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Steps needed to stop sexual harassment over cellphone

Sunday, 23 March 2008


Snigdha Madhuri of News Network
AFTER a long affair, Hena Islam married her fiancé, Sohel, barely six months ago. They were having a great time indeed. All on a sudden, a trouble broke out in their paradise. The reason: Unwanted calls on Hena's cellphone.
The problem began when Hena received a call on her cellphone. A young man from the other end was uttering filthy words. Hena (not her real name) hanged up. But the phone kept ringing.
The unwanted calls made Hena's hubby suspicious. Sohel started asking her so many questions. Hena couldn't answer those. She became mentally ill.
Let's see what happened to Jhinuk (name changed to protect privacy), a student of Dhaka University's Mass Communication and Journalism department. She was preparing to conduct a cultural programme of her department.
Then came a call on her cellphone. A perverted man came up with an ugly proposal. Jhinuk started shivering out of anger. She ultimately could not conduct the function.
"The man offered me money for going to his residence. You understand what did he mean," says a dejected Jhinuk. "The filthy offer made me sick. I just couldn't believe what I was hearing. For the next few days I was thinking why he gave me the proposal and what my fault was. Since then, I get scared when I see unknown numbers on my phone."
Dr Israt Jahan Bithi, a psychologist of Bangladesh Rehabilitation Centre for Trauma Victims, says, "Harassment over cellphones has now become a social problem. It might have a long-term influence on one's psychology."
She says continuous harassment not only causes annoyance, but also invites troubles in a conjugal life. Members of the family blame a girl for the harassment, which casts a negative impact on one's mind. Mobile operators must take measures against harassment over cellphones.
Dr Mahmudur Rahman, head of the department of psychology at Dhaka University, says, "Filthy words and ugly comments over cellphones create mental pressure on a person for which she can later even decide to commit suicide. The cellphone operators need to pay attention to this serious issue and must take necessary measures sooner than later."
He says not only the operators, things like family education and values can also play an important role in resolving the issue of harassment over phone. If the family teaches a boy how to respect a girl the extent of the problem will certainly lessen.
Talking about harassment-related laws, Bangladesh Legal Aid and Services Trust (BLAST) deputy director and a Supreme Court lawyer Farida Yasmin says, "Section 509 of the Penal Code of 1860 states, a person may be sentenced to one year imprisonment or fined or be punished by both, if he makes any offensive comments or undignified gesture or shows any object that can harm a woman's dignity. There are some other laws, too."
She says the Metropolitan Police Ordinance also deals with this issue. But, the process of substantiating any complaint is very much hard and complicated under the ordinance. Besides, women find themselves in an embarrassing situation when they go to complain. So, they prefer letting it go.
Considering harassment as a sexual repression, section 10(2) of the Women and Children Repression Prevention Act, 2000 says if a man sexually assaults or makes indecent gesture for meeting his sexual desire it will be considered as sexual harassment. The person is liable for up to seven years' imprisonment and fine.
In 2003, some amendments were brought to the law to check its misuse and filing of false cases under it. As a result, the definition of harassment has changed and the limit of punishment got reduced.
Women leaders and lawyers do not endorse the changes made to the law. They argue justice to eve-teasing victims has been denied permanently due to these changes and this is very unfortunate and shameful. They think it is very important indeed to include eve-teasing in the Women and Children Repression Prevention Act for preventing harassment (over cellphones.
Experts are of the opinion that mobile phone operators should take more responsibilities in this regard. "It's necessary to take legal measures against harassment under mobile phone operators' own rules and regulations. It can't be that cellphone companies will do business without taking responsibilities," says lawyer Farida Yasmin.
Mobile phone operators acknowledge harassment of women, over phones, but they say there is hardly anything they can do legally. Above all, they need to look after their own business.
"We too acknowledge that harassment over cellphone is a problem. We receive complaints every now and then. Legally, we can't do much. We can only caution the accused subscriber. But, we're ready to cooperate with the law-enforcing agencies," says Syed Yamin Bakht, general manager (information) of GrameenPhone.
A senior official of a mobile phone company, who spoke on condition of anonymity, says: "It's our business. We can't disconnect subscribers' phones harming our own business interests. Actually, harassing someone is a question of one's moral values.
"What can we do? Had there been any provision of punishment in the law, harassment would have decreased."
Deputy director of Bangladesh Telegraph and Telephone Board (BTTB) Mir Mohammad Morshed says: "Bangladesh Telecommunications Regulatory Commission (BTRC) has been set up for development of telecommunications, improvement of services provided by different companies and regulating the industry. It's the responsibility of BTRC to look into the subscribers' problems."
A senior BTRC official, requesting anonymity, says every mobile phone company and subscriber is bound to abide by every section of the Bangladesh Telecommunications Act, 2001 that gives the BTRC the responsibility to address the problems, including harassment, facing by the subscribers.
Another senior BTRC official, who also wishes not to be named, says: "There is a separate cell at the Commission to receive complaints from subscribers and investigate them.
To take any legal action, firstly a subscriber has to file a GD (general diary) with a police station. Later, if the allegation is proved, the BTRC can either direct the concerned operator to take necessary actions or can take legal measures itself ".