Recognising women’s right to a safe workplace

Workplace sexual harassment is one of the most serious and widespread problems faced by women in Bangladesh. Although harassment is often linked with physical assault, in reality, it goes far beyond physical contact. For instance, unwanted sexual comments, stalking, remarks on appearance, indecent gestures, humiliating jokes and intimidation can amount to sexual harassment when they create an unsafe and degrading work environment. Reports show that 79.3% of female garment workers have faced some form of sexual violence in their workplaces. Even though women contribute to the workforce and the economy, they still face abuse, humiliation, and discrimination. It hampers women’s productivity and discourages them from entering the workplace.

Workplace sexual harassment received its first significant legal recognition in Bangladesh through the landmark judgement of Bangladesh National Women Lawyers Association (BNWLA) v Government of Bangladesh in 2009. In this judgement, the High Court Division (HCD) held that sexual harassment violates the constitutional guarantee of equality under Articles 27 and 28(2). The court also issued binding guidelines that would apply to all public and private institutions. The court declared that verbal abuse would amount to sexual harassment along with physical abuse and further emphasised the liability of employers to maintain a safe work environment. The next important development was brought by the incorporation of Rule 361Ka into the Bangladesh Labour Rules 2015, through the amendment of the Labour Rules in 2022. The rules laid out the definition of sexual harassment by including unwelcome sexual remarks, threats to establish physical relations with the workers, demands for sexual favours from them, etc. The rules also require every institution to form a committee headed by a woman to facilitate reporting.

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Finally, after a long delay, in 2026, the labour law of Bangladesh was amended to address the issue of workplace sexual harassment. For example, the newly added section 332 of the Bangladesh Labour Act 2006 now imposes an obligation on the employers to take steps to ensure that the workplace is free from harassment and violence. Additionally, under Section 307A of the same Act, offenders may face a fine not less than 20,000 Taka and not more than 50,000 Taka.

Apart from our labour laws, the Penal Code, 1860 also protects against workplace sexual harassment. Sections 354 and 509 criminalise any assault or criminal force, acts, words, and gestures intended to outrage or insult the modesty of a woman. However, the term ‘modesty’ in these two sections is vague and subjective, and it creates an unreasonable burden to prove the chastity of the alleged victim during the trial, leading to traumatising character assassinations, unreasonable legal hurdles, and low conviction and reporting rates.

Additionally, despite these legal developments, the enforcement is notably constrained. Women lack confidence in the judicial system, and most institutions fail to comply with the provisions regarding the reporting of violations. Victims often avoid making formal complaints fearing loss of employment, social stigma, and victim-blaming. Even when complaints are made, women are not willing to use explicit language to describe that harassment due to social norms.

The laws are also in some way scattered and thus militates against predictable pathway to justice. In any case, the country requires an overarching legislation that recognises verbal, physical and cyber harassment equally. Although a standalone law (draft) on the prevention and protection against sexual harassment at workplaces and educational institutions was apparently finalised during the time of interim government, there has not been any development since. Unless laws are properly enforced, countless women in Bangladesh will continue to suffer in silence, deprived of their constitutional right to a safe workplace.

The writer is student of law at the University of Dhaka.