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RIGHTS INVESTIGATION

Sexual harassment of female students

Anup Kumar Biswas
Teacher and a Female Student?
Sexual harassment means any unwanted verbal or physical behaviour of a sexual nature especially by a person in authority towards a subordinate (as an employee or student). 'Unwelcome' is a key element in determining whether any behaviour constitutes sexual harassment or not. Being superior and having control or authority, male teachers usually have an advantage to harass their female students sexually. The following expressions and signs of a teacher will constitute sexual harassment towards any female student: • Staring, leering and ogling: When any teacher constantly stares at a particular > female student and she feels embarrassed j and uncomfortable.
j • Frequently commenting on personal appearance: When any teacher passes remarks like: "You look impressive”, or “You
have worn a nice dress”, or “I like your hairstyle” which will lead to an opportunity of indul-
The term 'female' is inextricably related with the term 'violence' and 'repression'. Women have always been susceptible to violence since the evolution of human civilization. It is quite natural that when any violent act occurs, general people do not possess any curiosity as to the identity of the culprit or aggressor; rather they express high regret regarding the nature and extent of the violence. But when the violence is committed by the parents, legal guardians or teachers of the victim, people become amazed because every violence has its own ethics and when it is done by any fiduciary relation, such unethical violence cannot be endured in usual circumstances. Sexual harassment of female students by their honourable teachers is such a type of unethical violence. It not only ruins the female entity but also poses a great threat towards female enlightenment. Everyday in Bangladesh, female students, particularly tender aged girl students are frequently harassed by their male teachers in their educational institutions, on roads, at coaching centres or even inside their houses while receiving education from private tutors. It is horrifying that in less than a period of last twelve months, at least thirty incidents of sexual violence of female students by their male teachers and within the arena of their educational institutions have been reported in different daily newspapers of the country. There are still many more cases of sexual harassment which remain unheard and unadjudicated. Of course, it is true that sexual harassment of female students has been prevailing and continuing for a long time but due to lack of exposure in both electronic and press media, this violent issue has always remained in darkness. The shameful story of Parimal Joydhar (Unfortunate incident of rape of a female student of class ten of Viqarunnisa School and College, Dhaka in July, 2011) has turned everyone on and has become a milestone fact in the history of 'Unethical violence against enlightenment.'
What Constitutes Sexual Harassment between a
gence.
• Touching the student Everyone has a right to his or her body. So, physically touching a student particularly a female student is not appropriate.
• Persistently emphasizing sexuality in all contexts This can occur when a teacher continuously uses sexually depraving words or views all topics through sexuality in illustrating a point both inside and outside the class and students feel embarrassed. Immersion of Dedication and Morality: When the teachers' community deviate from their dedication and sacred responsibility, it is a matter of great shame and disgrace to the whole society since teachers are the actual nation-builders and torchbearers of an enlightened community. This unwanted issue gives rise to the following questions:
- Are the girl students really safe even at one of the most sacred places like educational institutions?
- Can the parents enjoy an anxiety-free state of mind after sending their daughters to acquire knowledge?
- What will be the value of ethics and morality if the female students are ruined at the honorary hands of their respectable teachers?
- Can the nation expect any type of progress from this demoralized unethical educational spirit?
Probable Effects of Sexual Harassment on
Female Students
• Traumatic stress or disorder on female students: The victims suffer from 'emotional trauma' as a consequence of which they feel dirty and ashamed, slowly and gradually lose self-determination and very often develop a sense of distrust and disgrace to others.
• Drop-out from educational institutions: Out of shame, fear and dishonour those who are sexually harassed, do not like to go to educational institutions and sometimes their guardians also do not allow them to go.
• Early marriage: The parents of the female victims think that if their daughters are married off and have
husbands, they will be saved from this danger. Out of this thought, they push their daughters into early marriages.
• Retardation of development: The period between childhood and adulthood is very important for female students in their development. But sexual harassment frustrates their psychological and intellectual development and compel them to be dependant on male counterparts.
