Combating eve teasing-A constitutional goal of Bangladesh
A number of positive measures have been taken in Bangladesh to fight this menace, however; the social security of women is still uncertain
Tasmiah Nuhiya Ahmed
Eve teasing is a crime against the honor, dignity, and self respect of women. It refers to niggling a girl in public atmospheres. It starts with meddling on her right to freely travel within the country. It includes passing awful comments in grimy words, showing offensive sign, nasty bodily movement, causing obstruction on the way, giving whistle etc. Eve teasing was not that severe crisis in Bangladesh till eighties. However, from 1980s, eve teasing with its saw-toothed jaws has started to contaminate our social structure. It severely infringes constitutional rights of women in Bangladesh. It holds back women from participating in all spheres of national life though this right to women is guaranteed under Article 19 of the Constitution of the Peoples Republic of Bangladesh (Constitution). As a consequence attaining a uniform level of economic development for both men and women throughout the country has become impossible. It has reached to such a distressing situation that many girls committed suicide in the last couple of years due to eve teasing. The right to get protection of the law of a woman, provided under Article 31 of the Constitution, is hindered to a victim of eve teasing. Under Article 32 of the Constitution a woman cannot be deprived of her personal liberty. She has the right to move freely throughout Bangladesh under Article 36 of the Constitution. But these rights of women in Bangladesh are sternly contravened due to the eve teasers. There is a burly need for combating this curse as this causes women not being able to enjoy their constitutional rights.
Bangladesh is a signatory to the International Covenant on Civil and Political Rights (ICCPR), International Covenant on Economic, Social and Cultural Rights (ICESCR) and Convention on the Elimination of Discrimination against Women (CEDAW). Being a signatory to the abovementioned international instruments, it is obliged to ensure social security for upholding dignity of a woman.
Bangladesh has enacted a number of laws that aims for removing the immoral crime of eve teasing from our society.
As per the Metropolitan Police Ordinance, eve teasing may be defined as-
i. willful and indecent exposure of a person in a street or public place within the sight of a woman,
ii. willful pressure or obstruction on any woman in a street or public place,
iii. insult or annoyance towards a woman by using indecent language or making indecent sounds, gestures, or remarks in any street or public place.
The law provides that a person guilty of committing the abovementioned acts shall be punishable with imprisonment for a term which may extend to one year or with fine which may extend to two thousand taka, or with both.
Under section 10 of the Prevention of Women and Children Act 2000 (Act of 2000) a person is punishable with rigorous imprisonment of 3 10 years and fine of an indefinite amount for committing sexual torture, i.e. for touching the sexual organ or any other organ of a woman or child by any of his organs or by any other objects with a view to fulfilling his illegal sexual desire.
Section 10(2), which was abrogated through the amendment in 2003, provided punishment for a person who, with a view to fulfilling his illegal sexual desire, outrages a womans modesty or makes erotic gesture.
Section 9(ka) of the Act of 2000 provides for punishment of imprisonment of 5-10 years and also an indefinite amount of fine for a person who forces a woman to commit suicide as a consequence of willful dishonor or sexual harassment or assault.
In addition, the Executive Magistrates were empowered to take legal action in the form of imposing punishment of imprisonment of one year or fine or both under the Mobile Court Act 2009 on the spot against those who are convicted of stalking and harassing a woman.
Therefore, quite a number of positive measures have been taken in Bangladesh to combat this blotch, however; the social security of women is still uncertain. It is pertinent to raise social awareness against eve teasing so that families do not grow up their sons as eve teasers and also do not conceal occurrence of such offence from the law enforcement agencies. As a measure to develop social awareness, the Education Ministry of Bangladesh has declared 13 June as Eve Teasing Protection Day. However, sometimes lack of proper education and political backup to the eve teasers results in harassment to the sufferer or very little punishment for the criminal when the victims opt for taking legal action against the offenders. Due to this reason, laws are not being enforced the way in was intended in Bangladesh.
The writer is a lawyer
