Why Do sexual Harassment Cases Persist Despite Existing Laws?

Sexual harassment remains one of the most persistent forms of gender-based violence affecting workplaces and educational institutions across Bangladesh. Despite increasing awareness and public discussion, many incidents continue to go unreported due to fear, stigma and institutional inaction. The proposed legal reforms mark an important moment in the country’s efforts to address harassment in a comprehensive manner. Recognizing the multidimensional nature of abuse, policymakers have sought to modernize definitions and enforcement mechanisms. However, the effectiveness of any legal framework ultimately depends on implementation, accountability and broader cultural transformation within society.

The draft Prevention of Sexual Harassment in Workplaces and Educational Institutions Ordinance introduces a broad and contemporary definition of harassment. It recognizes that abuse is not confined to physical misconduct but includes verbal, non-verbal, suggestive and digital behavior that creates an intimidating or humiliating environment. By incorporating online communication, messaging platforms and other digital tools within its scope, the draft acknowledges the evolving nature of harassment in an increasingly connected society. This expanded definition aligns with global standards and reflects the realities faced by women in professional and academic settings.

The proposed penalties under the ordinance range from formal reprimand to demotion, dismissal and expulsion from educational institutions. Such graduated punishment mechanisms aim to ensure proportional accountability while deterring misconduct. The in-principle approval of the draft at the Advisory Council meeting signals institutional recognition of the urgency of the issue. Alongside this, the in-principle approval of the Prevention of Domestic Violence Ordinance reflects a broader commitment to strengthening legal safeguards for women across both public and private spheres.

A notable provision in the draft ordinance is the mandatory formation of internal complaint committees in workplaces and educational institutions. These committees are expected to receive allegations, conduct investigations, ensure protection of complainants during proceedings and recommend appropriate action. The requirement to complete investigations within ninety days seeks to prevent prolonged delays that often discourage victims from pursuing justice. If implemented effectively, this institutional mechanism could create safer environments and encourage reporting by providing structured and confidential channels.

While the legal framework appears comprehensive, past experience indicates that enforcement remains the central challenge. Existing laws already provide avenues to address various forms of harassment and cybercrime. However, weak implementation, procedural delays and limited institutional commitment have often undermined their effectiveness. Without consistent monitoring and accountability, even the most progressive ordinances risk becoming symbolic gestures rather than practical solutions. Ensuring transparency and independent oversight will therefore be crucial in translating legislative intent into tangible protection.

Cyber harassment has emerged as a particularly troubling dimension of gender-based violence. The rise of social media, digital communication platforms and online workspaces has created new opportunities for abuse. Although law enforcement bodies such as the Cyber Crime Investigation Department and specialized police units are tasked with investigating digital offenses, conviction rates remain limited. Technical complexities, evidentiary challenges and societal pressures often hinder successful prosecution. Strengthening digital forensic capacity and ensuring victim support are essential steps toward addressing online abuse effectively.

A deeper obstacle lies in prevailing social attitudes and gender norms. Legal reform alone cannot dismantle entrenched patriarchal mindsets that trivialize or normalize harassment. In many cases, women who report abuse face skepticism, blame or professional retaliation. The persistence of male dominance in institutional hierarchies further complicates accountability. Transforming these attitudes requires sustained educational efforts, beginning within families and extending through schools, universities and workplaces. Promoting respect, equality and empathy must become integral to socialization processes.

Male engagement in combating harassment remains limited, despite the fact that cultural change requires collective participation. Too often, resistance to reform emerges from those who perceive gender equality as a threat rather than a shared responsibility. When incidents occur, women frequently bear the burden of protest and advocacy, while broader societal support remains inconsistent. Encouraging active involvement of men as allies in preventing harassment is essential. Awareness campaigns and institutional training programs should emphasize that gender-based violence undermines the integrity of society as a whole.

The protection of complainants is another critical concern. Fear of retaliation, social stigma and career consequences often deter victims from filing complaints. Confidentiality safeguards and witness protection mechanisms must therefore accompany investigative procedures. Internal complaint committees must operate independently and fairly to inspire trust. Without credible assurance of safety, victims may remain silent, perpetuating cycles of abuse. Effective legal reform requires not only punishment for offenders but also empowerment and reassurance for survivors.

Institutional culture plays a decisive role in either enabling or preventing harassment. Organizations that prioritize transparency, equality and accountability are more likely to foster respectful environments. Conversely, institutions that tolerate informal power hierarchies or dismiss complaints as trivial contribute to systemic injustice. Leadership commitment is essential in setting the tone. Regular training, clear codes of conduct and zero-tolerance policies must become standard practice rather than reactive measures triggered by public controversy.

Media and civil society organizations have contributed significantly to highlighting cases of harassment and advocating reform. Public discourse has pressured policymakers to update legislation and address gaps in protection. However, sustained engagement is necessary to ensure that reforms do not lose momentum after initial approval. Continuous monitoring, research and reporting can help evaluate the impact of the ordinance once enacted. Civil society must remain vigilant in assessing whether institutional complaint mechanisms function effectively in practice.

No ordinance or law can guarantee complete safety for women unless society collectively commits to confronting harassment in all its forms. Legal provisions establish boundaries and consequences, but genuine transformation requires moral responsibility and active cooperation from both men and women. A shift in cultural attitudes, combined with rigorous enforcement and institutional integrity, is indispensable. The recent legislative initiatives represent a positive step, yet their success will depend on sustained political will and societal readiness to uphold the principles of equality and dignity for all.

 
MD. Noor Hamza Peash is
a legal researcher and a
freelance columnist.