Bangladesh's First Harassment Case?

Today I read about the epic court decision overturning a previous decision where victims of a sexual harassment case by a professor at Jahannigar University were expelled from their school and the perpetrator was fully exonerated. Yet today the court decided that the previous decision was erroneous, summoned a new investigation into evidence of wrongdoing by the University.

A couple of years ago, a few female students from said University filed a sexual harassment case  against one of their professors. However, their search for justice was thwarted by the overwhelming social sympathy for the male figure. In other words, the legal system penalized the female victims for voicing the misconduct of their professor, while rewarding and condoning the professor's inappropriate behavior by pardoning him. 

This legal case clearly delineats the patriarchal society which we still inhabit. Men get away doing worse things, while females are hindered and censured for standing up for themselves and highlighting the fallacies of their male counterparts. But, perhaps, with the overturning of the previous court's decision and the new inquiry into the University's actions and the victims' case can be used to crack the patriarchal ceiling. 

Females, especially victims, need a secure and safe platform to speak out against their perpetrators. The perpetrators of crimes must be taken to court and lawfully tried in order to thwart future smilar accidents occuring, and display the supreme fact that justice is indeed blind, and perpetrators must pay for their crimes. 

Jahangirnagar University Students Win Landmark Victory on Sexual Harassment Case

My friend emailed this to me today ----

High Court Holds Illegal University Decisions to Exonerate Teacher of Charges, Expel StudentsDirects Fresh Inquiry based on New Sexual Harassment GuidelinesSummaryThe High Court gave a landmark judgment today in the first application of its Sexual Harassment Guidelines pronounced on 14 May.One year ago, in May 2008, four women students at Jahangirnagar University made complaints of serial sexual harassment against their teacher and the Chairperson of the Drama Department, Sanowar Hossain Sunny. The University appointed three separate inquiry committees, which examined witnesses and issued reports with clear findings against the teacher. During this period, the students continued to face threats and harassment. In September 2008, the University announced that Sunny was 'exonerated of all charges of sexual harassment as they had not been proved beyond a reasonable doubt'. Later the University also proceeded to pass orders of temporary expulsion against four of the women complainants, and two male students who had given evidence in their favour.Prof Sirajul Islam Chowdhury and others filed a public interest petition challenging the University's decision and actions. Later the victim-complainants and the two other students also became parties to the petition (Prof Sirajul Islam and others v Jahangirnagar University and others Writ Petition 9414 of 2008).Today the High Court held that the decisions taken by the University to exonerate Sunny on the one hand, and to expel the students on the other, were both without lawful authority. It also directed the University to hold a fresh inquiry into the incident, with independent persons, on the basis of the new Guidelines on Sexual Harassment pronounced in BNWLA v Bangladesh . Citing judgments of the Supreme Courts of Bangladesh, India and Pakistan, the Court held that corroboration was not always required to prove allegations of sexual violence, and further that the standard of 'beyond a reasonable doubt' could not be applicable in cases of this nature, relating to disciplinary inquiries regarding allegations of sexual harassment. The Court also noted that Jahangirnagar University authorities had failed 'for reasons best known to themselves' to adopt their own guidelines on sexual harassment, and therefore in the absence of any applicable law, the High Court's new guidelines should be applied to any fresh inquiry.A Division Bench comprising Justice Syed Mahmud Hossain and Justice Quamrul Islam Siddiqi passed the judgment today.The writ petition was filed by eminent citizens Prof. Sirajul Islam Chowdhury and Kamal Lohani, and three human rights organisations, Ain o Salish Kendra, Nijera Kori and Kormojibi Nari.