Anti-harassment and anti-discrimination laws in Bangladesh are spread across several statutes, and they leave notable gaps, especially for men, LGBTQIA+ persons and students. This post summarises an interview on the subject with Advocate Tasmiah Nuhiya Alamin (Tasmiah Nuhiya Ahmed, Advocate of Bangladesh Supreme Court), published by Anvay, a global dialogue on harassment and discrimination run by The Legal Swan.
Read the original interview: Navigating Anti-Harassment and Anti-Discrimination Laws in Bangladesh: Insights from Tasmiah Nuhiya Alamin, Partner at FM Associates
Which laws deal with harassment and discrimination?
There is no single law. The interview points to three main sources:
- Penal Code, 1860: Section 354 punishes assault or criminal force against a woman intended to outrage her modesty, with up to two years’ imprisonment, a fine or both.
- Prevention of Oppression Against Women and Children Act, 2000: Section 10 deals with sexual harassment and carries imprisonment of three to ten years and a fine.
- Bangladesh Labour Act, 2006: Section 332 prohibits behaviour towards a female worker that is indecent or offends her modesty or honour.
These are mainly criminal provisions, with the Labour Act operating in the employment setting.
Many protections are gender-specific
The interview notes that some provisions protect everyone, while others protect only women. Examples given include:
- Section 497 of the Penal Code (adultery) punishes only the man, not the woman.
- Section 375 (rape) is defined as an act by a man against a woman, so there is no provision for male rape.
- Section 46 of the Labour Act gives women eight weeks of maternity benefit before and eight weeks after delivery, but there is no paternity benefit law.
Sexual harassment at the workplace
Section 332 of the Labour Act applies only to female workers and does not cover students in higher education. Two developments fill part of the gap:
- British American Tobacco Bangladesh Company Ltd v. Begum Shamsun Nahar (66 DLR (AD)): An establishment can be held liable in tort and damages if it fails to prevent sexual harassment of women.
- 2009 High Court Division guidelines: These define sexual harassment and cover workplaces, educational institutions and other public places. They are treated as law until formal legislation is passed.
Online harassment and children
The interview lists the Digital Security Act, 2018, the Penal Code (including Section 499 on defamation) and the Information and Communication Technology Act as the laws used against online harassment and cyberbullying. Please see the note at the end of this post about the status of these Acts.
Gaps identified
- LGBTQIA+ persons: There are no specific provisions for them in these laws.
- Men: Protection is limited for specific sexual offences. The interview mentions a writ petition filed in the High Court seeking to include rape and sexual violence against men under Section 375, filed by Supreme Court lawyer and human rights activist Tasmiah Nuhiya Ahmed together with Dr. Masum Billah and Dr. Soumen Bhoumik.
- Students: Higher education students are not covered by the Labour Act’s workplace provision.
The takeaway
Bangladesh has legal frameworks for harassment and discrimination, but they focus mainly on women and leave gaps. The interview calls for comprehensive reform so that protection applies equally regardless of gender or status.
Frequently asked questions
Is there one law on sexual harassment in Bangladesh?
No. Protection comes from the Penal Code, the 2000 Act, the Labour Act and court guidelines.
Does the Labour Act protect men?
Section 332 refers to female workers only.
Do the 2009 High Court guidelines apply to schools and universities?
Yes. They cover workplaces, educational institutions and other public places.
This post is a summary of an interview published by Anvay (The Legal Swan) and links to the original for the full text. It gives general information only and is not legal advice for any specific case.