‘There are still many grey areas’

Malaysian lawyers weigh on Bar Council’s strict sexual harassment circular on legal professionals

We need proper parties or entities to investigate the complaint. The Bar Council needs to treat it akin to an act of proving a criminal offence, and not merely take action just because there is a complaint. There must be a proper task force and detailed investigation.

Dinesh Muthal

Winking, path-blocking, wolf-whistling and certain gestures can now constitute sexual harassment in the legal profession.

This was made clear by the Bar Council in its recent circular to safeguard legal fraternity.

Among the listed offences are offering promotions for a date or a hug, making unwanted advances and engaging in sexual coercion.

The circular also listed certain acts such as inappropriate verbal, visual and physical conduct as sexual harassment offences.

“Wolf-whistling, blocking your path, pa ing your head or si ing at your desk for no reason are all inappropriate,” reads the circular.

While the circular aims at curbing sexual harassment among legal professionals, it may raise some questions in terms of enforcement and whether such rules can be misused by a complainant.

To be er understand the potential grey areas in the circular, Malay Mail asked legal professionals about the practicality of such strict rules.

Lawyer Dinesh Muthal welcomed the council’s move to address the issues of sexual harassment that have been happening for ages.

“It’s good for it to be taken more seriously. Timely as well.”

He, however, said there must be a proper investigation methodology.

“We need proper parties or entities to investigate the complaint.

“The Bar Council needs to treat it akin to an act of proving a criminal offence, and not merely take action just because there is a complaint.

“There must be a proper task force and detailed investigation.”

Echoing similar sentiment, another lawyer David Mathew said the circular certainly was intended to create awareness that even actions that ordinarily seemed so innocuous could amount to sexual harassment.

He, however, said it all would come down to context.

“This has led to girls not going to school because they are ashamed of having their periods,” she added.

In her speech for the programme, Nancy said the goal was to empower 600,000 female school students nationwide by providing them with access to appropriate menstrual hygiene products and also educating them about reproductive health.

This initiative, she added, would go beyond sanitation, as it would also address ‘dignity, confidence and the full potential of female students’.

“At the same time, the male students are also empowered with the knowledge and awareness of menstruation,” she remarked.

Citing the Menstrual Management Status Study Report issued by the National Population and Family Development Board (LPPKN) last year, the federal minister said 9.9 per cent out of 130,000 female students nationwide faced difficulties in obtaining menstrual management products. As such, Nancy said to address this issue, an allocation of RM5.3 million had been allocated by her ministry to ensure the success of the programme and also to support students facing challenges related to menstrual hygiene.