• Less scope of utilizing potential female resource: Due to dropping-out, early marriage and disruption of development, a considerable portion of potential female resource is being left out from the all-out progressive activities of the country.
Common Causes of Vulnerability of Female Students in Bangladesh
• Fear of 'not to be believed': The sexually harassed female students become ashamed and feel that, somehow, they will be blamed and will receive additional abuse from both parents and the society. They believe that if they report to the authority or their parents, they will bring troubles onto themselves.
• Teachers having control and exercising superiority: Some teachers use their position of authority in soliciting sex from female students. This concept of exercise of authority makes it difficult for females to refuse sexual advances.
• Failure to seek justice: One of the main problems is that the sexually harassed female students actually don't know how and where to seek justice against the harassment. They don't even trust their own perceptions of what happen to them.
• Inadequate or idle laws: Due to under-reporting and loopholes or inadequacy of the idle laws, actual culprits remain out of conviction process. This failure of conviction raises confusion among the victims as to whether they should bring the unfortunate incident to light or not. Even if they report the act, nothing will be done. So it is better not to report.
Inadequacy of Prevailing Laws and Guidelines in Bangladesh
One of the main reasons behind sexual harassment in Bangladesh is the inadequacy of Laws. 'The Constitution of the Peoples Republic of Bangladesh', 'The Guidelines of the High Court Division passed in 2009', 'The Women and Children Repression Prevention (Amendment) Act, 2003', 'The Penal Code, I860', 'The Children Act, 1974' and 'The Government Servants Discipline and Conduct Rules, 1979' deal either directly or indirectly with sexual harassment. Though there are a number of laws relating to sexual harassment, there are inconsistencies in the provisions of these laws. Actually, there is no separate full-fledged law regulating sexual harassment. Of course, The 'Draft Sexual Harassment Law' has been prepared but it is yet to come into effect. The most impressive instrument is the issuance of a set of Guidelines by The High Court Division of the Supreme Court of Bangladesh on May 14,2009 in the case of “Bangladesh National Women Lawyers Association (BNWLA)
Vs. Government of Bangladesh and Others”, (Writ Petition No. 5916 of 2008, Judgment on 14.5.2009) preventing sexual harassment of women, girls and children at their workplaces, educational institutions and other public places including roads across the country. The HCD directed the government to make a law on the basis of the guidelines and to treat it as a law until the law is made.
In Quest of Distinct Legislation and Appropriate Preventive Measures
Legislative measures
The Government should immediately adopt an anti-sexual harassment policy and enact a full-fledged law on 'Sexual Harassment' considering the Guidelines of the High Court Division and by following the international model combating sexual harassment prevailing in other developed countries of the world.
Other strategic initiatives
• The Ministry of Education should administer and supervise 'A confidential report' evaluating the performance of teachers in every educational institutions.
• Victims or parents of the victims should not remain silent. They must come forward and raise voice against the culprits.
• Female students should be communicated properly that they are not responsible for uninvited sexual offer they receive from their teachers or other students. So, they should not feel shy to lodge complaints to the concerned authority.
• Raising awareness against sexual harassment can be a strong initiative to combat it. Both electronic and press media have to play a key role in this respect by highlighting the instances of sexual harassment that occur at every corner of the country.
• Research should be introduced to investigate programmes used by other countries to control sexual violence in educational institutions.
• In the text book of secondary level, a separate chapter on 'Gender Studies' containing rules and regulations against sexual harassment may be recommended for inclusion.
• A public website may be introduced where young victims of sexual violence can express themselves, make reports and thus receive some form of support and reassurance.
Conclusion
Sexual harassment, physical and verbal, has become a disease which is slowly and agonizingly spreading in our society. It shall also be interpreted as a crime or violence against educational advancement. Legislation alone cannot curb this vice. Besides, it cannot be eradicated overnight. Alleviating sexual harassment from educational arena is, therefore, a revolution and everyone must be involved in. Raising awareness, deliberate upliftment of ethical norms and values and appropriate targeted measures are required to overcome this undesirable situation.
The writer is Assistant Professor of Law, Premier University, Chittagong, Bangladesh.