreen

26. High Court: Definition • The HC prohibited the authorities concerned from disclosing the names & addresses of the complainants and accused persons until the allegations are proved. • Asked the Secretary of law, women & children affairs, education, labour, information, UGC, university authorities, BGMEA, Bangladesh Knitwear Manufacturers and Exporters Association, Bangladesh police and Bar Council to comply with the guidelines. SP Taptun Nasreen

27. Social measures • Socialization • Education • Creating job opportunity (Millar, 1999) • Making skilled workers • Unemployment has a correlation with crime (Benjamin, 1999; Willis, 1999). • Raising the understanding of the concept to combat the issue • Social awareness; protest the issue • Motivation (3,000 Kishori Clubs operating in 30 districts) SP Taptun Nasreen

28. Recommended Process • Formulate and implement of strict law • Social awareness & responsibility • Jobs creation • Providing proper education • Adding co-curriculum activities • Enhancing knowledge & skills • Family responsibility to teach social & moral values & equality • Media involvement by arising awareness • Raise voice against this crime SP Taptun Nasreen

29. Academic Suggestion To stand against this practice formulate and implement strict law • Treat as a cognizable and non-bailable offence. • Convicted persons can be directed by court to pay a high compensation to the victims. • Technology, cancellation of SIM and legal action. • Amendments on the Women and Children Repression Act 2003 inserting this punishment can be made the law stringent. SP Taptun Nasreen

30. Recommend: Police Experience • regular meetings between community & Police • Confidential/the media report • support and assistance for victims /witness • Investigating Officer • appropriate training • aware of the existence of the law & its implementation • trial would be made speedily SP Taptun Nasreen

31. Recommend: Police Experience • Need to handle carefully • Listen to her • Whatever the thing it is- need to be patient • Not use any unwanted language/gesture • Use of handcuff/ arrest procedure/ search • Careful interrogation • Need to be gender sensitized SP Taptun Nasreen

32. Anti-SH Policy • Respect and dignity that women of today deserve • Partnership- and accountability-focused versions of community participation (O’Rourke & Macey, 2003) • Defining SH as a social movement • Need to be sensitive to punish those actors • Not just a girl's problem; problem of whole society • Tucking this unwelcome masculine attention under the carpet is not a solution for the civilized society. • Solutions with positive social impact • Curbing GB inequalities, discrimination, violence. SP Taptun Nasreen

33. WOMEN have the Right to be Safe SP Taptun Nasreen

34. Thank You