[1] Four women students of Jahagirnagar University who had made complaints of sexual harassment, and two others who gave evidence, were also joined as petitioners during the course of the hearing.Sara Hossain, with Ramzan Ali Sikder, Ainun Nahar Lipi and Abantee Nurul appeared for the public interest petitioners. Ruhul Quddus Babu appeared for the students.BackgroundComplaints: In May 2008, four women students submitted written complaints of serial sexual harassment against Asst Prof Sanowar Hossain Sunny of the Drama and Dramatic Theory Department. The University set up a preliminary inquiry committee, and then a further verification committee both of which made prima facie findings against the teacher. On consideration of their reports, the Syndicate established a Full Inquiry Committee under Section 44 of the Jahangirnagar University Act. This report was submitted to the Syndicate which passed a decision in September to exonerate the said teacher of all charges of sexual harassment on the ground that in the absence of eyewitnesses these had not been 'proved beyond reasonable doubt'. This decision was passed despite clear findings by each Inquiry Committee against the teacher, including findings by the Final Inquiry Committee of misconduct against the teacher, and that his behaviour was 'wholly improper and unbefitting of a teacher' and recommending action against him. The University, despite having powers to do so, had never suspended the teacher pending inquiry.Appeals filed by the students to the Chancellor of the University, also the President of the country, went unheeded.Expulsion and Threats: In October, the University then reinstated the teacher. Following his return to the campus, and an altercation with students, the accused teacher made a complaint against six students (two of whom were among the women who had made complaints against him and two of whom were male students who had given evidence against him). The Syndicate moved the same day to pass orders of temporary expulsion on these six students. A section of the Jahagirnagar University Teachers Association then held processions and meetings demanding the immediate expulsion of the students, and refused to hold classes unless action was taken. Some of these teachers were at the same time involved in the disciplinary proceedings against the students.During this entire period, the victim complainants and others witnesses had been subjected to repeated threats and warned that unless they stopped pursuing their claims against the teacher, they would face dire consequences. These threats were reported to the University Authorities but no action was taken.High Court Orders: On 27 October, the High Court issued a Rule Nisi on the University and also stayed the orders of temporary expulsion passed on the students. It asked Jahangirnagar University Authorities to show cause among others as to why its to exonerate Sanower Hossain Sunny should not be declared to be without lawful authority and why a fresh inquiry should not be held into the matter. It also stayed operation of the orders of the Syndicate suspending six students of the University including four of the women who had originally made complaints against this teacher and two other who had given evidence against him.The University in its response to the Court stated that it had acted with 'due process' and justified the action taken against the student victims of sexual harassment. As a result of the High Court's orders, it submitted copies of the reports of the three Inquiry Committees to the Court.
Sexual Harassment Guidelines: It should be noted that calls for formulation of Guidelines on Sexual Harassment had first come from students and teachers of Jahagirnagar University, in the wake of earlier incidents of serial sexual harassment, from more than ten years ago, involving both teachers and students as perpetrators. Although the JU Syndicate had mandated the framing of such Guidelines, it ultimately failed to adopt these Guidelines.In the meantime, in 2008, the University Grants Commission, in the context of the new reports of sexual harassment surfacing at JU and Dhaka University, and in response to calls from women's organisations, including Bangladesh Mohila Porishod, set up a drafting committee to prepare new Guidelines. This Committee drew heavily on the Jahangirnagar draft, and revised it following consultations with civil society organisations and academics. But ultimately the Education Ministry failed to adopt the Guidelines the decision. Earlier this month, it held that it would not proceed with the UGC guidelines, but instead called on each University to frame its own rules and regulations - leaving victims of sexual harassment with no effective redress. In this context, the High Court's Guidelines in Bangladesh National Women Lawyers Association v Bangladesh, pronounced on 14 May 2009, have filled a much needed gap in the law, and today's judgment shows how they can be immediately utilised to open up new possibilities for legal protection and also to hold authorities responsible for creating a violence free educational environment.For further information, please contactSara Hossain, 01713 031828, sarahossain@gmail.comRuhul Quddus, 01711 434891[1] Represented by Sultana Kamal, ED, ASK, Khushi Kabir, Coordinator, Nijera Kori and Shirin Akhter, President KN respectively.

