of law. In a PIL case of Bangladesh Legal Aid and Services Trust vs. Govt. of Bangladesh2the
Court declared that the imposition of extra-judicial punishment in the name of Sharia/Fatwa is
illegal and without lawful authority. The court also issued the directions that the persons
responsible for imposition of extra-judicial punishments shall be held responsible under the
relevant sections of the Penal Code and other laws of law applicable in the regard.
In similar vein, in the case of Md. SalauddinDolon vs. Govt. of Bangladesh3, the High Court
Division declared that imposition of dress code on women by the government official such as
veil or purdah is a violation of women’s rights.
16. Sexual harassment of women what is popularly known as 'eve teasing' has emerged most
pressing social problem in Bangladesh. In recent years, ‘eve teasing’ resulted in several suicides
by the victim girls, killing of their relatives or other people who try to protect the victims from
any attempt by the perpetrators of such menace. In the case of Bangladesh National Women
Lawyers Association (BNWLA) vs. Government of Bangladesh4, the court recommended for
incorporation of Sexual Harassment as a new offence in the Suppression of Oppression of
Women and Children Act, 2000.
Domestic workers are most disadvantaged and deprived segments of society in Bangladesh. In
particular, child and female domestic workers are often abused and subjected to torture and other
forms of inhuman treatment. In the case of Bangladesh National Women Lawyers Association
(BNWLA) vs. Govt. of Bangladesh,5the government is directed to take immediate steps to
prohibit employment of children up to the age of 12 from any type of employment, including
employment in the domestic sector and to include domestic workers within the definition of
“worker” in the Labour Act, 2006.
Sexual harassment of female students at educational institutions or workplaces is another
prevalent form of gender-based abuse and violence in Bangladesh. But the existing laws of
Bangladesh do not define the term ‘sexual harassment’. In the case of Bangladesh National
Women Lawyers Association (BNWLA) vs. Government of Bangladesh and Others6, the High
Court Division found that there is no virtually any law to prevent and punish acts and behaviour
known as sexual harassment of women. The court observed that protection from sexual
harassment and right to education and work with dignity is universally recognised as basic
human rights. The Directives provide that it shall be the duty of the employers and other
responsible persons in work places, and the authorities of all educational institutions to maintain
an effective mechanism to prevent or deter the commission of offences of sexual abuse and
harassment, and to provide effective measures for prosecution of the offences of sexual
harassment.
In Bangladesh, women living in poverty, in both rural and urban areas, are facing problems in
access to justice due to various constraints such as discriminatory attitude, legal and institutional
2
DLR (HCD) (2010).
Writ Petition N0. 4495 of 2009.
4
Writ petition no. 8769 of 2010.
5
Writ petition no. 3598 of 2010.
6
14 BLC (HCD) (2009) 694.
3
8