Legal Advisors Of Civil Law In Bangladesh

Eve teasing is very common social problem and every day women come-across some form of eve teasing. In this case, do you think that women should be empowered to fight back due to end this evil act – Explain & Illustrate.

INTRODUCTION

We are living in the 21st century- technology, education and society has improved in so many ways, but still the mindset of people has not changed. It is said that women are the half of the nation but they are not treated as such. Still they are discriminated and teased. They say it is tough to be a woman in our society. It is like a same story every day for thousands of women all across the country. Right from the time they venture out of their homes for schools, colleges or offices, they have to be on their toes all the time. Whenever a girl goes out to school or any other places, her parents worry until their daughter returns home safe and sound. The reason for which women of our society cannot live or move peacefully is Eve Teasing. It is a regular occurrence for the women and girls of Bangladesh. It refers to the violation of a woman’s basic right to live in dignity. Women have always been subject to eve teasing and unfortunately the trend continues to grow.

EVE TEASING

Eve teasing is a major problem in India, Bangladesh and Pakistan. Eve teasing is a euphemism used in India and sometimes Pakistan, Bangladesh and Nepal[1] for public sexual harassment, street harassment or molestation of women by men, with Eve being a reference to the biblical Eve[2].

Eve teasing refers to the sexual harassment of women in a bizarrely innocuous way — the wo

men are “eves,” the original temptresses leading men to sin, and therefore men “tease” them.  Never mind that “teasing” often refers to the blatant groping of women in public, stalking women, incessantly verbally harassing them and calling them sluts, and in extreme cases, throwing acid and/or exacting violence against them.

Eve-teasing has been a notoriously difficult crime to prove, as perpetrators often devise ingenious ways to attack women, even though many feminist writers term it as “little rapes”,[3] and usually occur in public places, streets, and public transport.[4]

REASONS OF EVE TEASING IN BANGLADESH

CONCEQUENCES OF EVE TEASING

It is a traumatic experience that has negative consequences for the greater community and can leave deep psychological scars. Parents, who are concerned about their daughter’s honour or safety, sometimes keep them home from school and/or marry them off at an early age. The present situation is very alarming. Many victims have committed suicide. “Some victims find suicide to the only avenue that enables them to escape this social pandemic”, said Sultana Kamal, executive director of Ain-O-Shalish Kendra (ASK)[5].

One such example is 13 year old Nashfia Akhand Pinky, known as Pinky, who killed herself after months of stalking, harassment, and torment, by her 22 year old neighbour and his friends. After confronting the harasser, Pinky was beaten by her neighbour as other neighbours looked on but did nothing. In her suicide note she wrote, “When [my tormentor] pulled my scarf and harassed me physically in front of the house, onlookers at the scene laughed. Nobody protested. None of my family members are responsible for my suicide”.[6]

WOMEN SHOULD BE EMPOWERED TO FIGHT BACK

The major problem with eve-teasing is that victims seldom report incidents, so the perpetrators of these crimes are rarely prosecuted. This leads to a belief amongst them that no action will take place against them, and so they continue to sexually harass women.  Another problem is that the witnesses of such incidences tend to no interest in rescuing the victim or become involved in any way.

The menace of eve teasing can only be overcome by empowering women to fight back. The very concept of women being empowered shows that society as such has given a raw deal to women that they themselves have to come forward to fight for their rightful place in all walks of life and prevent their exploitation in every field.

Fighting back does not mean that they have to sock your offender in the face, but being too shy and reserved to speak up is just going to work against them. They have got to look their offender in the face and speak up as loud as you can. Some steps could be followed to offend the teasers-

FUNDAMENTAL RIGHTS OF WOMEN

As citizens, women have the right to enjoy the following fundamental rights as provided by the Bangladesh Constitution[7]-

LAW AGAINST EVE TEASING IN BANGLADESH

Amongst all the rights, none of them a woman actually has or exercises. They are harassed, annoyed, tortured and killed without any valid reason. Our country is so inefficient in providing the rights to women and giving them the justice.  To weed out this evil, stringent laws are needed. It is the sole responsibility of our government to make sure that women are fully aware of their rights and get justice in every step of their life.

The constitution of Bangladesh guarantees equal rights to all citizens. The importance of women as an important human resource has been recognised by the Constitution of Bangladesh and accorded equality to women.[8] Government has designated June 13 as ‘Eve Teasing Protection Day’.

In “Women and Children Repression and Prevention Act 2000” an excellent provision was included in section article 10 that teasing of women like making obscene comments or gestures was an offence covered by it providing for up to seven years of simple imprisonment or meticulous imprisonment for two years.