Children of the Streets

It can be daunting at times to encounter a bevy of young children (who should be under ordinary circumstances similar to their privileged counterparts playing with toys or finishing their homeworks) out on the streets selling flowers, books, trinkets, or begging for money. These children of the streets (poignantly captured and glamourized in Slumdog Millionaire) are, without a doubt, as street smart and savvy as they are robbed of childhood memories typical of your and mine. From an even younger age, most of these children are forced to earn their own and their families' livelihoods. Whether by begging or through selling trinkets, they are expected to return home with enough cash to guarantee some food in their bellies and another day of looking forward to the same challenges again. Let us not also forget that most of these kids who go home to their families at the end of the day are generally regarded as the fortunate ones. Oftentimes, you hear of horrific tales of young children being pimped out to lecherous clients for sex. With all of these harrowing and life-threatending prospects engulfing them each day, it is always a surprise and a relief to encounter these young urchins offering flowers with huge toothy grins and words of encouragment to buy. 

Islam and Homosexuality

I watched quite a poignant film at our workshop today. The documentary is titled "A Jihad for Love". The documentary displayed the lives of several Muslims who are homosexuals. The aspects of the film that stood out for me are:

• The people identified themselves as devout Muslims. They religiously practised and observed the rules and regulations of Islam. Yet they were quite candid about their homosexuality.
• The people attempted to reconcile their lifestyle through the Quran. Instead of (mis)interpreting the story of Sodom and Gomorah as God's punishment against homosexuals in general, the South African Iman interpreted it as God censuring the sinners who were engaging in transgression against human rights. I, for one, am more inclined to believe the Iman's interpretation then accept the Quran vilifies homosexuality.
• Finally, most of the gay folks in the film had absconded to different countries for refuge due to harassment or violence experienced within their own countries because of their identity.

Personally, I found the folks dedication to their religion quite interesting. I suppose as I don't define myself through my religion, I found others' constructions of their self via Islam quite an innovative outlook. However, their tenacity to accept, define, and believe in the righteousness of their own lifestyle and path was sheer inspirational. Why should their choice, their right to be who they are be denied, invalidated, abused, and censured by others, let alone by religion itself? 

I Spy

The fate of Roxana Saberi sends chills down my spine. Here is a young female, possessing a dual citizenship (both American and Iranian), living in Iran as a journalist. She reports on mundane news surrounding Iranian issues and lifestyle. She never advocated and/or engaged in any overt form of anti-government practices. Yet, one night she finds herself arrested for buying liquor. The next thing the media hears is that she has been accused of espionage, trialed, found guilty, and sentenced to eight years in prison. Within a short span, Roxana Saberi's life has been trapped into a dark box. 

Enough media attention hasn't been given to the trial proceedings of Roxana. You can see her name and story mentioned here and there accompanied by a picture of a young girl just like you and me. The accusation of espionage is indeed a grave topic. But the United States did not seem overtly concerned in extricating Roxana from this web. What is exactly going on?

Now, you hear of her lawyers appealing her case, and confident that the appeal will go through. That is a relief in many instances. But why isn't there an American outcry over the imprisonment of a American citizen? So, what if she is part Iranian. She is also American. Isn't that enough? Doesn't she deserve justice and proper investogation into the charges brought against her?

It is quite puzzling and disturbing to see the media's almost numbness in reporting on Roxana Saberi. Who is she? Why has this happened to her? What was she doing? And what will happen now? These are important questions that need to be asked, answered, and exposed now. 

A fear of Iran-United States stand off doesnt warrant juggling with the live of a young innocent female.

UPDATE -  She's freed! Yay! Whether due to covert political pressure or deals, Roxana Saberi is a freed woman!

Gay Rights in Bangladesh

In a country where it is the norm to see two men, even more, walk hand in hand down the streets, the prospect of gay rights or gay people in general ruffle quite the feathers. People prefering same-sex relations are of course plenty in Bangladesh, as elsewhere around the world. It is, afterall, quite normal to be attracted to your own sex and regardless of being hotly debated, scientists do claim of a gay gene. However, after all is said and done, non-gay people in Bangladesh squirm and wince at the thought of their next door neighbour, their cousin, or their friend being gay. 

In a country where women still have to fight for their rights, gay people are further marginalized. Hence, it is no surprise that when we hear of gay men, they are usually associated with the glam and glitz of the media world, where their behaviours are seen with a gentle sway of the head and a wry smile. However, as sexism is inherent in Bangladeshi men, I have noticed the innate dislike towards gay culture. Oftentimes, just as gays are negatively portrayed in foreign lands, Bangladeshi men consider gay men substantially inferior and open to mockery and degradation. 

Yet with the influx of western media upon Bangladeshi society and sensibility, one can dare to dream that the attitude towards gays and lesbians will be evolving as well. Afterall, without sounding cliched or trite, they aren't aberrations of nature, they are ordinary folks just like you and me. 

BRAC's Center for Gender, Sexuality, and HIV/AIDS is conducting a four-day workshop on a much needed issue such as gay rights and sexuality. Challenging as it may sound, gay rights and gay identity especially in regards to Bangladeshi men and women need to be showcased to the public at large. Why should ordinary tax-paying, law-abiding citizens be marginalized just because of their sexual orientations or predilections? Women, who have too often faced the brunt and bore the fetters of sexism, should wholly support and advocate for the rights of the lesbians, gays, transsexuals, and transgenders communities. 

The Acid Fight

http://www.thedailystar.net/newDesign/latest_news.php?nid=16673

The government has created a committee essentially to keep track of the numerous cases of acid victims and to ensure that the perpetrators are brought to justice. Definitely a progressive move on the part of the current administration to recognize, record, provide security, and thwart future acid abuses. However, more details about this newly formed committee must be released. Furthermore, I sincerely hope that the committee manages to adhere to their convictions and bring to a successful close the multitudes of acid victims cases still pending.