PUBLIC INTEREST LITIGATION (PIL)

Bangladesh National Women Lawyers’ Association (BNWLA)

1. Secretary, Ministry of Law, Justice and Parliamentary Affairs
2. Secretary, Ministry of Women and Children Affairs
3. Secretary, Ministry of Labour
4. Secretary, Ministry of  Education
5. University Grants Commission
6. University of Dhaka
7. Jahangir Nagar University

The writ petition was filed by BNWLA seeking directions to formulate guidelines or policies for the protection of women and girls from sexual harassment in workplace and educational institutions and all other settings, and to take immediate steps for enactment of proper legislation to address sexual harassment.

After seven days of hearing, the High Court delivered judgment, giving directives in the form of guidelines for safeguards to sexual abuse and harassment of women at workplaces and educational institutions along with the following guideline.

It shall be the duty of the employers & responsible person in work place or educational institution to maintain an effective mechanism to prevent all sexual abuse and harassment & to provide effective measure resorting to all legal & institutional steps   Constitutional and statutory provision against gender discrimination, provision of sexual harassment and torture and punishment should be published and circulated in an effective manners.

 To ensure there is no hostile environment, not disadvantaged in comparison to their male colleagues & fellow students. Appropriate disciplinary action must be initiated, there must be evolved a complaint mechanism. To make complaint by victim, concerned authority will constitute a Complaint Committee (have minimum 5 members) & must be ensured that identity and security of complainant will be ensured. The complaint committee shall submit an investigation report on the compliant fact within 30 working days the period may be extended up to 60 days. The concerned Authority may suspend temporally the accused person (other than students) in case of the students, may prevent them from attending their classes, if the accused is found guilty of sexual harassment, the concerned authority shall treat according to the disciplinary rules of work place and the educational institution in both public and private sectors within 30 days and/or shall refer the matter to the appropriate Court or tribunal if the act complained of constitution an offence under any penal Law.

Mr. Justice Syed Mahmud Hossain

Mr. Justice Quamrul Islam Siddiqui