In section 10(1), the law defines sexual torture as, “If a man touches the sexual organ or any other organ of a woman or of a child by any of his organs or by any other objects with a view to fulfilling his illegal sexual desire, such act of the man will be termed as sexual torture”. This definition, in fact, includes the attempt of rape or outraging the modesty of a woman by actual physical contract. The law punishes the offender with rigorous imprisonment of minimum 3 and maximum 10 years and also an indefinite amount of fine.

In section 10(2), the law defines sexual harassment as, “if a man, with a view to fulfilling his illegal sexual desire outrage a woman’s modesty or makes erotic gesture, such act of the man will amount to sexual harassment”. A rigorous imprisonment ranging from 2 to 7 years and additionally an indefinite amount of fine is rewarded for this offence. According to this definition sexual harassment is an offence that is committed by not coming with actual physical contract to the victim.

But this act was amended in 2003 where no one could be charged with sexual abuse of a woman until it is physical.

Under section 509 of the penal code, it is clearly said that,” anybody intending to insult the modesty of any woman, utters any word, make any sound or gesture or exhibits any object intending that such word or sound shall be heard, or that such gesture or object shall be seen, by such woman, or intrude upon the privacy of such woman, shall be punished with simple imprisonment for a term which may extend to one year or with fine or with both”.[9]

Recently the government of Bangladesh gave power to the assistant magistrate to stop eve teasing. On November 10, 2010 prothom-alo newspaper, It was declared that now the eve teasing judgement will be passed on mobile court. The teaser will be punished on the spot with maximum 1 year of imprisonment or will have to pay fine or both. The section 509 has been included in the mobile court.[10] Using this section the magistrate can declare the judgement on the spot. This law will help to stop eve teasing and will create fear among the stalkers.

CONCLUSION

Each and every day there is some news of eve teasing on the newspapers or on the television. It is an everyday problem in Bangladesh these days. The consequences are also causing harm to the society, even death of women. Laws are there but proper enforcement of those laws is absent. These laws should be enforced properly and the teasers should be punished. It’s now high time for the government to take some serious action against eve teasing and implement the law to protect women before it’s out of control. Women should fight to safeguard their modesty. Right from the time they venture out of their homes for schools, colleges or offices, they should be aware all the time. They should raise their voice against such evil act all across the country.

Correspondence

For: The Lawyers & Jurists

M.L.Hotel Tower Ltd,208,Shahid Syed Nazrul Islam Sarani,

Bijoy Nagar, Dhaka-1000.

Email-admin@lawyersnjurists.com/nomaer@hotmail.com

www.lawyersnjurists.com

Country code+ Ph No.

Ph:0088-02-9571389; 0088-02-9513408,

0088-02-9564329, 0088-02-9564398

Direct cell with country code:

Local Code :

a)0088-01733689444

b)0088-01674647033

C)0088-01552632768

Disclaimer:

The information contains in this web-site is prepared for educational purpose. This site may be used by the students, faculties, independent learners and the learned advocates of all over the world. Researchers all over the world have the access to upload their writes up in this site. In consideration of the people’s participation in the Web Page, the individual, group, organization, business, spectator, or other, does hereby release and forever discharge the Lawyers & Jurists, and its officers, board, and employees, jointly and severally from any and all actions, causes of actions, claims and demands for, upon or by reason of any damage, loss or injury, which hereafter may be sustained by participating their work in the Web Page. This release extends and applies to, and also covers and includes, all unknown, unforeseen, unanticipated and unsuspected injuries, damages, loss and liability and the consequences thereof, as well as those now disclosed and known to exist.  The provisions of any state’s law providing substance that releases shall not extend to claims, demands, injuries, or damages which are known or unsuspected to exist at this time, to the person executing such release, are hereby expressly waived. However the Lawyers & Jurists makes no warranty expressed or implied or assumes any legal liability or responsibility for the accuracy, completeness or usefulness of any information, apparatus, product or process disclosed or represents that its use would not infringe privately owned rights. Reference herein to any specific commercial product process or service by trade name, trade mark, manufacturer or otherwise, does not necessarily constitute or imply its endorsement, recommendation or favouring by the Lawyers & Jurists. The views and opinions of the authors expressed in the Web site do not necessarily state or reflect those of the Lawyers & Jurists. Above all, if there is any complaint drop by any independent user to the admin for any contents of this site, the Lawyers & Jurists would remove this immediately from its site.