https://wwp.trifms.com/redirect-zone/4299d2c3 Lawful obligation to create a more women- friendly workplace. - Judiciary preparation-জুডিশিয়ারী পরীক্ষা প্রস্তুতি

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Lawful obligation to create a more women- friendly workplace.

Legal Articles that discuss the basics of the legislation to laymen, write-ups about present lawful precedent, dialogues about the past, present, and future of law, as well as their influences on society, etc.


Lawful obligation to create a more women- friendly workplace.


Women constitute half of the world's population. According to the World Bank collection of development indicators, female population for Bangladesh till 2021 was 82.3 million which is 49.44% of the total population and the ratio is growing at an average annual rate of 1.93%. No sustainable development is possible by keeping such a large population poor. Though women are taking active participation in people & private industries lately, still the amount in comparison with man is 11.5%. The remaining 89.5% of women are not directly involved in any economic or financial work. Although the Constitution of Bangladesh emphasizes on equitable participation of women in all spheres of public life and considers work as a right and duty, now the number of women working in industrial Bangladesh has been declining since 2010.


The Centre for Development and Employment Research (CDER) and the FES (Friedrich- Ebert- Stiftung), Bangladesh has published this report last year. There are many factors which contribute to the non- participation of women in the job market, such as cultural stigma, lack of security, insufficient income number compared to men, sex- based bias, sexual harassment in workplace etc. Even if some people start working at an earlier age, they may start their career after wedding because of being restricted by in- laws. Problem worsens when they become a mother. Working women also have to face various difficulties, but the difficulties of working mom are on another degree!


Considering all these details which lag behind female hands, some significant steps have been taken by the authorities towards creating a more women- friendly workplace. Really recently on 09 January 2023, the High Court issued a rule upon a writ plea filed by Ain O Salish Kendra( ASK) to form a committee to prevent sexual abuse of people in every state and no- state institutions including educational organizations. Earlier in 2009, the HC issued another rule in response to a petition filed by the Bangladesh National Women Lawyers 'Association( BNWLA), to set out guidelines for protection against sexual harassment at workplaces and other institutions. But the commands are not implemented just after a decade. However, in 2019 the government launched the National Action Plan( NAP) on Women, Peace and Security( WPS) 2019- 2022, where the government has plans to increase the involvement of women and their benefit, such as developing gender- sensitive laws and policies to promote women's participation. In the same year, the HC issued a concept followed by a writ plea filed by Advocate Ishrat Hasan to set up feeding ends and child care ends at all public venues including organizations across the country. This will allow the women to serve their children in any location without any hesitation.


Another modern perceptible stage is to adopt the 'Child Day Care Center Act, 2021'. This is a really well- timed legislation as for working mom query arises- If both the families leave for work, who is to take care of the baby? Depending on property- helps seems dangerous to various parents which results in putting little pressure on the mother. Ultimately, the mother has to surrender her profession for the child. Although according to International Labor Organization, companies have a constitutional responsibility towards the feminine actor family as well. So every office may have childcare facility on their premises. This will keep working mothers anxiety- independent and will result in their best efficiency of them.


The Act aims at ensuring the safety of the boy and treatment in a suitable environment with provisions of consequence in case of nonpayment. According to sections 4- 6 of the Act, every government, semi- government, automatic and no- government organizations properly, under their own management, create and run daycare centers, but registration is forced only for individuals or no- government organizations. The Act ensures all the services for the boy including health treatment, safety, health, recreation, education, sufficient environment and other important facilities in the child day- care center, and the licensing authority may impose a fine up to 50 thousand takas if any rule is violated. Areas 23- 24 provides if the health or health of the child is endangered at the center due to negligence, they may be liable to imprisonment for a name not exceeding two centuries or to a fine not exceeding two crore baht or both. In addition, violent treatment to a toddler is punishable by imprisonment for a phrase not less than two weeks or a good of fifty thousand takas or both. Lastly, missing a child from a child daycare facility may be considered as a serious offence. For this, the concerned person will be punished with internment of up to ten years and fine of five crore baht. The Act also considers any electronic testimony as admissible in court during the test. The Centre for Development and Employment Research( CDER) and the FES( Friedrich- Ebert- Stiftung), Bangladesh has published this report last year. There are many factors which contribute to the non- participation of women in the job market, such as cultural stigma, lack of security, insufficient income number compared to men, sex- based bias, sexual harassment in workplace etc. Even if some people start working at an early age, they may start their career after relationship because of being restricted by in- laws. Problem worsens when they become a mother. Working women also have to face various difficulties, but the difficulties of working mom are on another degree!


Considering all these details which lag behind female hands, some significant steps have been taken by the authorities towards creating a more women- pleasant workplace. Really recently on 09 January 2022, the High Court issued a rule upon a writ plea filed by Ain O Salish Kendra( ASK) to form a committee to prevent sexual abuse of people in every state and no- state institutions including educational organizations. Earlier in 2009, the HC issued another rule in response to a petition filed by the Bangladesh National Women Lawyers 'Association( BNWLA), to set out guidelines for protection against sexual harassment at workplaces and other institutions. But the commands are not implemented just after a decade. However, in 2019 the government launched the National Action Plan( NAP) on Women, Peace and Security( WPS) 2019- 2022, where the government has plans to increase the involvement of women and their benefit, such as developing gender- sensitive laws and policies to promote women's participation. In the same year, the HC issued a concept followed by a writ plea filed by Advocate Ishrat Hasan to set up feeding ends and child care ends at all public venues including organizations across the country. This will allow the women to serve their children in any location without any fear.


Another modern perceptible stage is to adopt the 'Child Day Care Center Act, 2021'. This is a really well- timed legislation as for working mom query arises- If both the families leave for work, who is to take care of the baby? Depending on property- helps seems dangerous to various parents which results in putting little pressure on the mother. Ultimately, the mother has to compromise her profession for the child. Although according to International Labor Organization, companies have a constitutional responsibility towards the feminine actor family as well. So every company may have childcare facility on their premises. This will keep working mothers anxiety- independent and will result in their best efficiency of them.


The Act aims at ensuring the safety of the boy and treatment in a suitable environment with measures of consequence in case of nonpayment. According to sections 4- 6 of the Act, every government, semi- government, automatic and no- government organizations properly, under their own management, create and run daycare centers, but registration is forced only for individuals or no- government organizations. The Act ensures all the services for the boy including health treatment, safety, health, recreation, education, sufficient environment and other important facilities in the child day- care center, and the licensing authority may impose a fine up to 50 thousand takas if any rule is violated. Areas 23- 24 provides if the health or health of the child is endangered at the center due to negligence, they may be liable to imprisonment for a name not exceeding two centuries or to a fine not exceeding two crore baht or both. In addition, violent treatment to a toddler is punishable by imprisonment for a phrase not less than two weeks or a good of fifty thousand takas or both. Now, missing a child from a child daycare facility may be considered as a serious offence. For this, the concerned person will be punished with internment of up to ten years and fine of five crore baht. The Act also considers any electronic data as admissible in court during the test.


These earlier- mentioned steps will certainly lead to the creation of more women- friendly workplace, but the underlying progress may be made within the attitude of the society. The families of female employees should assist them at best. The participation of women in work is good not only for the financial growth of the country but also for the families in challenging times.


The author is an learner lawyer of Dhaka Judge Court.

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