According to the judgment, any other degrading attitude, behaviour or behaviour that might constitute harassment in the general sense of the term, as generally understood, no matter how serious and devastating it may be for the victim, was not enforceable in the context of the review of an enforceable definition of harassment under the law. Giving such a restrictive meaning to harassment “enforceable” by Parliament in its wisdom touches precisely on the purpose and purpose for which the law was enacted. With the introduction of such laws, Pakistan seems to be making progress towards becoming a more progressive nation. Yet, despite the existence of such laws, many women and men are still unable to defend themselves, mainly due to a lack of awareness of their rights or fear of social stigma, which is why we fail to solve the problem of harassment once and for all. It is hoped that with changing times and with the help of awareness campaigns, the problem of harassment can be minimized. According to the 2010 Act, sexual harassment in the workplace manifests itself in the following three forms Although changes in the legal structure are not enough to change the reality that persists in Pakistan and there is a need to shape the social stigma associated with sexual harassment and victims of sexual harassment, some recommendations may improve the state of existing laws. Improving the state of the country: Under the new changes, victims of harassment in the workplace will no longer have to prove the pattern of harassment when filing a complaint. In the recent decision in Nadia Naz v. President of the Islamic Republic of Pakistan (2021), the Court concluded that this definition covers only a small fraction of what harassment is. Sexually tinted remarks, looks, voyeurism, harassment were not included, which not only limits the scope of the definition, but also invalidates the purpose behind the enactment of this law. With loopholes in the definition of “sexual harassment,” the entire law falls flat. What exactly falls under the term “workplace” as defined in paragraph 2(n) of the Act has also been criticized.
The law defines it as “the workplace or premises in which an organization or employer operates, and includes buildings, factories, open spaces or a larger geographical area where the activities of the organization or employer are carried out, including any situation associated with official work or official activity outside the office.” This definition does not take into account complaints faced by domestic workers. In addition, it would also not include cases of harassment to which people are exposed on the way to work and return from it. No cases have been reported on the basis of the above situations, leaving it to the judiciary to interpret the definition at its discretion. “In Pakistan, a person must be 14 or 15 years old to work, according to provincial labour laws. Now, children are also protected by law if they are subjected to any form of harassment in the workplace,” said lawyer Miqdad. “Whether it`s a one-time harassment incident or a pattern, both are considered harassment under the law and it will have the same value of making a strong case against the harasser,” Nighat explained. Only lawyers or legislators are aware of the laws that have been developed against sexual harassment. It is necessary to inject these laws into every woman in this society. To this end, the government should take action and programs should be implemented to raise public awareness. An organization should be structured that includes professional team members, and these team members should visit various schools and colleges to educate girls about sexual harassment laws. Is the adoption of laws sufficient to combat a social evil such as sexual harassment? The goal of all legislation is to create a peaceful and just society by establishing discipline through rules and regulations. Unfortunately, laws have no value if there is a lack of implementation.
Only if the implementation of laws is carried out with the utmost sincerity will the objective of introducing laws be achieved. It is recommended that you follow these steps if you are a victim of sexual harassment. Pakistan enacted the Prevention of Electronic Crime Act 2016 to protect its citizens from the plethora of cybercrime, but does not explicitly define “sexual harassment in the context of the online world.” The belief that the burden of sexual assault and violence falls on the victims of the act because they wear clothing and the amount of skin they show, and not on the men who commit these atrocities, is an indication of a society where laws and cultural and social consciousness are not in harmony with each other. This will not only become infected, but also promote the growth of the social tumor, which is sexual assault. The first step is to eliminate the social stigma associated with sexual harassment. Can you explain in detail the issue of sexual harassment, that is, how it occurs in the workplace? After reading these laws, I`m sure you`ll feel confident. Women in Pakistan are not powerless by the law, but they are simply not aware of it. Once these laws become popular among ladies, they will feel confident to move around this society because no one would try to sexually abuse them. Criminal sexual harassment is so courageous simply because they feel that no one can impose a penalty on them for their actions.
Once they are afraid of being charged, they will not even think about committing such illegal acts. Lawyer Samina welcomed the decision, adding that the amended clause will greatly benefit transgender people, who are often vulnerable to various forms of harassment. This term “sexual harassment” is defined as requests for sexual favours, unwanted sexual advances, or even any physical or verbal behavior of a sexual nature in the workplace, in public or elsewhere. Like many other countries, Pakistani women face this problem, and the phobia of harassment is a major obstacle to the development of our economy. In the past, when domestic workers – who do not have a formal contract with their employer – were subjected to some kind of harassment, they had no place to go because the law could not provide them with protection. According to section 2 (H) of the Protection against Harassment of Women Act 2010, any person who makes an unwanted sexual advance, requests for sexual favours or verbal or physical behaviour (falls into the category of harassment in the workplace) causes impaired performance at work or creates an intimidating work environment, hostile or offensive to colleagues. Guidance note for ombudsmen and harassment committees, in which they may consider cases of defamation – criminal or civil – in the harassment case as a form of reprisal. “The law already proposes harsh penalties for sexual harassment, and now that the scope of the law has been expanded, this will benefit victims,” she said. The investigator then offers the accused the opportunity to have his testimony recorded and to present witnesses to the defence. They may be cross-examined by the management representative on the basis of their statements.
There is no problem in using this cross-examination procedure in the context of investigations of other misconduct. However, it is unrealistic to expect a woman who is a victim of sexual harassment to be cross-examined by the accused and, conversely, in the presence of the male members of the Commission of Inquiry. The Commission of Inquiry established under the Harassment Complaints Act, 2010 is composed of three members. One of the members should be a woman, one should be a management representative and the other should be a senior executive. If there is a party to collective agreements (CLAs) in the organization, it appoints one of the three members instead of the executive employee. In addition, if a victim of sexual harassment is traumatized, you should arrange psychosocial counselling or medical treatment for them and provide additional sick leave if necessary. They are also required not to discriminate against a complainant. The following legislation regulates the harassment law in the country: Statistics claim that 99% of women in Pakistan have experienced some form of harassment at least once in their lives. However, if you arrive by public transport, this can be your daily emergency. Pakistani women, who are among the weakest on the equality index, face serious challenges such as harassment, cat calls and criminal harassment when they also leave their homes. Section 2(e) of the Act states that a complainant may be a man or a woman who has suffered harm, which means that only the victim of sexual harassment can file a complaint.
This section does not take into account the psychological trauma that a person who has experienced sexual harassment, which directly prevents them from commenting and talking about such an incident. What makes the situation even worse is that there is already a difference in power dynamics in a workplace that makes it even more difficult to file a complaint. This law must take into account possible situations in which a person has the power to file a complaint on behalf of the victim.